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The Moral Element In Supreme Court Decisions, Samuel E. Stumpf Dec 1952

The Moral Element In Supreme Court Decisions, Samuel E. Stumpf

Vanderbilt Law Review

Does the United States Supreme Court decide cases on the basis of moral and ethical value judgments? Such a question may reveal a misunderstanding of the nature of law as well as the nature of the judicial process. Moreover, to expect the Court to roam in the field of morals may indicate a failure to take into account the limitations placed upon the Court both by our federal system and by the division of powers. Indeed, a reading of the Supreme Court decisions for the past twenty years reveals a manful resistance on the part of the judges to intrude …

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Congress Or The Courts As Final Arbiter In Tax Disputes?, William J. Bowe Dec 1952

Congress Or The Courts As Final Arbiter In Tax Disputes?, William J. Bowe

Vanderbilt Law Review

During the last two years the Supreme Court of the United States has handed down only five income tax opinions. The box score stands four for the Government, one for the taxpayer. None of the cases involved modifications in fundamental concepts of tax law or resulted in major policy changes in the administration of the fiscal system. The record for the taxpayer is far more impressive in the Congress than it is in the courts. As will be pointed out later Congress rather than the Supreme Court is tending to become the final arbiter in tax disputes. Problems that were …

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Justice According To Law, By Roscoe Pound, Richard P. Tinkham Jul 1952

Justice According To Law, By Roscoe Pound, Richard P. Tinkham

Indiana Law Journal

No abstract provided.

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The Role Of The Privy Council In Judicial Review Of The Canadian Constitution--A Post-Script, Edward Mcwhinney Jun 1952

The Role Of The Privy Council In Judicial Review Of The Canadian Constitution--A Post-Script, Edward Mcwhinney

Vanderbilt Law Review

In its Preamble, the Constitution of Canada speaks of the desire of the Provinces of Canada to be "federally united into one Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in principle to that of the United Kingdom." Historically, then, the Constitution of Canada like the Constitution of the United States, stems from a compact between a number of different territorial units: the Provinces of Lower Canada (Quebec), Upper Canada (Ontario), and the two eastern maritime Provinces of Nova Scotia and New Brtnswick, joined together in 1867 to form the new …

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The Law Review-Its First Fifty Years, E. Blythe Stason Jun 1952

The Law Review-Its First Fifty Years, E. Blythe Stason

Michigan Law Review

A memorial issue commemorating fifty years of the Michigan Law Review would not be complete without at least a brief glance at some of the historical record.

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Elkouri: How Arbitration Works., Gabriel N. Alexander May 1952

Elkouri: How Arbitration Works., Gabriel N. Alexander

Michigan Law Review

A Review of HOW ARBITRATION WORKS. By Frank Elkouri.

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Our Legal System And How It Operates, By Burke Shartel, Charles Alan Wright Apr 1952

Our Legal System And How It Operates, By Burke Shartel, Charles Alan Wright

Indiana Law Journal

No abstract provided.

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State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover Feb 1952

State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover

Vanderbilt Law Review

The full faith and credit clause of the Constitution' has commonly been regarded as concerned only with the enforcement of foreign judgments between the states of the Union. The numerous cases which have come before the Supreme Court have dealt almost exclusively with the "judicial Proceedings" phrase of the clause, while the words "public Acts" and "Records" have been, for the most part, left untapped as a source of decisional law. It has only been in recent years that the Supreme Court has broadened its approach by applying the full faith and credit clause to the legislative acts of the …

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Reuschlein: Jurisprudence-Its American Prophets., S. I. Shuman Feb 1952