Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Legal History

Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr. Dec 1940

Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.

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 …


Book Review. Scott, J. B., Law, The State And The International Community, Jerome Hall Jan 1940

Book Review. Scott, J. B., Law, The State And The International Community, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


A Lawyer Looks At Liberty, Clarence Emmett Manion Jan 1940

A Lawyer Looks At Liberty, Clarence Emmett Manion

Journal Articles

The Law has been defined as "The Perfection of Human Reason." This, of course, is a highly idealized definition. The Law often falls short of perfect reasonableness. Nevertheless reason and logic constitute the warp and woof of the whole fabric of our jurisprudence. In the strict determination and application of the Law, emotion-the natural enemy of reason-plays not part at all. In the courtroom, oratorical pyrotechnics are seldom permitted to obscure the real points that are at issue in a particular case. The trial of a lawsuit is predicated upon the pleadings and the art of formal pleading is as …