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Articles 31 - 44 of 44
Full-Text Articles in Legal History
The Duty Of Military Defense Counsel To An Accused, Alfred Avins
The Duty Of Military Defense Counsel To An Accused, Alfred Avins
Michigan Law Review
This article is designed to study the manner in which those Canons of Professional Ethics have been assimilated into the administration of military justice and made the standards for the duty of a military defense counsel.
Trial Of Legal Issues In Injunction Against Tort, Edgar N. Durfee
Trial Of Legal Issues In Injunction Against Tort, Edgar N. Durfee
Michigan Law Review
This essay appeared in a casebook on Equitable Remedies that was used for years in mimeographed form at the University of Michigan Law School. It was never prepared for final publication by Professor Durfee himself, but the numerous changes made in his own personal copy indicate that he had given much thought to the subject. Professor John P. Dawson who had collaborated with Professor Durfee has incorporated these changes in the present text. More changes might have been made by Professor Durfee if he had planned to publish it. The editors believe that as it stands it deserves a wider …
Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.
Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.
Michigan Law Review
Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …
Radzinowicz: A History Of English Criminal Law And Its Administration From 1750. Vols. 2 And 3., Jerome H. Hall
Radzinowicz: A History Of English Criminal Law And Its Administration From 1750. Vols. 2 And 3., Jerome H. Hall
Michigan Law Review
A Review of A History of English Criminal Law and Its Administration From 1750. Vols. 2 and 3. By Leon Radzinowicz
Compelling The Testimony Of Political Deviants, O. John Rogge
Compelling The Testimony Of Political Deviants, O. John Rogge
Michigan Law Review
Besides the two specific problems which the new federal act presents, namely, whether it imposes nonjudicial functions on federal courts, and whether it should, does and can protect against the substantial danger of state prosecution, there is a general objection that one can raise against it, and to other acts of the same type: they relate to the area of belief and opinion, the very area which was involved when the English people, spearheaded by the Puritans, engaged in the struggle with the Crown that finally resulted in the establishment of a right of silence. At least if we are …
Compelling The Testimony Of Political Deviants, O. John Rogge
Compelling The Testimony Of Political Deviants, O. John Rogge
Michigan Law Review
At the last term the United States Supreme Court in Ullmann v. United States upheld the constitutionality of paragraph (c) of a federal act of August 1954 which seeks to compel the testimony of communists and other political deviants. Paragraph (c) relates to witnesses before federal courts and grand juries. The Court specifically left open the question of the validity of paragraphs (a) and (b) relating to congressional witnesses. Justice Frankfurter delivered the Court's opinion. Justice Douglas, with the concurrence of Justice Black, wrote a dissent.
It is our purpose to consider the background, history and terms of this compulsory …
Succession By Murderer-Applicability Of Constructive Trust
Succession By Murderer-Applicability Of Constructive Trust
Michigan Law Review
There do not seem to have been any decided cases in the early common law on the question whether a murderer could succeed to the title to property left by his victim, or derive any benefit from his crime. By the civil law the legal title passed to the criminal, and was afterwards confiscated by the state. What may be said to be the modem rule is not so definitely determined, The numerical majority of cases, beginning with the first case to be decided on the exact question in 1888, have held that he could not succeed. But the decisions …
A Monument To The American Sense Of Justice, Wade Millis
A Monument To The American Sense Of Justice, Wade Millis
Michigan Law Review
In this national anniversary year of profound memories we meet in a garden spot of Michigan within the boundaries of a county that possesses high distinction in being the theatre of important historical events and the home of many who have been notable for their achievements in the profession of the law and in the broad fields of statesmanship.
Appeal Of Death
Michigan Law Review
A note from Mr. Justice Riddell says: "In my paper, 'Appeal of Death and Its Abolition.' 24 MICH. L. REV. (June, 1926) at p. 793, it is said, 'when the widow was Appellor, the issue was tried by a jury because a woman could not fight.' While this was generally true, the statement indicating universality was made per incuriam of course, the trial was sicut curia consideraverit; and sometimes Battel was awarded in the case of a woman-appellor.
Appeal Of Death And Its Abolition, William Renwick Riddell
Appeal Of Death And Its Abolition, William Renwick Riddell
Michigan Law Review
The Appeal of Death-or, as it is sometimes called, the Appeal of Murder, because it was generally invoked in cases of murder although cases of manslaughter were also within its scope-was an interesting survival of ancient law which continued its existence in England until a little more than a century ago, and which, when it fell, brought down a mass of crumbling and antiquated rubbish, which served no good purpose and might-sometimes did-do harm.
Mild Punishments, Robert Mcmurdy
Mild Punishments, Robert Mcmurdy
Michigan Law Review
If life, freedom, or hope be taken from man, he is ashes. Therefore we ought not to take away any of them lightly. But some, restraint or punishment is necessary. We often miss our aim, however,'by prescribing punishments that are too severe, whereupon human nature revolts, so that it is "impossible to combine certainty with severity," a lesson we have long since learned from the experience of England.
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Law School-Changes in the Faculty--Readjustment of Courses of Study; Sir Frederick Pollock's Visit to Michigan; The Second Lecture--The Scales of Justice; The Development of Criminal Law; The Law of Reason; Corporations--railroads--Stockholding Corporations--Combinations in Restraint of Trade and Commerce--consolidation of Parallel and Competing Lines; Constitutional law--Classification--Limit of Judicial Construction;