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Courts In The Philippines Old New, David Cecil Johnson

Michigan Law Review

Administration of justice, involving the settlement of disputes and the punishment of crime, is and always has been a vital function of government; in fact, it might well be said to be the basis of all orderly government. The experiment in government which was begun by the American people when they separated themselves from the domination of England reached a new stage in its development when Admiral Dewey was victorious in Manila Bay on May i, 1898. It is perhaps impossible to determine at this time whether this new stage is to result in an attempt at colonization or in …

Civil Law And The Common Law A World Survey, R W. Lee

Michigan Law Review

In universities and other seats of learning, where men devote themselves to the pursuit of truth, certain great events or movements in the world's history claim attention as essentially and always proper subjects of investigation. Whatever the future may bring, we can hardly suppose a time when the art of Greece, the literature of England, the religions of the East will not be studied. Nor before an assembly of lawyers is it necessary to urge the claims of a great system of law as a subject which may well engage the amplest resources of the human intellect. For many centuries …

The Laws Of Jamaica, 1915, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1915

Published by authority

Recurso De Inconstitucionalidad, Angel C. Betancourt

Cuban Law

Esta obra contiene la Ley de 31 de marzo de 1903 y anotaciones a la misma, seguidas de una exposición, por orden alfabético, de las doctrinas declaradas por el Tribunal Supremo en pleno, hasta el año de 1912 inclusive, al decidir los recursos autorizados por dicha ley, -- redactadas unas y otras --

A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster

Articles

In these times when we see combinations of employers co-operating under trade agreements with combinations of employees to conduct immense industries, we are apt to forget the remarkable development of ideas concerning industrial economy that has occurred within a life-time. It was only eighty years ago that the merchants of Boston met to discountenance and check what were then regarded as unlawful combinations of workmen formed to protest against the long work day, low wages, and oppressive rules of their masters. The sum of $20,000 was raised at this meeting of merchants and ship owners to fight the movement for …

The Inefficiency Of The American Jury, Edson R. Sunderland

Articles

What is proposed in the present article is to show that in attempting to preserve the independence of the jury in its exclusive juris- diction over questions of fact, the people and the courts in most American jurisdictions have departed from the common law practice and have introduced a principle calculated to undermine the very institution which they wish to strengthen. That is to say, through the rules prohibiting judges from commenting on the weight of the evidence, juries tend to become irresponsible, verdicts tend to become matters of chance, and the intricacy of procedure, with its cost, delay and …

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

I cannot cover this part of the subject better than by quoting literally: "There are two classes of practitioners, barristers and solicitors. A lawyer must belong to one; most belong to both. The barrister alone can conduct a case at trial; the solicitor alone files pleadings."

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

The progress made in England under the Judicature Acts of 1873 and 1875, with occasional revisions of procedure, has a deep interest for the American lawyer in search of judicial efficiency. In recent years a number of our lawyers have studied the English courts at first hand and upon their return have spread the news of great accomplishments in the home of the common law. These enthusiastic reports have been subjected to incisive criticism, so that controversy has arisen, and it has been difficult to determine to what extent inference from undoubted facts would apply to our own unsettled conditions. …

Ordinances, Orders-In-Council, Rules, Regulations And Proclamations,1913, Saint Vincent

Saint Vincent

J. Hayes Sadler, Governor;

G. Gideon Murray, Administrator;

Edward Drayton, Acting Governor

The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland

Articles

Procedure is merely the means of co-ordinating effort, of harmonizing differences, of offering every one equality of opportunity in offense and defense before the law. Without it there would be confusion, favoritism, and injustice. If the subject were viewed in this fundamental way, and were studied conscientiously as an incident and aid to the development and determination of the merits of controversies, the criticisms now so fiercely directed against it would largely disappear. In its use it is indispensable, in its abuse only does it cause trouble. A professional conscience to curb that abuse, and professional learning and skill to …

Note And Comment, Joseph J. Kennedy, Samuel H. Morris, Burke W. Shartel, George S. Burgess

Michigan Law Review

Attendance at the Law School; An Extreme Case in the Application of the Safety Appliance Act; Advisory Opinions; Refusal of Specific Performance Where Subsequent Unexpected Events Render it Inequitable; Is Vasectomy a Cruel Punishment

Ordinances, 1912, Trinidad And Tobago

Trinidad and Tobago

George R. Le Hunte, Governor

S. W. Knaggs, Acting Governor

The Laws Of Jamaica, 1912, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1912

Published by authority

The Laws Of Jamaica, 1912, Supplementary Volume, Jamaica

Jamaica

The Laws of Jamaica Supplementary Volume passed in the year 1912

Published by authority

Public Regulation Of Water Power In The United States And Europe, John A. Fairlie

Michigan Law Review

The law of water rights in the United States has been for the most part regulated by the several states, subject, however, to the power of Congress to regulate interstate and foreign commerce, (which includes the control of navigation and of navigable streams in the interest of commerce) and to the control of the United States over waters on public lands and rivers on the international boundaries. The laws of the several states show considerable variation; but in respect to the use of water power, they have until within a few years been based mainly on the protection of private …

The Practice Of Law In Quebec Province, Canada, Howard S. Ross

Michigan Law Review

There are not more than one hundred and forty practicing English lawyers in the whole Province but they practically all read French and the greater number speak French sufficiently well to conduct business or examine a witness in Court. Lawyers from the other Provinces seldom seek admission to the Quebec Bar unless they are prepared to specialize in some branch of law in which they have gained a national reputation, or enter some established firm. Lawyers of other Provinces seeking to become members of the Quebec Bar are asked to pass an oral examination on the Statute Law of the …

The Laws Of Jamaica, 1910, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1910

Published by authority

The Laws Of Jamaica, 1909, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1909

Published by authority

Some Leading Principles Of Chinese Law, Gustavus Ohlinger

Michigan Law Review

It has frequently been remarked that of all nations, China approaches most nearly the Jeffersonian ideal in being the least governed. To a greater extent than any other people, the Chinese manage their own affairs. The usages of trade are defined by the various commercial guilds-organizations which have acquired a prestige and influence without parallel in any other country. Commercial disputes are submitted to these bodies and by them are settled promptly, finally, and usually satisfactorily. Matters of currency and exchange are determined by the powerful bankers' guild. Physicians, fortune-tellers, geomancers and even mendicants, have their organizations through which the …

Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner

Articles

"The existence and the alteration of human institutions," says DICEY, "must in a sense, always and everywhere depend upon the beliefs or feelings, or, in other words, upon the opinion of the society in which such institutions flourish."1 Undoubtedly, law, as much as any other human institution, has felt this influence of public opinion. The political, economical and ethical ideals of a people find expression in their laws. True it is that public opinion is usually, if not always, in the lead, but in a truly happy and contented society the distance is never great. As MAINE says, in progressive …

The Laws Of Jamaica, 1908, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1908

Published by authority

English Law As An Exponent Of English History, Edson R. Sunderland

Articles

It is not my purpose to unduly emphasize the light which the study of the laws of a people throws upon its character and development. The teaching of history should be broad enough to recognize the importance of all sides of national life. But I believe there has never been a sufficient appreciation of the real wealth of suggestive and illuminating material which is contained in the history of English law. For the English have been pre-eminently a legal race. In the study of Roman History Roman Law has always occupied a prominent place. The Romans made their reputation, so …

Limited Partnership In America And England, Francis M. Burdick

Michigan Law Review

At last Great Britain has legalized Limited Partnership. More than a quarter of a century ago, Sir Frederick Pollock called attention to the fact that the United Kingdom was almost the only civilized country of the world which had not adopted this institution. The remark was made in an address devoted to an explanation of a bill, which he had drafted, to cover the entire subject of partnership. Long before this, the economical advantages of limited partnership had been set forth by John Stuart Mill and other writers; and repeated attempts had been made to secure a statute legalizing this …

Roman Law And Mohammedan Jurisprudence, Part 3, Theodore P. Ion

Michigan Law Review

After having, in a summary manner, reviewed the historical connection existing between the Roman and Mohammedan laws, and examined the social condition of their respective people, we now come to our last theme, namely, the comparison of their laws proper, which will show their similarity in more than one point. This examination-which will be preceded by an explanation of jurisprudence in both systems and an attempt to show the likeness of their respective jurisconsults-will be limited to certain subjects of personal law and contracts, and concluded with a few observations on judicial organization.

Jurisprudencia Del Tribunal Supremo, V.6, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: en materia criminal. Primer semestre de 1901. Volumen Sexto.

Jurisprudencia Del Tribunal Supremo, V.7, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: en materia criminal. Segundo semestre de 1901. Volumen Séptimo.

Jurisprudencia Del Tribunal Supremo, V.2, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: en materia criminal. Primer semestre de 1900. Volumen Segundo.

Jurisprudencia Del Tribunal Supremo, V.1, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: desde su organización hasta 31 de diciembre de 1899. Volumen Primero.

Jurisprudencia Del Tribunal Supremo, V.3, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo. En materia criminal: segundo semestre de 1900. Volumen Tercero.

Roman Law And Mohammedan Jurisprudence, Part 2, Theodore P. Ion

Michigan Law Review

In examining the early life of the Romans and comparing it with the social condition of the people of the Arabian peninsula in the pre-Islamic times, who are rightly considered the best type of the race, amongst those who embraced the faith of Mohammed, we are immediately struck with the great similarity that existed between the Roman gens; or the Greek ϒένος; and the Arabian Akila, though it cannot thereby be concluded that this likeness necessarily denotes a descent from the same stock. A distinguished French orientalist, in observing this striking similarity, ventured to conjecture that both …