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Full-Text Articles in Law

From Indictment To Information -- Implications Of The Shift, George H. Dession Dec 1932

From Indictment To Information -- Implications Of The Shift, George H. Dession

Faculty Scholarship Series

RECALLING Bentham's assertion that the grand jury had been per-forming no useful function since the beginning of modern prosecu-tion, and remarking the unanimity of modern expert studies to the same effect, the Report on Prosecution by the National Commission on Law Observance and Enforcement concludes:

"that under modern conditions the grand jury is seldom better than a rubber stamp of the prosecuting attorney and has ceased to perform or be needed for the function for which it was established and for which it was retained throughout the centuries; that .... an unnecessary work burden upon the administration of justice .... should ...


Book Review: Problems Of The German-American Claims Commission, Edwin Borchard Jan 1932

Book Review: Problems Of The German-American Claims Commission, Edwin Borchard

Faculty Scholarship Series

This important analysis and commentary by the German judge of the Mixed Claims Commission, United States and Germany, upon the legal questions before that Commission is a work of permanent value. Under the economic and reparation clauses of the Treaty of Versailles, as adopted by the United States, the Commission passed upon the claims of American citizens against Germany arising out of the war, whether the losses were occasioned by violations of international law or not. The jurisdiction of the Commission extended to claims for losses occurring after July 31, 1914, on account of deaths and personal injuries, hull and ...


The Foreseeability Factor In The Law Of Torts, Fowler V. Harper Jan 1932

The Foreseeability Factor In The Law Of Torts, Fowler V. Harper

Faculty Scholarship Series

Probably the most powerful and most uniform social policy crystallized in the various rules and doctrines of tort law is to be found in the concept of foreseeability or expectability of certain harms from certain types of conduct. The whole idea of risk or threat is comprehended in the notion of foresight--foresight in the sense of the probability of harm resulting from conduct. Experience suggest the danger incident to certain activity. Not particular experience of particular individuals, but general experience--experience that often defies analysis--the multitude of factors, knowledge, hunches, instincts or what they may be called, the common sense that ...


Declaratory Judgments In New Jersey, Edwin Borchard Jan 1932

Declaratory Judgments In New Jersey, Edwin Borchard

Faculty Scholarship Series

New Jersey was the State which, by the statute of 1915 and the case of In re Ungaro’s Will, began the current movement for the introduction of the declaratory judgment into American procedure. Appreciation of its beneficent effect is attested by the fact that thirty-one American jurisdictions have now adopted it as an aid in the solution of contested issues of law, before one party or the other has incurred the risk of loss or damage by acting upon his own interpretation of his rights under a contract, will, statute, or other legal instrument or relation. Its history in ...


The Problem Of Mental Disorder In Crime, Leon A. Tulin Jan 1932

The Problem Of Mental Disorder In Crime, Leon A. Tulin

Faculty Scholarship Series

One of the consequences of the law's acceptance of the lay notion
that most people are free rational agents is the tacit assumption that except
in clearly recognizable cases of marked dementia, all people are the
same and should be treated alike. No middle zone is recognized. This
approach to the problem of anti-social behavior is, of course, completely
opposed to the present trend of thought. To the criminologist mental
abnormality is an extremely broad concept; and is merely one of the
factors to be considered in determining in individual cases why an offender
offended and what method of ...


Book Review: International Confrences Of American States, Edwin Borchard Jan 1932

Book Review: International Confrences Of American States, Edwin Borchard

Faculty Scholarship Series

Simon Bolivar and Henry Clay a century ago foresaw the necessity for occasional conferences among the states of the American continent for the consideration of common problems. The idea had an abortive beginning in the rump conference of 1826 at Panama, at which the United States delegates arrived after the adjournment of the conference; but it had a fruitful development after its revival by James G. Blaine in the eighties. Since the First International Conference of American States at Washington in 1889, conferences have met in 1902 (Mexico), 1906 (Rio de Janeiro), 1910 (Buenos Aires), 1923 (Santiago), 1928 (Havana), and ...


Judicial Organization And Procedure, Walter F. Dodd Jan 1932

Judicial Organization And Procedure, Walter F. Dodd

Faculty Scholarship Series

The Self-Governing Bar. "In the large city of today, there are thousands
of lawyers, but there is no bar."' With this remark, Roscoe Pound
five years ago called attention to the situation which had resulted in the
United States from the absence of a corporate profession equipped to administer discipline and govern itself. The presence in all communities of
lawyers whose character or equipment rendered them unfit to practice
had brought the entire profession into disrepute and had contributed
largely to the encroachment of banks, trust companies, and other lay
agencies upon the legal field. Absence of adequate organization representative ...


Liability Without Fault And Proximate Cause, Fowler V. Harper Jan 1932

Liability Without Fault And Proximate Cause, Fowler V. Harper

Faculty Scholarship Series

As a logical matter there seem to be two possible schemes of legal liability. The first one may be stated as follows: One may be liable for all consequences of all of his acts. While it has been sug- gested that this was the principle of the mediaeval law, it has been pointed out by Professor Winfield that such was never literally the case. Under this principle, as he has shown, everyone would be in jail except for these reasons: no one could legally put anyone else in jail, no one could legally keep anyone else in jail, and no ...


Negotiability Of Corporate Bonds, Roscoe T. Steffen, Henry E. Russell Jan 1932

Negotiability Of Corporate Bonds, Roscoe T. Steffen, Henry E. Russell

Faculty Scholarship Series

There has smouldered for many years a question whether the
Negotiable Instruments Law should apply to long term commercial
paper-the bonds, debentures, equipment trust certificates
and other instruments invented by an ingenious financial community.
Not that any one doubts that such paper should be negotiable,
for there has been no criticism of the decisions so holding,
nor has there been much concern whether negotiability was
reached under the Act or by common law recognition of custom.
But when, as has happened several times in recent years, an instrument
of this class has run afoul the statute and been held
non-negotiable ...


A Factual Study Of Bankruptcy Administration And Some Suggestions, J. Howard Marshall, William O. Douglas Jan 1932

A Factual Study Of Bankruptcy Administration And Some Suggestions, J. Howard Marshall, William O. Douglas

Faculty Scholarship Series

Bankruptcy administration has been subject to but little fundamental
change in the thirty-three years since the present act was
adopted. Though amendments have frequently been made, they
have altered only the detail, not the general structure. But there is a
suspicion that things have changed in respect to bankruptcy or at least
that various assumptions basic to the system have been disproved or
need to be qualified. Further, it is felt that the system has acquired
or inherited from older times a rigidity that prevents it from adequately
adjusting itself to the exigencies of the life with which it deals.


The Problem Of Anti-Trust Reform, Walton H. Hamilton Jan 1932

The Problem Of Anti-Trust Reform, Walton H. Hamilton

Faculty Scholarship Series

For some inscrutable reason the Creator has equipped man with a mind that cannot quite keep up with the times. The course of unintended events hurries our culture towards its unknown future and man belatedly brings up his intellectual resources. He sees with his mind as well as.with his eyes, and crowds his observation of things new under the sun into customary categories. To him the emerging corporation is a person ; industrial relations concern masters and servants ; the work of the machine is manufacture; capitalism is a mere extension of handicraft. It was decades after the old order had ...


Book Review: Fontes Juris Gentium, Edwin Borchard Jan 1932

Book Review: Fontes Juris Gentium, Edwin Borchard

Faculty Scholarship Series

These several works, products of the scientific research of the Institut fur auslandisches dffentliches Recht und Volkerrecht at Berlin, are, in my opinion, the outstanding contributions to the apparatus of international law since the publication of Moore's Digest of International Law. In making available source material, they attest the conviction that an accurate knowledge of the past is the most reliable guide for human progress, an axiom sometimes lost sight of in the concoction of intricate schemes for international government. At all events, Professor Bruns and his collaborators have in these volumes made available in readily accessible form an ...


Judicial Relief For Peril And Insecurity, Edwin Borchard Jan 1932

Judicial Relief For Peril And Insecurity, Edwin Borchard

Faculty Scholarship Series

In the United States, we are not accustomed to consider the theory of procedure as of profound importance. Possibly the extraordinary technicality of American procedure by reason of which substantive issues are so often relegated to practical oblivion by procedural tactics is in part responsible. At all events, the unsystematic and empirical method of embarking upon and concluding litigation seems to have developed a frame of mind somewhat indifferent to the theoretical function of the judicial process. For example, down to very recent days Justices of the United States Supreme Court gave expression to the view, now happily repudiated, that ...


Book Review: Citizenship, Edwin Borchard Jan 1932

Book Review: Citizenship, Edwin Borchard

Faculty Scholarship Series

This is a compendium prepared from lectures for college students on American citizenship as a status and on the constitutional privileges and immunities of citizens and other inhabitants of the United States. It thus combines a discussion of the law of citizenship, naturalization, and expatriation with the constitutional law of the first eight Amendments and the 14th, taking in under the latter a discussion of the police power, eminent domain, zoning, and, even beyond, the so-called federal police power--constitutional law as it affects the individual.


Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin Borchard Jan 1932

Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin Borchard

Faculty Scholarship Series

In a recent Michigan case the seller of a boiler, claiming a chattel mortgage therein for the unpaid purchase price, brought an action against the person who had bought the boiler at a bankruptcy sale of the property of the original buyer for a declaration that the plaintiff had the right to possession, or in the alternative, that the defendant was under a duty to pay the balance of the original purchase price. The defendant claimed to be the owner free of the mortgage. A majority of the Michigan Supreme Court, on its own motion, for the propriety of the ...


Some Functional Aspects Of Bankruptcy, William O. Douglas Jan 1932

Some Functional Aspects Of Bankruptcy, William O. Douglas

Faculty Scholarship Series

THE case studies of the fifteen hundred New Jersey and Boston bankrupts which were made during the last two years throw some light upon the functions which the venerable institution of bankruptcy is performing. The present Act was passed in 1898 and, though amended several times, has never been changed fundamentally. During the thirty-three years it has been in force no inventory of its operation has been made. But little attempt has been made to determine its incidences. In fact without independent investigations that would be practically impossible, as no provision is made in the system for the collection of ...


The Lawyer's Law, W Underhill Moore Jan 1932

The Lawyer's Law, W Underhill Moore

Faculty Scholarship Series

AN attempt to define the limits of the field of law and the problems within it, what are and should be the approaches to those problems, and the data and methods for investigation must begin with the activities and ways of thinking of the practitioner. These have established the boundaries of the field and the mode of its cultivation not only for the practitioner but also for those with scientific curiosity.


A Factual Study Of Bankruptcy Administration And Some Suggestions (With J. Howard Marshall), William O. Douglas Jan 1932

A Factual Study Of Bankruptcy Administration And Some Suggestions (With J. Howard Marshall), William O. Douglas

Faculty Scholarship Series

Bankruptcy administration has been subject to but little fundamental change in the thirty-three years since the present act was adopted. Though amendments have frequently been made, they have altered only the detail, not the general structure. But there is a suspicion that things have changed in respect to bankruptcy or at least that various assumptions basic to the system have been disproved or need to be qualified. Further, it is felt that the system has acquired or inherited from older times a rigidity that prevents it from adequately adjusting itself to the exigencies of the life with which it deals.


Secondary Distribution Of Securities: Problems Suggested By Kinney V. Glenny (With George E. Bates), William O. Douglas Jan 1932

Secondary Distribution Of Securities: Problems Suggested By Kinney V. Glenny (With George E. Bates), William O. Douglas

Faculty Scholarship Series

THE recent case of Kinney v. Glenny raises interesting and important problems of business and of law and poses questions that require for their disposal an appreciation and appraisal of the methods employed in marketing and distributing securities. The problems involved cover a wide range. In general they pertain to the fiduciary relationship between broker and customer, and between dealer and customer; the various business situations wherein the broker or dealer acquires an adverse interest to the customer; and the legal rights and duties flowing therefrom. There will be examined not only the report of the case but also the ...


Property -- According To Locke, Walton H. Hamilton Jan 1932

Property -- According To Locke, Walton H. Hamilton

Faculty Scholarship Series

IN the history of ideas the names of John Locke and George Sutherland stand somewhat apart. The one was the author of a celebrated "chapter on property"; 1the other was the voice of the United States Supreme Court in the declaration of the invalidity of the minimum wage law; and nearly a quarter of a millenium separates the two intellectual events. The passing of the crowded years belies a causal connection between them; a likeness in thought, and even an occasional turn of expression, betokens more than a coincidence. A comparison of the documents indicates that had it not been ...


Book Review: A Bibliography Of Abridgments, Digests, Dictionaries And Indexes Of English Law To The Year 1800, Frederick C. Hicks Jan 1932

Book Review: A Bibliography Of Abridgments, Digests, Dictionaries And Indexes Of English Law To The Year 1800, Frederick C. Hicks

Faculty Scholarship Series

WHEN Lord Coke, in the preface to one of his Reports, advised law students to seek the fountains, he was drawing a distinction between the "books at large," namely law reports and statutes, and abridgments of them. Of the latter, including indexes and dictionaries, one hundred items had already been published. His advice, good when given, and still good, did not, however, reduce the demand for such books, for they continued to be published and used. Cowley lists 294 of them published before 1800, and their present day bibliographical descendents are among the most important facilities required by the lawyer ...


Cataloguing And Classification In A Modern Law School Library, Frederick C. Hicks Jan 1932

Cataloguing And Classification In A Modern Law School Library, Frederick C. Hicks

Faculty Scholarship Series

Suppose that you, a law librarian, were asked the question, What is the best plan for cataloguing and classifying a law library, just being organized, which however, will grow by leaps and bounds and become one of the largest in the world ? Would you be prepared to answer? Suppose that the library already numbered 100,000 volumes, was growing at the rate of ten thousand volumes a year, was expected in your own time to reach 400,000 volumes, had outgrown its present catalogue and classification scheme, and was in constant use by an active body of professors and students ...


Negotiability Of Corporate Bonds, Roscoe T. Steffen, Henry E. Russell Jan 1932

Negotiability Of Corporate Bonds, Roscoe T. Steffen, Henry E. Russell

Faculty Scholarship Series

There has smoldered for many years a question whether the Negotiable Instruments Law should apply to long term commercial paper-the bonds, debentures, equipment trust certificates and other instruments invented by an ingenious financial community. Not that any one doubts that such paper should be negotiable, for there has been no criticism of the decisions so holding, nor has there been much concern whether negotiability was reached under the Act or by common law recognition of custom. But when, as has happened several times in recent years, an instrument of this class has run afoul the statute and been held non-negotiable ...


The Role Of Substantive Law And Procedure In The Legal Process, Thurman W. Arnold Jan 1932

The Role Of Substantive Law And Procedure In The Legal Process, Thurman W. Arnold

Faculty Scholarship Series

There seems to be a general assumption today that the "Science of Law " is not adequately performing its function in the judicial process. When a great lawyer can voice the general opinion of the bar in stating that the confusion and uncertainty caused by a vast mass of decisions and principles is growing worse from year to year, it is inevitable that various conflicting attitudes toward this science should take the place of a former uncritical acceptance.


Law Enforcement—An Attempt At Social Dissection, Thurman W. Arnold Jan 1932

Law Enforcement—An Attempt At Social Dissection, Thurman W. Arnold

Faculty Scholarship Series

Courts are never able to live up to the standards set for them by legal scholars. We know that the standards of certainty for legal statement, set by the traditional legal scholar, will never be fulfilled. We also know that the requirement of universal understanding of the diverse problems confronting courts, insisted upon by the realist, is equally impossible. Yet it seems to be the general opinion that we should keep on criticising courts in the light of these unattainable ideals. If the frailty of human nature and the ingenuity of the trial lawyer or politician prevent our ever reaching ...


The Inquisitorial Functions Of Grand Juries, George H. Dession, Isadore H. Cohen Jan 1932

The Inquisitorial Functions Of Grand Juries, George H. Dession, Isadore H. Cohen

Faculty Scholarship Series

WHILE denying the traditional virtues of grand juries and discrediting them as wielders of the power of indictment, current criticism nevertheless remains non-committal as to their value for John Doe investigation into crime. As epitomized by the report of the National Commission for Law Observance and Enforcement, there seems to be some feeling that they are still of possible use in that quarter: "Today the grand jury is useful only as a general investigating body for inquiring into the conduct of public officers and in case of large conspiracies. It should be retained as an occasional instrument for such purposes ...


Book Review: Select Cases And Other Authorities On The Law Of Trusts, Ashbel G. Gulliver Jan 1932

Book Review: Select Cases And Other Authorities On The Law Of Trusts, Ashbel G. Gulliver

Faculty Scholarship Series

THE original edition of this popular casebook is herein thoroughly and skillfully revised. One has the impression that each item-almost every word- has been carefully selected and arranged, not merely in the choice of the cases and the construction of the footnotes, but also in the editing of the decisions printed, which have been vigilantly pruned. Perhaps the study of the subject is thus somewhat over-simplified. Perhaps, however, this is counterbalanced by the increase in enthusiasm for reading that able guidance and absence of irrelevancies may well produce. Variations from the first edition, however, while important, are chiefly in details ...


Commonwealth V. Hunt, Walter Nelles Jan 1932

Commonwealth V. Hunt, Walter Nelles

Faculty Scholarship Series

This article will survey a landmark of American labor law. It will
be prefaced by a short recapitulation of general views which have been
developed at length in another article.'
The handful of American labor cases before 1850 are striking illustrations
of the nature of some law as an index of social direction-an
index less like a compass showing direction in relation to some fixed
lodestar of human harmony than like a weather-vane-harder to read,
however, since the true direction of the wind it swings to is not always
clear. Each of the cases showed a complex force resulting from ...