Legal History Commons^™

Law Enforcement In Colonial New York: A Review, Albert J. Harno

Michigan Law Review

This book is a landmark in American legal history. Legal scholars have long lamented the fact that there was no authoritative work on colonial law. Historians have, to be sure, taken excursions into the field, but for the most part this, until the study here reviewed, was virgin territory. The undertaking called for more than the gifts of a historian. It demanded the talents and insight of a legal historian. The authors are legal historians. Professor Goebel particularly is a well-known figure in the field of legal history. The study covers a limited field; it is restricted to criminal procedure …

The Place Of Trial Of Criminal Cases: Constitutional Vicinage And Venue, William Wirt Blume

Michigan Law Review

In 1909 one Henry G. Connor, presumably Mr. Justice Connor of the Supreme Court of North Carolina, published in the Pennsylvania Law Review an article entitled "The Constitutional Right to a Trial by a Jury of the Vicinage." The question discussed was: May a state constitutionally provide by statute that a crime be tried in a county other than that in which it was committed? Or, putting the question in terms of vicinage as distinguished from venue, may a state constitutionally provide by statute that a crime be tried by jurors summoned from a county other than the county …

The Function Of The States, William B. Cudlip

Michigan Law Review

For the second time in this century, thoughtful men are studying plans for the stabilization of a post-war world, determined to devise a pattern of peace which shall embody new moral and economic standards and the highest ideals of human liberty, intent on fashioning a design for living under which the nations of the world may find freedom, justice, dignity, and prosperity. In this high adventure the United States has a full role to play, for, without our interest and cooperation, there can be no enduring compact. But, important as this quest may be, another task of at least equal …

Fortescue's De Laudibus: A Review, Max Radin

Michigan Law Review

In this opus perfectissimum, Dr. Chrimes, whose book, English Constitutional Ideas in the Fifteenth Century, marks him as the man best fitted for the task, has filled one of the gaps which existed in the scientific examination of the sources of English law. We have Mr. Nicholl's Britton and Professor Woodbine's Glanvil and his still unfinished Bracton, Mr. Ogg's edition of Selden's Dissertatio, and the Hughes-Crump-Johnson edition of The Dialogue on the Exchequer. All these are admirable. There are left only St. Germain and Fleta, both of which cry aloud for an editor of the quality …

The Organization Of The Probate Court In America: I, Lewis M. Simes, Paul E. Basye

Michigan Law Review

This is a study of contemporary American legislation concerning probate courts, with particular reference to their jurisdiction over the probate of wills and the administration of estates of deceased persons.

By the term "probate courts" is meant all judicial tribunals which exercise such jurisdiction. As will subsequently appear, they are otherwise variously designated as surrogates' courts, orphans' courts, prerogative courts, courts of ordinary and county courts. In one state all the functions of probate and administration are exercised by courts of chancery. In other states, chancery has concurrent jurisdiction over many of these functions. Sometimes the register of probate exercises …

Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin

Michigan Law Review

A policy of judicial avoidance, otherwise referred to as "judicial restraint," has clearly been the dominant trend in the United States Supreme Court since Mr. Justice Holmes began to sit upon that bench at the beginning of this century. There has been an inclination to explain this change as revealing a tendency of the Court to follow a policy of laissez-faire toward the legislative and executive departments, and to stop at this formalistic explanation of this important aspect of the judicial function. The Court's increasing awareness of its own lack of technical competence in dealing with the many complex governmental …