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Full-Text Articles in Law

A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster Jan 1915

A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster

Articles

In these times when we see combinations of employers co-operating under trade agreements with combinations of employees to conduct immense industries, we are apt to forget the remarkable development of ideas concerning industrial economy that has occurred within a life-time. It was only eighty years ago that the merchants of Boston met to discountenance and check what were then regarded as unlawful combinations of workmen formed to protest against the long work day, low wages, and oppressive rules of their masters. The sum of $20,000 was raised at this meeting of merchants and ship owners to fight the movement for …


The Inefficiency Of The American Jury, Edson R. Sunderland Jan 1915

The Inefficiency Of The American Jury, Edson R. Sunderland

Articles

What is proposed in the present article is to show that in attempting to preserve the independence of the jury in its exclusive juris- diction over questions of fact, the people and the courts in most American jurisdictions have departed from the common law practice and have introduced a principle calculated to undermine the very institution which they wish to strengthen. That is to say, through the rules prohibiting judges from commenting on the weight of the evidence, juries tend to become irresponsible, verdicts tend to become matters of chance, and the intricacy of procedure, with its cost, delay and …