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Articles 1501 - 1521 of 1521
Full-Text Articles in Legal History
Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall
Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.
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
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
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 …
Book Review. Pound, R., The Formative Era Of American Law, Jerome Hall
Book Review. Pound, R., The Formative Era Of American Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
A Government Of Laws Or A Government By Men, O R. Mcguire
A Government Of Laws Or A Government By Men, O R. Mcguire
Indiana Law Journal
Address delivered February 5, 1938, in Indianapolis before the Indiana State Bar Association, by 0. R. McGuire, of Washington, D. C., counsel of the comptroller general of the United States, and Chairman of the Special Committee on Administrative Law of the American Bar Association.
NOTE: Cover is mislabeled v.13 no.4 April 1938
How Far Are We Attaining A New Measure Of Values In Twentieth-Century Juristic Thought, Roscoe Pound
How Far Are We Attaining A New Measure Of Values In Twentieth-Century Juristic Thought, Roscoe Pound
West Virginia Law Review
No abstract provided.
In Re Liberty: A Book And Its Critic, Clarence Emmett Manion
In Re Liberty: A Book And Its Critic, Clarence Emmett Manion
Journal Articles
The restrictive craze of American legislators is fast reducing our once virile and individually resourceful population to a race of unthinking automatons. Judicially and otherwise, American liberty and individual competence which is its hand-maid are rapidly being lost. This article discusses the book "Losing Liberty Judicially" by Thomas James Norton and the review of the book by Robert C. Brown.
The Essential Nature Of Law, Hugh Evander Willis
The Essential Nature Of Law, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
The Doctrine Of Sovereignty Under The United States Constitution, Hugh Evander Willis
The Doctrine Of Sovereignty Under The United States Constitution, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
A Definition Of Law, Hugh Evander Willis
A Definition Of Law, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Shrinking Bill Of Rights, Clarence Emmett Manion
Shrinking Bill Of Rights, Clarence Emmett Manion
Journal Articles
The assertion of intrinsic, God given rights correlated with the decline of monarchical power. The United States’ understanding that all men and women are endowed with unalienable rights was a long and hard-fought conclusion. However, this article argues that the Bill of Rights has gradually changed from being the bold guardian of individual liberty originally envisioned. Ironically, this change can be attributed to the courts and the legislature.
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Michigan Law Review
The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Michigan Law Review
What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …
The Constitution And Nationalism, Henry M. Bates
The Constitution And Nationalism, Henry M. Bates
Articles
Dean Bates comments on the alarming trend of nationalism in America: "Blind indeed must he be who supposes that our legal and political institutions can escape profound modification by those great changes in commercial, industrial, political and social conditions which, in part, were caused by the world war, but were greatly intensified by it.... No intelligent person, who has any knowledge of history and of the protection which local government has always given to human freedom, can fail to feel a deep and at times shuddering sense of apprehension at the rapidity with which we are massing our governmental power …
English Judicature Act Of 1873, Willis B. Perkins
English Judicature Act Of 1873, Willis B. Perkins
Michigan Law Review
It seems to be the general impression that reform in judicial procedure is a new and radical thing in the history of jurisprudence. This is far from the fact. It is as old as jurisprudence itself. From Solon to Justinian, from Justinian to the Magna Charta, from the Magna Charta to Bentham, from Bentham to Field, and in every civilized country, radical changes have taken place from time to time, touching both procedure and substantive law. Court systems have been codified, systematized and rearranged to meet advancing and changing social and industrial conditions. From the religious ceremonies, constituting the methods …
Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus
Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus
Articles
PRESIDENT BUTLER of Columbia University is reported to have said in an address before the New York Chamber of Commerce in 1911, that "the limited liability corporation is the greatest single discovery of modem times, whether you judge it by its social, by its ethical, by its industrial, or, in the long run--after we understand it and know how to use it,--by its political, effects." 1
Two Theories In Regard To The Implied Powers Of The Constitution, Margaret Center Klingelsmith
Two Theories In Regard To The Implied Powers Of The Constitution, Margaret Center Klingelsmith
University of Pennsylvania Law Review
No abstract provided.
Materials Of Jurisprudence, James V. Campbell
Materials Of Jurisprudence, James V. Campbell
Articles
This period is marked by rather more strenuous efforts than have been made before in this country, to solve the problem of condensing and simplifying the law. Our own day is peculiar in the endeavors we have seen to evolve what is claimed to be a science of jurisprudence. Some admirable writers have succeeded in dividing the domain of law into its larger or smaller fields, and have shown with more or less fulness the relative positions of these, and their mutual dependence. This is a valuable service; for all lawyers know that, without a reasonably clear perception of the …
Journal Of David Mcdonald, David Mcdonald
Journal Of David Mcdonald, David Mcdonald
Historic Documents
Handwritten journal of David McDonald who is recognized as the first Professor of Law at Indiana University. The journal is undated but contains a transcribed article from the Cincinnati Gazette dated April 17, 1865.
McDonald was born in Millersburg, Kentucky and moved to Indiana when he was 14, in 1817. He eventually became a school teacher in Washington, before meeting a local lawyer who encouraged him to study law. He was licensed to practice in the Circuit Courts in 1830. He served as a member of the Indiana Legislature (1833-34) as well as being elected judge of the 10th Circuit …
Reports Of Cases Adjudged In The Supreme Court Of The Province Of New Brunswick, George F S Berton
Reports Of Cases Adjudged In The Supreme Court Of The Province Of New Brunswick, George F S Berton
Thompson Rare Book Collection
Reports of Cases Adjudged in the Supreme Court of the Province of New Brunswick: Commencing in Hilary Term, 1835, written by George F. S. Berton in 1835 is a 217 page compilation of cases argued and determined in the Supreme Court of New Brunswick. It includes an index and the option to full-text search.
Preface:
At the date of the commencement of these Reports, I was induced by a desire to render service to my professional brethren and the public, to publish the notes, which I had taken only for my own use, of the cases in Hilary, 1835. …