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Full-Text Articles in Law

The Professional School As A Factor In University Education, Harry B. Hutchins Jan 1899

The Professional School As A Factor In University Education, Harry B. Hutchins

Articles

The past twenty-five years have witnessed many radical changes in professional education. Here, quite as much as in other fields of learning, the old has given place to the new. This is particularly true of legal and medical education. In these departments the changes have been chiefly in the direction of more scientific methods and greater thoroughness. In the United States, until within a comparatively recent period, professional education in law and medicine was very largely obtained through an apprenticeship in the office of the practitioner. It is true that under the old regime, the medical student, if he aspired ...


A Word To The Alumni In Michigan, Harry B. Hutchins Jan 1898

A Word To The Alumni In Michigan, Harry B. Hutchins

Articles

Through the amalgamation, at the last commencement, of the different alumni societies and the employment of a resident secretary who gives his entire time and undivided energies to the work of the association, a step was taken that must result in great and permanent good to the University. The unification of this great body of men and women who have at heart the interests of the University and who are ready and willing at all times to use their influence for its advancement, cannot but bring the institution into closer touch with the people. I firmly believe that substantial results ...


The First Law Class, Bradley M. Thompson Jan 1898

The First Law Class, Bradley M. Thompson

Articles

The writer was a member of the literary class of 1858, a class great in numbers. It graduated forty-nine. It was the custom in those days for each senior to deliver an oration on commencement day. The class of '58 were limited to five minutes each, and they gave the audience a perfect fusilade of speeches for more than three hours at short range.


The New Law Building, Jerome C. Knowlton Jan 1898

The New Law Building, Jerome C. Knowlton

Articles

At the last meeting of the Board of Regents an important action was taken. Plans for enlarging and improving the law building were adopted, involving an expenditure of some $50,000.


Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin Jan 1896

Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin

Articles

This is an interesting topic to every jobbing house, and to every attorney concerned with mercantile collections. The law is pretty well settled on the general subject and the Treatises on Sales are plentiful. Among the best is that of Mr. Benjamin. Tiffany on Sales of the Hornbrook Series recently issued assumes also to state briefly the principles which control in these cases. At large commercial and metropolitan points, and among lawyers who have occasion to often deal with this question, there is perhaps not much difficulty in arriving at correct conclusions, and promptly enforcing the rights of a defrauded ...


Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin Jan 1896

Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin

Articles

In a former article (May number JOURNAL) fraud in contemplation of law, or legal fraud was considered. It was contended that a false representation, though honestly made and believed to be true, afforded sufficient ground to the vendor for rescinding a con- tract of sale. We now propose to briefly consider character of statements made, with some reference also to representations made to commercial agencies. It may be regarded as within the common knowledge of the profession, that the false representation must be the assertion of a fact, and usually of an existing fact, although the fact may depend upon ...


Local Self-Government, So Called, As It Is Found In The Constitution Of Michigan, Otto Kirchner Jan 1895

Local Self-Government, So Called, As It Is Found In The Constitution Of Michigan, Otto Kirchner

Articles

It is not my purpose to enter upon a detailed examination of municipal government as it now exists, but to confine myself to the consideration of some of the constitutional limitations that rest upon the legislative power to deal with the matter.


Can The Present Jury System Be Improved?, Bradley M. Thompson Jan 1895

Can The Present Jury System Be Improved?, Bradley M. Thompson

Articles

There is unquestionably much dissatisfaction with the quality of the modern jury, and with the character of its work. Since juries are composed of men possessing finite intelligence, at best, we ought not to expect that their verdicts would show evidence of infinite wisdom. But the most charitable, who do not expect the impossible are often disappointed at the quality of the possible. All this goes without saying and consequently the question is often discussed, how can the system be improved?


Legal Education: Its Relation To The People And The State, Harry B. Hutchins Jan 1895

Legal Education: Its Relation To The People And The State, Harry B. Hutchins

Articles

All callings are to a greater or less extent interdependent. One should not be fostered at the expense of another, yet any improvement along a given line is more than local and immediate in its influence. It reaches more than those who are directly concerned. The building up and perfecting of a single industry may add to the wealth and importance of its promoters, but to argue that they are the only beneficiaries, would be to leave out of the case all of the indirect results that naturally and inevitably flow from a very successful undertaking. The fostering of.an ...


Some Remarks Upon The Government Of Municipalities Suggested By The Experience, Growth And Development Of The City Of Grand Rapids, John W. Champlin Jan 1894

Some Remarks Upon The Government Of Municipalities Suggested By The Experience, Growth And Development Of The City Of Grand Rapids, John W. Champlin

Articles

The municipal government of the city of Grand Rapids has not in a11 respects been entirely successful. Dissatisfaction has manifested itself in parts of the community, especially in that portion which has to bear the burthen of taxation on account of increasing bonded indebtedness and the great increase of expenditures in carrying on the affairs of the city. Lack of discrimination in the objects of expenditure, and disregard of legal limitations upon the authority of the council, have caused uneasiness and comment. Notwithstanding these, the city has grown in population and material wealth, and I can say without self-adulation, is ...


The Courts Of Judea, Jerome C. Knowlton Jan 1894

The Courts Of Judea, Jerome C. Knowlton

Articles

The study of Jewish jurisprudence has become interesting during the past ten years through the efforts of some painstaking scholars, who have not been burdened with any particular dogma, but have been actuated by a true Christian spirit. They have been close students of those portions of the Talmud which throw light on the jurisprudence of the Jews.


Testamentary Promises To Pay, Nathan Abbott Jan 1892

Testamentary Promises To Pay, Nathan Abbott

Articles

The New York Law Journal for May 23, 1892, contains a suggestive editorial headed "A Will or Not a Will," in which the writer says "Interesting questions are constantly arising in the classification of instruments which, although expressing wishes or intentions to be carried out after death, are open to criticism on the score of testamentary execution." As is intimated by the writer, the difficulty of placing an instrument in either the class of contracts or wills is considerably diminished if the statutory provisions as to execution of wills are elaborate. Where holographic wills are allowed, or wills of personal ...


How May Presidential Electors Be Appointed?, Bradley M. Thompson Jan 1892

How May Presidential Electors Be Appointed?, Bradley M. Thompson

Articles

For more than half a century presidential electors have been chosen upon a general ticket in all the states. This was not the uniform practice at first. Judge Cooley in the last number of the JOU11NAL makes it clear that at least four different methods were at first adopted, one of them, the "district system," being that selected by the last legislature of Michigan. Following Judge Cooley's article is one by Gen. B. M. Cutcheon attacking this system on two grounds: First, that it is in conflict with the Constitution of the United States; and, secondly, that it is ...


The "Law Reports", Nathan Abbott Jan 1892

The "Law Reports", Nathan Abbott

Articles

The period between the years 1860 and 1870 marks an interesting stage in the history of law reporting. Within this period a system of reporting that had existed for upward of three centuries came to an end, and an experiment was begun whereby it was hoped to produce reports not merely in a new way, but reports that were to be materially different in form and substance from those of the previous system. The conception of the enterprise and its successful accomplishment is due to the energy and discretion of one man, whose history of the affair, after twenty years ...


A Suggestion Concerning The Law Of Inter-State Extradition, Edwin F. Conely Jan 1892

A Suggestion Concerning The Law Of Inter-State Extradition, Edwin F. Conely

Articles

While yet the nation was forming-indeed as early as 1643-the impolicy of the colonies' suffering themselves to become asylums for criminal refugees was seen and appreciated by the public men of the time. But, though continued efforts were made in the right direction and much was accomplished, the rendition of fugitives from justice remained, either legally or practically, a matter of comity for nearly a century and a half, or until the adoption of the Constitution of the United States. Then, made mandatory by the organic law of the Nation, inter-state extradition ceased to be subject to State control or ...


The American Mutuum, Jerome C. Knowlton Jan 1892

The American Mutuum, Jerome C. Knowlton

Articles

The delivery of goods that may be accurately designated by number, weight or measure, such as corn or wine, on an undertaking that goods of like kind and quality shall be returned, creates what is known in the civil law as the contract of mutuum, a kind of bailment contract. Text writers on the common law regard such a transaction as a sale and not a bailment. "Where there is no obligation to return the specific article, and the receiver is at liberty to return another thing of equal value, he becomes debtor to make the return, and the title ...


Embarrassments To Legal Education, Jerome C. Knowlton Jan 1892

Embarrassments To Legal Education, Jerome C. Knowlton

Articles

In European countries a student is not allowed to undertake the study of law until he has received a degree equivalent to the A. B. degree in American colleges, and the minimum term of study is three years, and in some cases four or even five years are required. With some mortification, we recognize that the profession of law in this country has not approximated this high standard.


The Element Of Locality In The Law Of Criminal Jurisdiction, Henry W. Rogers Jan 1889

The Element Of Locality In The Law Of Criminal Jurisdiction, Henry W. Rogers

Articles

THE Federal Courts have no common law criminal jurisdiction. The question was raised in the United States Circuit Court for the District of Pennsylvania, in 1798, in United States v. Worrall, 2 Dallas, 384, and the Court was equally divided in opinion. Iii 1818, Mr. Justice STORY, in United States v. Coolidge, 1 Gallison, 488, decided that there were common law offences against the United States. But this, as we shall see, was overruled by the Supreme Court. As early as 1807, Chief Justice MARSHALL, in Ex parte .Bollman, 4 Cranch, 75, had said, "This Court disclaims all jurisdiction not ...


Law School Of The University Of Michigan, Henry W. Rogers Jan 1889

Law School Of The University Of Michigan, Henry W. Rogers

Articles

The University of Michigan is one of the two largest universities in the United States, and this position it has attained within a comparatively few years. In June, 1887, it celebrated its semi-centennial ; and the University Calendar this year issued shows a Faculty roll of one hundred and eight professors, instructors, and assistants, as well as the names of eighteen hundred and eighty-two students. Harvard University, founded in 1636, and the oldest institution of learning in the country, celebrating its two hundred and fiftieth anniversary in November, i886, leads it in numbers by only seventeen students. In 1871 the Hon ...


Law Schools And Legal Education, Henry W. Rogers Jan 1888

Law Schools And Legal Education, Henry W. Rogers

Articles

In the February number of the AMERICAN LAW REGISTER, there appeared an interesting article from the pen of Mr. Henry Budd, discussing the relation of law schools to legal education. The motive which inspired the writing of the article, was a commendable one, and the desire of the writer to have a higher standard established, governing admissions to the bar, will be quite generally concurred in. No one could read the article in question, however, without readily perceiving that the law schools of the United States were considered to be, in large measure, responsible for the admission to the bar ...


International Extradition, Henry W. Rogers Jan 1888

International Extradition, Henry W. Rogers

Articles

It is a well-established principle of law that criminal prosecutions are local and not transitory. A wrong-doer whose wrong consists in a civil injury, or arises out of a breach of contract, can ordinarily be required to answer for the wrong done wherever he may be found. But a different principle is applied to the case of one who has committed a crime. As one nation does not enforce the penal laws of another, and as the process of the courts of a state can confer no authority beyond its own territorial limits, punishment can be avoided by escaping from ...


Subscriptions, Henry W. Rogers Jan 1887

Subscriptions, Henry W. Rogers

Articles

One cannot expect, within the limits of a single article, to exhaust the law relating to Subscriptions. But within the limits assigned, I propose to consider some portions of the law relating to this subject, which seem to me to be of sufficient interest and importance to merit attention in these pages. The subject of Subscriptions is seemingly a narrow one, and yet it has given rise to very considerable litigation, and out of it have come many interesting questions, upon the determination of which large pecuniary interests have often-times depended, especially in the case of Stock Subscriptions.


Labor And Capital Before The Law, Thomas M. Cooley Jan 1884

Labor And Capital Before The Law, Thomas M. Cooley

Articles

The chief concern of every political society is the establishment of rights and of adequate securities for their protection. In America, it has been agreed that this shall be done by the people themselves; they shall make their own laws, and choose their own agents to administer them. But the obvious difficulty of doing this directly has been recognized, and the people, after formulating the charter of government, incorporating in it such principles as they deem fundamental, content themselves with delegating all powers of ordinary legislation to representatives. Notwithstanding this delegation, much direct legislation of a very effective and important ...


Harboring Conspiracy, Henry W. Rogers Jan 1884

Harboring Conspiracy, Henry W. Rogers

Articles

That the American people should naturally sympathize with Ireland in its demand for home rule is to be expected from the very nature of our institutions and theory of government. We in this country are of the opinion that Ireland, in demanding from England the right to regulate its domestic affairs in its own way and by its own laws, presents an honorable and a just cause, which appeals to our sympathy and sense of right. But it makes no difference bow honorable and legitimate a cause may be in itself, if it be supported by means which are not ...


State Regulation Of Corporate Profits, Thomas M. Cooley Dec 1882

State Regulation Of Corporate Profits, Thomas M. Cooley

Articles

At the time when the Federal Constitution was adopted, municipal government in America was a very simple affair, and was managed with ease and economy through local officers, who provided for the making and repairing of roads, looked after disorderly characters, abated local nuisances, and levied rates for the few and simple public needs. When the growing population of a particular locality appeared to need larger powers of local government, the legislature granted them, but they often involved little more than the holding of fairs as a means of building up local trade, the institution of a local court for ...


The Remedies For The Collection Of Judgments Against Debtors Who Are Residents Or Property Holders In Another State, Or Within The British Dominions, Thomas M. Cooley Dec 1882

The Remedies For The Collection Of Judgments Against Debtors Who Are Residents Or Property Holders In Another State, Or Within The British Dominions, Thomas M. Cooley

Articles

Whenever a party who has obtained a judgment in one state or county has occasion to take proceedings for its enforcement in another, he finds-perhaps to his surprise-that his judgment as such has no extra-territorial force, but that in other jurisdictions it is merely evidence of a settled demand, upon which judgment must be obtained in a new suit before there can be process for its enforcement. A creditor cannot, for example, upon a judgment recovered in New York, have an execution in Pennsylvania; for courts issue executions only upon their own judgments; and while it would no doubt be ...


The Abnegation Of Self-Government, Thomas M. Cooley Dec 1882

The Abnegation Of Self-Government, Thomas M. Cooley

Articles

The fundamental idea underlying the government of every State of the American Union is that the people rule. Upon this the American people have erected their constitutional structure, and to thi!J thcir laws and their conduct are supposed to conform. Their constitutions, State and National, tho they may be said to have grown out of their circumstances, were not forced upon them by the circumstances, and simply accepted with little or no volition on their part, as has very commonly been the case with government in other countries; but the controlling principle was adopted deliberately by them, from a ...


The Right Of A Bona Fide Occupant Of Land To Compensation For His Improvements, Henry W. Rogers Dec 1882

The Right Of A Bona Fide Occupant Of Land To Compensation For His Improvements, Henry W. Rogers

Articles

It may be observed, in the first place, that the civil law afforded protection to the bona fide occupant of land, who had made useful or permanent improvements on the land, believing himself to be the true owner. The civil law never permitted one who was in the possession of land in good faith, to be turned out of his possession by the rightful owner, without any compensation for the additional value he has given to the soil by the improvements he had made; but it allowed him to off-set the value of his improvements to the extent, at least ...


Compensation Of Experts, Henry W. Rogers Dec 1882

Compensation Of Experts, Henry W. Rogers

Articles

The law relating to the compensation of experts is somewhat unsettled, and the cases are not numerous in which the subject has been considered. This very fact, however, lends additional interest to the subject, and the question is one of great importance. In some of the States the law expressly provides that when a witness is summoned to testify as an expert he shall be entitled to extra compensation. Such a provision may be found in the laws of Iowa, of North Carolina, and of Rhode Island.


Title To Lands Under Fresh Water Lakes And Ponds, Thomas M. Cooley Dec 1880

Title To Lands Under Fresh Water Lakes And Ponds, Thomas M. Cooley

Articles

In the Northwestern States there are innumerable lakes and ponds, which are largely resorted to for pleasure, and for the opportunities they furnish for the taking of game and fish. The scenery about them is, in most cases, picturesque and inviting, and they become favorite locations for residence. On some the navigation is valuable for business purposes; others are navigated for pleasure only. In surveying the public domain for the purposes of sale, the government caused all that were too large to be embraced within a single subdivision of a section, to be meandered at the water line, and the ...