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Full-Text Articles in Law

The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland Jan 1920

The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland

Articles

It is doubtful whether American legal institutions have witnessed a more far-reaching procedural reform since New York adopted its Code of Civil Procedure in 1848, than the movement toward the authorization of judicial declarations of rights which has received its chief impetus from legislation enacted in three American States during the past year. A somewhat timid step in this direction was taken by the New Jersey Chancery Practice Act of 1915, but it disclosed a want of confidence in the broad effectiveness of the remedy. Now for the first time American legislation has definitely committed itself to the principle that …


Recovery Of Life Insurance When Insured Died In Military Service, Ralph W. Aigler Jan 1920

Recovery Of Life Insurance When Insured Died In Military Service, Ralph W. Aigler

Articles

A group of very recent cases, representative no doubt of many others pending, involve an interesting and important question as to the construction of military and naval service clauses in life insurance policies. These clauses which have been common in policies, at least in those issued in the last few years, while varying in wording-and these variations may be vitally important,-provide in general that if the insured meets death while engaged in military or naval service the liability of the insurer shall be limited to the premiums paid, unless permission to engage in such service shall have been obtained from …


Nebulous Injunctions, Edgar N. Durfee Jan 1920

Nebulous Injunctions, Edgar N. Durfee

Articles

Injunctive relief is sought against alleged wrongdoing which is merely incidental to the conduct of a legitimate business. The wrong is established and the court is satisfied that an injunction should issue. Yet some nice questions remain as to the scope and terms of the decree.


International Recognition And The National Courts, Edwin D. Dickinson Jan 1920

International Recognition And The National Courts, Edwin D. Dickinson

Articles

In the law of nations everything depends upon recognition. A newly organized state may possess all the requisites of de facto existence, but it can gain admission to the community of international law only as it is recognized by other states. Even after it has been admitted to the international community it may be virtually outlawed by the refusal of other states to recognize a change in its government. It is through recognition and recognition alone that a de facto state becomes and continues an international person and a subject of international law.