Comparative and Foreign Law Commons^™

A Decade Of Administrative Law: 1942-1951, Bernard Schwartz

Michigan Law Review

The past ten years have been particularly momentous ones in the development of American administrative law. It is, indeed, not too much to say that there are few, if any, aspects of that field which have not witnessed important changes during that time. It is for this reason that an analysis of administrative law developments during the past decade should prove useful. However valuable an annual survey of the law may be, it suffers from the shortness of the period which it covers. An analysis of developments during a decade enables a broader perspective to be obtained.

It will be …

The Cy Pres Doctrine And Changing Philosophies, Edith L. Fisch

Michigan Law Review

The cy pres doctrine arose so far back in antiquity that its origins are obscure. Apparently it was known and used in Roman law, for an application of the cy pres doctrine is reported in the Digest of Justinian. In the early part of the third century a city received a legacy bequeathed for the purpose of commemorating the memory of the donor by using the income of the legacy to hold yearly games. As such games were illegal at that time a problem arose concerning the disposition of the legacy. Modestinus, a well known jurist, found the solution.

Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher

Michigan Law Review

During the century and a half which followed the Norman Conquest, the owner of land who attempted to transfer it might meet with opposition from three interested parties, his feudal overlord, his heir apparent and his tenant. His feudal overlord might object to a transfer by way of substitution, that is, one under the terms of which the transferor did not retain a reversion; because the proposed transferee was not a suitable person to perform the feudal services due for the land. As these services were frequently of a personal or military nature such an objection was not necessarily captious. …

Precedent In Past And Present Legal Systems, C. Sumner Lobingier

Michigan Law Review

The prevailing notion that stare decisis is peculiar to the Anglican Legal System is quite provincial and far from correct. On the contrary, the principle is inherent in every legal system, at least in its primitive stage; for the earliest form of law is custom, and the "core of custom" is precedent, not necessarily judicial, but something quite as authoritative.

The Place Of Trial Of Criminal Cases: Constitutional Vicinage And Venue, William Wirt Blume

Michigan Law Review

In 1909 one Henry G. Connor, presumably Mr. Justice Connor of the Supreme Court of North Carolina, published in the Pennsylvania Law Review an article entitled "The Constitutional Right to a Trial by a Jury of the Vicinage." The question discussed was: May a state constitutionally provide by statute that a crime be tried in a county other than that in which it was committed? Or, putting the question in terms of vicinage as distinguished from venue, may a state constitutionally provide by statute that a crime be tried by jurors summoned from a county other than the county …

The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar

Michigan Law Review

The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …

English Criminal Prosecutions, John B. Waite

Michigan Law Review

A review of CRIMINAL JUSTICE IN ENGLAND, A STUDY IN LAW ADMINISTRATION. By Pendleton Howard.

The Old Roman Law And A Modern American Code, Joseph H. Drake

Michigan Law Review

In Book II, on Property, Ownership, and its Modifications, the Porto Rican Code follows closely its Spanish prototype. The main variation in general outline is the omission from the American code of the special property in minerals and in intellectual productions.

The Old Common Law And The New Trusts, Ditlew M. Frederiksen

Michigan Law Review

T HE Civil Code of Porto Rico, our latest Roman American code, gives interesting proof of the fact that the two systems of law, the Roman and the English, which control most of the nations of the civilized world and their dependencies, are, in their essence, but slightly different enunciations of the same principles of natural justice. The parent of the Civil Code of Porto Rico1 is the Spanish Civil Code,2 in force in Spain since May I, 1889, and extended to Cuba, Porto Rico, and the Philippines on July 31, 1889. The Spanish Civil-Code is the result of the …