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Articles 1 - 5 of 5
Full-Text Articles in Legal History
Historic Origins Of Admiralty Jurisdiction In England, Lionel H. Laing
Historic Origins Of Admiralty Jurisdiction In England, Lionel H. Laing
Michigan Law Review
The process of the common law courts when resorted to by foreigners appears to have failed entirely to give redress. Arbitration and other treaties were tried without satisfaction. Finally, in 1337, Edward III found himself obliged to pay out of his own pocket for spoils committed upon Flemish, Genoese and Venetian merchants by his own subjects. This was no international gesture, for it was dictated by necessity, since the English monarch, engaged in a struggle with France, wished to retain the aid of his allies. It thus became urgent to suppress piracy, which was the plague of the Channel.
Precedent In Past And Present Legal Systems, C. Sumner Lobingier
Precedent In Past And Present Legal Systems, C. Sumner Lobingier
Michigan Law Review
The prevailing notion that stare decisis is peculiar to the Anglican Legal System is quite provincial and far from correct. On the contrary, the principle is inherent in every legal system, at least in its primitive stage; for the earliest form of law is custom, and the "core of custom" is precedent, not necessarily judicial, but something quite as authoritative.
Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith
Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith
Michigan Law Review
It will be helpful in appraising labor relations problems of today to recall that unionism in this country has trodden a rough and thorny path over the past century. Unions were not welcomed by employers, worker inertia itself was a considerable obstacle, and by and large the general public was dubious as to the value of unionism. Facing these difficulties unions from the- beginning felt compelled to resort to self-help--the strike, the picket line, the boycott, etc.--to achieve their aims. In so doing they encountered vigorous and successful opposition in the courts, as injured economic interests, and even the government, …
Recent Developments In Patent Law, Arthur M. Smith
Recent Developments In Patent Law, Arthur M. Smith
Michigan Law Review
The framers of the Federal Constitution shared with Thomas Jefferson his "wish to see new inventions encouraged, and old ones brought again info useful notice." Their concern for the public welfare caused many, including Jefferson, to question the wisdom of using a limited monopoly to encourage such inventions.
The Function Of Will Contests, Lewis M. Simes
The Function Of Will Contests, Lewis M. Simes
Michigan Law Review
To anyone steeped in the doctrines of the common law there is something anomalous about the will contest. First, the will is duly admitted to probate in a proceeding which is almost universally conceded to be judicial. Then at a subsequent time a so-called contest is brought by the heir, in which the precise proposition determined on the probate is retried. In most jurisdictions the heir is not bound to make any sort of a showing to entitle him to contest. He need not allege newly discovered evidence. He need not submit any evidence of · fraud or mistake. Indeed, …