Digital Commons Network^™

The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar

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 …

The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar

Michigan Law Review

That every judicial judgment, whatever its character, consists of premises and conclusion is a fact sufficiently obvious. In our system, especially, expression of the premises must very often be sought outside the actual judgment-order and collected from other parts of the judicial record or even from evidence aliunde of what took place at the hearing. But the legal nature of the relation between premises and conclusion is independent of the particular structure of the record and the mode of ascertaining what those premises were. Given satisfaction of the requirements of the law with respect to identity of parties, it is …

The Codification Of The French Customs, John P. Dawson

Michigan Law Review

A renewed attack on central problems of English legal history can gain fresh perspective from the history of French law. France and England entered the later middle ages with a common fund of legal and political institutions. Much of the area that was to be included in modern France was united with England under a common sovereign; political institutions were shaped by the same basic forces into similar forms of feudal organization; private law was largely composed of unformulated popular custom, remarkably similar even in detail. As early as the thirteenth century the tendencies toward divergence, both in law and …

Dicey's Law Of The Constitution: A Review, William A. Robson

Michigan Law Review

The first edition of this celebrated work appeared in 1885; and such was its vogue until ten or fifteen years ago that there is scarcely anyone over thirty-five years of age who studied law, politics or constitutional history at a university or professional law school in England and the British Dominions who was not "brought up" on Dicey. "Dicey on the Constitution" was regarded for generations not merely as a perfect, accurate and comprehensive statement of the principles of the British system of government; but also as a reliable explanation of its superior virtues and liberties. The book attained an …

Regulation Of Labor Unions And Labor Disputes In France, Rudolf B. Sobernheim, V. Henry Rothschild 2nd

Michigan Law Review

In a study of British labor, Andre Philip contrasted what he termed "le Trade Unionisme'' of England with les syndicats professionels of France. So foreign did he deem the British concept of trade unionism to his French readers that, in speaking of British trade unions, he preferred not to use the French term.

German Social Honor Courts, Harlow J. Heneman

Michigan Law Review

Germany's National Socialist regime has prided itself on its ability to maintain peaceful employer-employee relations at a time when other countries of the world are seriously troubled by industrial disturbances. The German government has actively intervened to see that neither employers nor workers overstep bounds set for them by Nazi social and economic policies. Dr. Robert Ley, head of the German Labor Front, has said that the government owes its success in this field to measures that are a "healthy combination of freedom and compulsion." Since Hitler's advent to power, the former organizations of both employers and employees have largely …

Civil Procedure In The Province Of Quebec, J. Armitage Ewing, K. C.

Indiana Law Journal

Address of Hon. J. Armitage Ewing, K. C., of the Montreal, Canada, Bar, at the Annual Meeting of the Indiana State Bar Association, September 16, 1938.

Restricted Testation In New Zealand, Australia And Canada, Joseph Dainow

Michigan Law Review

One of the long accepted differences between the common law and the civil law has been the freedom of testamentary disposition of the former as contrasted with the limitations of the latter. Thus, while the continental testator was limited in the amount of property that he could leave away from the members of his immediate family, the Englishman could cut them all off without a penny. In other common-law countries the same liberty was continued; but recent years have witnessed important departures.

Corporate Nationality And The Neutrality Law, Paul Weidenbaum

Michigan Law Review

Even a superficial reading of the neutrality law indicates that certain problems of corporate entity and nationality are of utmost importance for its future working. This act seeks to give protection from certain real or assumed dangers. The problem arises whether such purpose cannot be wholly frustrated by the simple means and ways afforded by incorporation. This problem has never been hidden.

The Laws Of Jamaica, 1937, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1937

Published by authority

The Liverpool Tractate, An Eighteenth Century Manual On The Procedure Of The House Of Commons, Carl M. Frasure

West Virginia Law Review

No abstract provided.

The Theory And Practice Of Pre-Trial Procedure, Edson R. Sunderland

Michigan Law Review

Pre-trial civil procedure under the English common-law system consisted only of pleading. Whatever the rules of pleading could accomplish in the way of defining and restricting issues contributed to the efficiency of the trial. What could not be done by the rules of pleading could not be done at all.

The great weakness of pleading as a means for developing and presenting issues of fact for trial lay in its total lack of any means for testing the factual basis for the pleader's allegations and denials. They might rest upon the soundest evidence, or they might rest upon nothing at …

A Comparison Of Executive And Judicial Powers Under The Constitutions Of Argentina And The United States, Alexander W. Weddell

James Goold Cutler Lecture

No abstract provided.

Conditional Wills, Alvin E. Evans

Michigan Law Review

The discovery of what the language of a testator means is a constant duty of the courts. The task in the case of wills conditional in form frequently is to inquire whether the conditional language is merely formal and used by way of inducement or is intended to be taken literally. Clear cut and uniformly dependable tests as guides to such inquiry do not exist.

The Doctrine Of Stare Decisis In British Courts Of Last Resort, John A. Fairlie

Michigan Law Review

The House of Lords and the Judicial Committee of the Privy Council are both British courts of last resort. The House of Lords is the final court for the United Kingdom and reviews cases from the English Court of Appeals and equivalent courts of Scotland and Northern Ireland; the Judicial Committee hears appeals of cases from the colonies and dominions and ecclesiastical cases.

Readers of Professor Gray's lectures on The Nature and Sources of the Law are aware of the distinction he notes between the attitude of the British House of Lords, on the one hand, and the Judicial Committee …

Basic Monetary Conceptions In Law, Arthur Nussbaum

Michigan Law Review

While in various periods of American legal history American courts have been confronted with problems of a monetary character, the importance and multiplicity of these questions have never been more strongly felt than within the last few years, and there is certainly no indication that this situation will change in the near future. The jural difficulties arising from monetary troubles are unusual, not only because of their financial and social implications, but also because of their theoretical intricacies. No wonder, therefore, that arguments advanced by courts in cases of a monetary nature are very often highly unsatisfactory. Again and again, …

Attorney And Client - Unlawful Practice Before Industrial Commission In Workmen's Compensation Proceedings, Charles R. Moon Jr.

Michigan Law Review

In forty-four states of the Union and in Alaska, Porto Rico, Hawaii, and the Philippine Islands there are workmen's compensation acts. A great majority of these acts provide for a board or commission to settle all disputes as to compensation. Practice before these boards and commissions has become a large share of the business of many lawyers and of many law firms. To them, in particular, and to the legal profession, in general, the question raised in the recent case of Goodman v. Beall is of considerable interest. In this case, suit was brought by a committee of the Ohio …

The Laws Of Jamaica, 1935, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1935

Published by authority

The Federal Control Of State Employees In Australia, Eric Armour Beecroft

West Virginia Law Review

No abstract provided.

International Law-Expatriation-Citizenship Of Child Lost By Removal And Expatriation Of Father

Michigan Law Review

Petitioner, a native-born American woman, was taken to Canada by her father who became naturalized there while she was still a minor. Petitioner later married a British subject and seeks naturalization here under a statute authorizing this to American women who have lost their citizenship through marriage to an alien. A treaty in force between the United States and Great Britain provided that persons naturalized according to Canadian law should lose American citizenship. The Canadian statute provided that if the father became naturalized, his minor children should, "within Canada," be deemed Canadian subjects. Held, that petitioner had not lost her …

The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe

Michigan Law Review

For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.

The Control Of Industry In A Federal System: A Chapter In Australian Constitutional Development, Eric Armour Beecroft

West Virginia Law Review

No abstract provided.

The English Rule As To Liability For Unintended Consequences, George C. Tilley

Michigan Law Review

The question how far a defendant is liable in tort for the unintended consequences of his wrongful act, generally supposed to have been settled for England by the case of In re Polemis and Furness, Withy & Co., Ltd., has recently been reopened by the House of Lords decision in the case of Liesbosch Dredger v. S. S. Edison. Defendants, owners of the Edison, negligently sank the plaintiffs' dredger Liesbosch while the latter was being used by the plaintiffs in performance of a profitable contract to construct a harbor at Patras, Greece. There was evidence that, …

The Judicial Review Of Statutes In Continental Europe, Max Radin

West Virginia Law Review

No abstract provided.

The Laws Of Jamaica, 1934, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1934

Published by authority

Mexican Mercantile Organizations Under The New Law, Joseph M. Cormack, Frederick F. Barker

Faculty Publications

No abstract provided.

Dissolution Of The British Parliament 1832-1931, Kemble White

West Virginia Law Review

No abstract provided.

Notes On Courts Of Record In England, S. E. Thorne

West Virginia Law Review

No abstract provided.

Constitutional Law - Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold

Michigan Law Review

Certain Belgium company bonds were issued providing for payment of interest "in sterling in gold coin of the United Kingdom of or equal to the weight and fineness existing on September 1, 1928." After England had left the gold: standard the issuing company sought to make interest payments in depreciated pounds. Plaintiff bondholder sought to enforce payment of sufficient depreciated currency to enable him to purchase on the day of payment gold in the same quantity as he would have received had payment been due September 1, 1928. The English House of Lords held for plaintiff, reversing the decision of …

Mexican Civil Organizations Under The New Code, Joseph M. Cormack, Frederick F. Barker

Faculty Publications

No abstract provided.