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1921

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Institution
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Articles 1 - 30 of 71

Full-Text Articles in Law

The Honorable George Wythe: Teacher, Lawyer, Jurist, Statesman; An Address Delivered Before The Wythe Law Club Of The College Of William And Mary In Williamsburg, Virginia, Dec. 18, 1921, Oscar Lane Shewmake Dec 1921

The Honorable George Wythe: Teacher, Lawyer, Jurist, Statesman; An Address Delivered Before The Wythe Law Club Of The College Of William And Mary In Williamsburg, Virginia, Dec. 18, 1921, Oscar Lane Shewmake

Faculty Publications

No abstract provided.


Summons Comes Quickly To Mrs. Enoch G. Hogate Dec 1921

Summons Comes Quickly To Mrs. Enoch G. Hogate

Enoch George Hogate (1906-1918; 1918-1924 Dean Emeritus)

No abstract provided.


Rules Of Warfare, Edwin D. Dickinson Nov 1921

Rules Of Warfare, Edwin D. Dickinson

Articles

Professor Dickinson anticipates the 1921 Conference of Washington on arms control and limitation in light of the recent world war and the special situations in the Far East. "War is abnormal, the negation of law and order, the exaltation of force..... This does not mean that codes of war law, so called, have no place or function ...."


Gratuitous Partial Assignments, Edwin D. Dickinson Nov 1921

Gratuitous Partial Assignments, Edwin D. Dickinson

Articles

"Is it possible to make an effective and irrevocable assignment by way of gift of part of a close action? There are no obvious reasons why it should not be possible. Gifts of a great variety of valuable rights are favored and protected by law. Why not a gift of part of a chose in action?"


Former Law Dean Dies Following Operation Oct 1921

Former Law Dean Dies Following Operation

William Perry Rogers (1896-1902)

No abstract provided.


Rogers-William Perry Rogers Oct 1921

Rogers-William Perry Rogers

William Perry Rogers (1896-1902)

No abstract provided.


76th University Of Notre Dame Commencement, University Of Notre Dame Aug 1921

76th University Of Notre Dame Commencement, University Of Notre Dame

Commencement Programs

76th University of Notre Dame Commencement Program

Summer


College Of Law Commencement Program, 1921, University Of Kentucky Jun 1921

College Of Law Commencement Program, 1921, University Of Kentucky

Graduation Programs

No abstract provided.


The Law School Commencement Dinner Jun 1921

The Law School Commencement Dinner

Recognition Ceremony

No abstract provided.


William And Mary's Pioneer American Law School, Robert M. Hughes Jun 1921

William And Mary's Pioneer American Law School, Robert M. Hughes

History of the Marshall-Wythe School of Law

No abstract provided.


The Rule Of Law And The Legal Right, Joseph H. Drake Feb 1921

The Rule Of Law And The Legal Right, Joseph H. Drake

Articles

IT IS a common experience with a teacher of law to find in every department of the subject a number of hard knots that have resisted all the efforts of the courts and jurists to split them. These usually take the form of a hopeless contrariety of decisions, or of decisions which are impeccable in their logic but offend against what we usually speak of as a sense of natural justice. It is customary for us to dismiss these with a statement that the majority of decisions or the weight of authority favors the one conclusion or the other, and ...


Judgment Or Satisfaction As Passing Title, Charles E. Clark Jan 1921

Judgment Or Satisfaction As Passing Title, Charles E. Clark

Faculty Scholarship Series

"The controversy whether the title to a converted chattel vests in a defendant by simple judgment, or only after the satisfaction of the judgment, is, therefore, but another battle of the knights over the gold and silver shield. Under some circumstances the title changes by the judgment alone; in other cases satisfaction is necessary to produce that result."

Such was the conclusion of Ames on the mooted question whether, in an action for conversion, the mere entry of a judgment for the value of the converted chattel, or the payment of the judgment, passed the title of the chattel to ...


Validity And Effects Of Contracts In The Conflict Of Laws (Part 3), Ernest G. Lorenzen Jan 1921

Validity And Effects Of Contracts In The Conflict Of Laws (Part 3), Ernest G. Lorenzen

Faculty Scholarship Series

A question may arise whether there was in legal contemplation a meeting of minds. Suppose that A in New York makes an offer to B in Germany by mail, and that he revokes it by cable after B has received the letter containing the offer. Under the German law A is bound by his offer if it is accepted within the period within which A would under ordinary circumstances expect an answer. If the transmission of a letter between New York and Germany takes two weeks B could accept the offer by cable at any time before the expiration of ...


Newton D. Baker Scrapbook, May 19, 1920-February 20, 1921, Newton D. Baker Jan 1921

Newton D. Baker Scrapbook, May 19, 1920-February 20, 1921, Newton D. Baker

Newton D. Baker Scrapbooks

No abstract provided.


The Uniform Act On Declaratory Judgments, Edwin Borchard Jan 1921

The Uniform Act On Declaratory Judgments, Edwin Borchard

Faculty Scholarship Series

The national conference of Commissioners on Uniform State Laws at its session in St. Louis in August, 1920, approved the first draft of a Uniform Act on Declaratory Judgments. At the next session of the Conference in 1921 the Act will probably receive final approval and be recommended to legislatures for enactment. The importance of the recommendations of this August body in promoting the enactment of legislation in our states warrants some comment upon the draft they have approved.


Legal Ethics, William Howard Taft Jan 1921

Legal Ethics, William Howard Taft

Faculty Scholarship Series

Young men and women of the Boston University Law School: I am glad to be here. The Dean told me as we came up that he was a little afraid to introduce me, but I told him he might do so without recourse on him. He could thus avoid any implication of his approval of what I am going to say. This is not the first time I have been here, but I presume I am addressing young men and women who were not in the school when I was here before and this is a generation which knows not ...


Earning Of Freight On Uncompleted Voyages, Edwin Borchard Jan 1921

Earning Of Freight On Uncompleted Voyages, Edwin Borchard

Faculty Scholarship Series

An inevitable consequence of the Great War was the interruption or breaking up of commercial voyages it necessarily brought about. These acts of interference have occasioned much litigation on the question of the amount of freight earned by vessels thus rendered unable to complete their voyages, and have given renewed importance to an interesting subject of admiralty and contract law. The imagination has not conjured more varied and romantic circumstances than the actual facts of maritime adventure, as disclosed in the prosaic pages of the law reports. It may, therefore, be of interest to discover how the courts have dealt ...


The Inns Of Court And Certain Conditions In American Legal Education, Charles M. Hepburn Jan 1921

The Inns Of Court And Certain Conditions In American Legal Education, Charles M. Hepburn

Charles Hepburn (1918-1925)

Address delivered, October 11, 1921, before the Bar Association of Howard County, Indiana.


Free Speech In War Time, James Parker Hall Jan 1921

Free Speech In War Time, James Parker Hall

Journal Articles

No abstract provided.


Preventive Justice Through Declaratory Relief, Edson R. Sunderland Jan 1921

Preventive Justice Through Declaratory Relief, Edson R. Sunderland

Other Publications

Professor Sunderland describes the history, and current directions, of declaratory judgments. "The practice of making declarations of right has completely revolutionized English remedial law. The American lawyer who peruses the current English reports is bewildered by their novelty...."


Disqualification Of Judges By Prejudice, Edson R. Sunderland Jan 1921

Disqualification Of Judges By Prejudice, Edson R. Sunderland

Articles

Under the provisions of Section 21 of the Federal Judicial Code, Victor Berger and others, who had been indicted under the Espionage Act in the Northern District of Illinois, filed an affidavit charging Judge Landis with personal bias and prejudice against them as German-Americans, and moved for the assignment of another judge to preside at their trial. The motion was overruled by Judge Landis, and he himself presided at the trial, and the defendants were convicted and sentenced. The Supreme Court of the United States, to which the matter came on certificate, held, three justices dissenting, that Judge Landis could ...


The Newberry Case, Ralph W. Aigler Jan 1921

The Newberry Case, Ralph W. Aigler

Articles

Senator Newberry of Michigan and sixteen others were convicted in the United States District Court on the charge that they "unlawfully and feloniously did conspire, combine, confederate, and agree together to commit the offense [in the Newberry indictment] on his part of wilfully violating the act of Congress approved June 25, 1910, as amended, by giving, contributing, expending, and using and by causing to be given, contributed, expended and used in procuring his nomination and election at said primary and general elections, a greater sum than the laws of Michigan permitted and above ten thousand dollars," etc. The Act of ...


General Samuel T. Ansell, Edward M. Morgan Jan 1921

General Samuel T. Ansell, Edward M. Morgan

Faculty Scholarship Series

As one who knows him well, it is my pleasure to present to the readers of this publication–and it would be a correspondingly greater pleasure to present to the country at large–a brief sketch of the lawyer, soldier, citizen, whose name is at the heading of this contribution. By reason of the magnificent measure of lasting achievement in each ot these capacities, lie well deserves to be call distinguished. Like every strong man whose efforts result in revolutionizing an institution of government–especially when that institution is an archaic military establishment–he has, or has had, his traducers ...


Admissions As An Exception To The Hearsay Rule, Edward M. Morgan Jan 1921

Admissions As An Exception To The Hearsay Rule, Edward M. Morgan

Faculty Scholarship Series

Is an extra-judicial verbal admission by a party to an action receivable in evidence as an exception to the hearsay rule? That rule generally excludes extra-judicial statements when offered to prove the truth of the matter therein asserted. If admissions are received for any other purpose, or if they are received not as evidence, but as substitutes for proof, the query should be answered in the negative.


Book Review: Early Records Of Gilpin County, Arthur L. Corbin Jan 1921

Book Review: Early Records Of Gilpin County, Arthur L. Corbin

Faculty Scholarship Series

The first rush of gold seekers to Colorado occurred in 1858 and 1859. In the

present volume are found the records of the earliest organizations in the state

and the legislation of the early mining. districts. In June, 1859, the Rocky

Mountain News reported "The first mass meeting ever held in the Rocky Mountains."

It was at the "Gregory Diggings", attended by "between two and three

thousand miners", and was addressed by Horace Greeley. A report on what

they found at Gregory Diggings was prepared by a committee of three distinguished

visitors, consisting of Horace Greeley, A. D. Richardson, and ...


Bringing Third Parties Into Actions At Law—Set-Off Against The Assignor, Edson R. Sunderland Jan 1921

Bringing Third Parties Into Actions At Law—Set-Off Against The Assignor, Edson R. Sunderland

Articles

It frequently happens, in an action by an assignee, that the defendant wishes to use as a cross-action a claim against the assignor. This results in no diffiulty unless the amount of the set-off against the assignor is greater than the claim of the plaintiff, or unless the cross-action calls for a specific remedy against the assigner in addition to its defensive effect upon the plaintiff's demand. In each of these cases we have a three-sided controversy. In the first, the set-off operates against the plaintiff to the extent of his claim and against the assignor for the balance ...


Statements Of Fact In Pleading Under The Codes, Walter Wheeler Cook Jan 1921

Statements Of Fact In Pleading Under The Codes, Walter Wheeler Cook

Faculty Scholarship Series

In a recent case in New York the plaintiff alleged in his complaint that the promise for the breach of which he was suing was made in exchange for "a valuable consideration." The case went to the Court of Appeals upon the question whether this allegation is a "statement of fact" or a "conclusion of law". For many years prior to this decision the Appellate Division of the First Department had held this to be a "mere conclusion of law", whereas the Appellate Division of the Third Department regarded it as a "statement of fact". An examination of the authorities ...


A Mere Quantum Meruit For Attorneys’ Fees, Charles E. Clark Jan 1921

A Mere Quantum Meruit For Attorneys’ Fees, Charles E. Clark

Faculty Scholarship Series

It may be true, in this country at least, that a lawyer is worthy of his hire, but this does not mean that he is always to get what he thinks his hire should be. He may recover in quantum meruit the "reasonable value" of his services practically everywhere in the United States, but a series of recent cases has shown that there may nevertheless be obstacles in his way of recovering a definite and agreed fee. If such fee is contingent, it is, according to the Canons of Legal Ethics of the American Bar Association, subject to the supervision ...


Legal Ethics, William Howard Taft Jan 1921

Legal Ethics, William Howard Taft

Faculty Scholarship Series

My fellow-students of the law: In this morning's lecture, I attempted to show, first the necessity for the profession of the law, and the impossibility of maintaing such a profession unless its members are paid for their services; and, second, that such a system, when conducted under ethical rules, some of which I summarily stated, contributes most effectively to the cause of justice and equity. I would like now to consider the Code of Legal Ethics more at length, under some eight different heads.


Jural Relations And Their Classification, Arthur Corbin Jan 1921

Jural Relations And Their Classification, Arthur Corbin

Faculty Scholarship Series

In a number of articles published in several law magazines Albert Kocourek has taken occasion to consider and work of the late Wesley N. Hohfeld with respect to legal conceptions. He has generously given credit to Hohfeld's and constructive service, and has done him the signal honor of building upon his foundation, even though he undertakes extensive alterations.