Legal History Commons^™

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

All Faculty Scholarship

No abstract provided.

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

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.

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 …

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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

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

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 …

Unconvicting The Innocent, Richard C. Donnelly

Vanderbilt Law Review

"Innocent Man is Unable to Clear Record after 7 1/2 Years in Prison. Under this headline, the New York Times recently reported the courthouse tragedy of Nathan Kaplan, 49-year-old salesman.' Mr. Kaplan's brush with the law began on September 28, 1937, when the Federal Government indicted him under the name of Nathan Kaplan, alias "Kitty," for the sale of heroin to a government undercover agent. Although he vigorously proclaimed his innocence from the day of his arrest, he did not take the witness stand at his trial. He was represented by able counsel and other due process requirements were fully …

Books Received, Law Review Staff

Vanderbilt Law Review

CHARLES EVANS HUGHES AND THE SUPREME COURT

By Samuel Hendel

New York: King's Crown Press, 1951. Pp. 337

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DUE PROCESSES OF LAW

By Virginia Wood

Baton Rouge: Louisiana State University Press, 1951. Pp. 436. $6.00.

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LEGAL AID IN THE UNITED STATES

By Emery A. Brownell

Rochester: The Lawyers Co-operative Publishing Co., 1951. Pp. 333. $4.50.

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LEVIATHAN AND NATURAL LAW

By F. Lyman Windolph

Princeton: Princeton University Press, 1951. Pp. 147. $2.50.

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OIL AND LAW

Articles reprinted from the Texas Law Review

Austin:Texas Law Review, 1951. Pp. 1736. Bound copies $15.00, unbound copies $12.00.

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PRICE POLICIES …

Historical Development Of Manslaughter, William H. Coldiron

Kentucky Law Journal

No abstract provided.

Book Review. Radzinowicz, L., A History Of English Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Maestro, M. T., Voltaire And Beccaria As Reformers Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Prolegomena To A Science Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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 …

Proposed Legislation For Enforcement Of Prohibition, Thomas Frank Konop

Journal Articles

Under date of November 21st, 1929, the Commission on Law Observance and Enforcement made a preliminary report to the President on observance and enforcement of prohibition. Under subdivision (D) of that report, the Commission offered three methods to relieve the congestion in the Federal Courts. Although the bills are constitutional, they will not relieve congestion. Instead, the will promote fraud and lower citizens' respect for the Federal Judiciary and the Constitution.

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

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;

The Courts Of Judea, Jerome C. Knowlton

Articles

The study of Jewish jurisprudence has become interesting during the past ten years through the efforts of some painstaking scholars, who have not been burdened with any particular dogma, but have been actuated by a true Christian spirit. They have been close students of those portions of the Talmud which throw light on the jurisprudence of the Jews.

Letter Written By Judge David Mcdonald To President Andrew Johnson, David Mcdonald

David McDonald (1842-1853)

Handwritten draft letter written by Judge David McDonald to President Andrew Johnson, dated May 10, 1865. The letter discusses the treason case against William Bowles, Lambdin P. Milligan, and Stephen Horsey. McDonald urges President Johnson to set aside the scheduled execution of the three men until the United States Supreme Court had a chance to review the case. The Supreme Court ultimately set aside the convictions in the case titled Ex parte Milligan.