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

Legal History Commons

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

Articles 1 - 6 of 6

Full-Text Articles in Legal History

The Summary Power To Punish For Contempt, Walter Nelles Jan 1931

The Summary Power To Punish For Contempt, Walter Nelles

Faculty Scholarship Series

In the past three quarters of a century there have been many signs
that the power to punish summarily for contempt of court is encroaching
upon the once sacred "right" of trial by jury in criminal cases :-e.g.,
summary punishments for crimes affecting receiverships;1 the labor
injunction, which, though it is a main subject of my interest, will receive
only casual further mention here; various other instances where,
in form, the question is rather as to scope of chancery power to enjoin
than as to the scope of the contempt power;la and finally a small but
growing ...


Legal Planning Of Petroleum Production, J. Howard Marshall, Norman L. Meyers Jan 1931

Legal Planning Of Petroleum Production, J. Howard Marshall, Norman L. Meyers

Faculty Scholarship Series

THE heroics of Governor Murray in calling out the troops to close
the oil wells of Oklahoma until such time as purchasers would pay
one dollar a barrel has dramatized the acute problem of low
prices and overproduction which has haunted the petroleum industry
in the past few years. The competitive exploitation of oil
lands has resulted not only in dissipating huge quantities of both
oil and gas through the wasteful rush to market but also in diminishing
profits through the production of oil and gas in excess of
current demands. It has become imperative that the financial
losses of ...


Judicially Non-Enforcible Provisions Of Constitutions, Walter F. Dodd Jan 1931

Judicially Non-Enforcible Provisions Of Constitutions, Walter F. Dodd

Faculty Scholarship Series

In the constitutional law of the United States there is a natural tendency
to emphasize the judicial enforcibility of constitutional restrictions upon
legislative action. This field of our law tends thus to give primary weight
to a technical analysis of judicial decisions, at the expense of a consideration
of the wisdom and expediency of legislative and executive action.
Moreover, it largely overlooks a relatively large field of constitutional regulation
not supplemented by judicial enforcibility. We often compare to our
advantage the system of judicially enforcible constitutions with that of
many other countries in which written constitutions are not judicially enforcible ...


The First American Labor Case, Walter Nelles Jan 1931

The First American Labor Case, Walter Nelles

Faculty Scholarship Series

THE yeast which was to raise the labor injunction was working
vigorously in 1877.1 But some of its earlier ferments are also
informing to the student of the subsequent product. Before 1877
there had not, in this country, been many instances of resort to
the courts in labor troubles.2 To contemporary observation they
may have seemed to affect the lives and fortunes of employers
and workmen only locally and for brief periods. But their
existence as history has had effect upon modern law. The chemistry
of the forces which pressed upon the courts in labor cases--
hopes, desires ...


Judicial Organization And Procedure, Walter F. Dodd Jan 1931

Judicial Organization And Procedure, Walter F. Dodd

Faculty Scholarship Series

Felony Trials Without a Jury. Recent crime surveys have shown
that the majority of contested felony cases are never tried in open court,
being settled instead by the striking of a "bargain" between the defendant
and the prosecuting officer. Administrative discretion has thus
largely supplanted judge and jury alike. The practice has been severely
criticized by Professor Moley, who characterizes it as "psychologically
more akin to a game of poker than to a process of justice," being
"an attempt to get as much as possible from an unwilling giver"
rather than "a search for truth."' In view of the technicalities ...


A Strike And Its Legal Consequences -- An Examination Of The Receivership Precedent For The Labor Injunction, Walter Nelles Jan 1931

A Strike And Its Legal Consequences -- An Examination Of The Receivership Precedent For The Labor Injunction, Walter Nelles

Faculty Scholarship Series

THE study from which this paper proceeds is an attempt to
understand the labor injunction in the light of its comparatively
brief history.
The questions of labor law are indissociable from the question
of what Madison called "the most difficult of all political
arrangements"-that of so adjusting the conflicting claims of
those with and those without property "as to give security to
each and to promote the welfare of all." To deal with them
on the basis only of what is contained in law books is to miss
many factors which have influenced the judgments both of courts
and ...