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

Digital Commons Network™

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

Courts

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 11761 - 11790 of 12608

Full-Text Articles in Entire DC Network

Improper Venue Under The Federal Employers' Liability Act Mar 1942

Improper Venue Under The Federal Employers' Liability Act

Washington and Lee Law Review

No abstract provided.


Italian Administrative Courts Under Fascism, Paul B. Rava Mar 1942

Italian Administrative Courts Under Fascism, Paul B. Rava

Michigan Law Review

Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …


Transactions Of The Supreme Court Of The Territory Of Michigan: A Review, Francis S. Philbrick Mar 1942

Transactions Of The Supreme Court Of The Territory Of Michigan: A Review, Francis S. Philbrick

Michigan Law Review

Of the colonial documents that record the legal origins of our original states, those of Maryland have been published in relatively generous but still inadequate number, while collections for other states are still scantier. A sampling is all that a multiplicity of destructive agents have left us as a possibility. The hope, however, has recently become permissible that an awakened interest among lawyers may secure us, for publication, an expert sampling in place of that made by fire, vermin, mould, and official neglect in leaving us the records still surviving, and that lawyers may also give us proper editions of …


Appellate Court Articulation Of General Standards Of Conduct: Effective Guidance Versus Impotent Verbalism, Arthur W. Phelps Mar 1942

Appellate Court Articulation Of General Standards Of Conduct: Effective Guidance Versus Impotent Verbalism, Arthur W. Phelps

Faculty Publications

No abstract provided.


The Need For A Judicial Council In Tennessee, John J. Hooker Feb 1942

The Need For A Judicial Council In Tennessee, John J. Hooker

Tennessee Law Review

No abstract provided.


Shall The Supreme Court Of Tennessee Be Given The Power To Regulate By Rules Of Court All Evidence And Procedure? Yes, William H. Wicker Feb 1942

Shall The Supreme Court Of Tennessee Be Given The Power To Regulate By Rules Of Court All Evidence And Procedure? Yes, William H. Wicker

Tennessee Law Review

No abstract provided.


Suggested Changes In Appellate Procedures, W. Armstrong Hunter Feb 1942

Suggested Changes In Appellate Procedures, W. Armstrong Hunter

Tennessee Law Review

No abstract provided.


Proceedings Of The Law Institute On Shall Tennessee Procedure Be Reformed? Feb 1942

Proceedings Of The Law Institute On Shall Tennessee Procedure Be Reformed?

Tennessee Law Review

No abstract provided.


Students Section - Notes And Recent Cases Feb 1942

Students Section - Notes And Recent Cases

Tennessee Law Review

No abstract provided.


Judicial Council And Judicial Statistics, Roscoe Pound Feb 1942

Judicial Council And Judicial Statistics, Roscoe Pound

Tennessee Law Review

No abstract provided.


Shall The Supreme Court Of Tennessee Be Given The Power To Regulate By Rules Of Court All Evidence And Procedure, Earl King Feb 1942

Shall The Supreme Court Of Tennessee Be Given The Power To Regulate By Rules Of Court All Evidence And Procedure, Earl King

Tennessee Law Review

No abstract provided.


Suggested Changes In Jury Trials, Emmett W. Braden Feb 1942

Suggested Changes In Jury Trials, Emmett W. Braden

Tennessee Law Review

No abstract provided.


Book Reviews Feb 1942

Book Reviews

Tennessee Law Review

No abstract provided.


Managing The Business Of The Courts, Harry Scherr Jr. Feb 1942

Managing The Business Of The Courts, Harry Scherr Jr.

West Virginia Law Review

No abstract provided.


Proceedings Of The Sixty-First Annual Session Of The Bar Association Of Tennessee Jan 1942

Proceedings Of The Sixty-First Annual Session Of The Bar Association Of Tennessee

Tennessee Law Review

No abstract provided.


Law In The War Effort, Francis Biddle Jan 1942

Law In The War Effort, Francis Biddle

Tennessee Law Review

No abstract provided.


The Responsibility Of American Women In World Leadership, Mrs. Patrick Hurley Jan 1942

The Responsibility Of American Women In World Leadership, Mrs. Patrick Hurley

Tennessee Law Review

No abstract provided.


America In A War Economy, James Scott Kemper Jan 1942

America In A War Economy, James Scott Kemper

Tennessee Law Review

No abstract provided.


A Worm's Eye View Of The Convention, W. E. Wilkerson Jan 1942

A Worm's Eye View Of The Convention, W. E. Wilkerson

Tennessee Law Review

No abstract provided.


Review Of Administrative Acts : A Comparative Study Of The Doctrine Of The Separation Of Powers And Judicial Review In France And The United States, Armin Uhler Jan 1942

Review Of Administrative Acts : A Comparative Study Of The Doctrine Of The Separation Of Powers And Judicial Review In France And The United States, Armin Uhler

Michigan Legal Studies Series

The present study was originally inspired by the widespread interest in the doctrine of the separation of powers stimulated by current discussions of vital problems of administrative law. Frequent reference to this doctrine occurs especially in recent legal literature concerned with the relation between the administrative and judicial departments of government. Particular mention may be made of the attention which has been given the doctrine by the Special Committee on Administrative Law of the American Bar Association. However, the allusions to the doctrine in these discussions to prevalent separation of powers in the organization of government have not always been …


The Federal Trade Commission And The Courts [Part 1], Vern Countryman Jan 1942

The Federal Trade Commission And The Courts [Part 1], Vern Countryman

Washington Law Review

But a majority of Congress had a still different idea as to what was needed. In their view, the Federal Trade Commission was to have positive powers for the enforcement of new legislation designed to supplement the existing law, in addition to the powers of investigation and publicity contemplated by the President. Accordingly, the plans of the industrial leaders were rejected, as apparently was Mr. William Howard Taft's assurance that the courts were quite capable of handling the entire matter under the Sherman Act, and in 1914 Congress enacted the Federal Trade Commission Act," creating a five-man commission with power …


Parties To Administrative Proceedings, Paul Oberst Jan 1942

Parties To Administrative Proceedings, Paul Oberst

Michigan Law Review

It is the purpose of this article to examine the statutory provisions, and the regulations and practices of the federal agencies, dealing with the rights of third persons, along with the relevant judicial decisions. The rights of third persons to notice, to participation in the hearing, and to appeal will be considered in turn. In general, the ultimate purposes of an administrative hearing are to inform the agency, to serve as a check upon arbitrary action, and to enable the individuals who will be affected by the decision to confront their opponents and to present their case in its best …


Pensions For Members Of The Court Of Appeals, John H. Clarke Jr. Jan 1942

Pensions For Members Of The Court Of Appeals, John H. Clarke Jr.

Kentucky Law Journal

No abstract provided.


The Courts And Early Bar Of Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald Jan 1942

The Courts And Early Bar Of Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald

Articles

Territorial justice in Washington had its roots in the judicial system of Oregon Territory, where the need for the administration of law and order was the motivating force which initiated the formation of civil authority The administration of justice, like the civil authority, must expand as the population grows and as the territorial area becomes larger and better organized. Strong men are always needed in the administration of justice; but in the frontier settlement where law and order are often flouted with impunity, even stronger men are needed if the courts are to command the respect which is their due. …


Tendencies In American Constitutional Law, Hugh Evander Willis Jan 1942

Tendencies In American Constitutional Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Procedure - Voluntary Communication To Grand Jury As Contempt, James K. Lindsay Dec 1941

Criminal Law And Procedure - Voluntary Communication To Grand Jury As Contempt, James K. Lindsay

Michigan Law Review

Defendant wrote two letters to the grand jury, then in session, asking leave to appear before it to present evidence of a conspiracy, described therein in highly inflammatory language, between a newspaper, the county assessor and the state's attorney to defraud the state of many millions of revenue by the illegal omission of the newspaper's personal property from the county tax rolls. The state's attorney filed an information incorporating these letters. The trial court found that defendant was guilty of criminal contempt. On appeal, defendant contended that this conviction deprived him of his constitutional right of free speech. Held, …


Federal Courts - Federal Rules Of Civil Procedure - Statutes Of Limitations - Commencement Of Action, Harry M. Nayer Dec 1941

Federal Courts - Federal Rules Of Civil Procedure - Statutes Of Limitations - Commencement Of Action, Harry M. Nayer

Michigan Law Review

Plaintiff brought suit on some promissory notes in the federal district court in Michigan. The complaint was filed before the expiration of the six-year Michigan statute of limitations, but although the plaintiff used due diligence he was unable to get personal service on defendant until the statutory period had elapsed. Defendant pleaded the statute of limitations. Both the Michigan and the federal procedures provide that "a civil action is commenced by filing a complaint with the court." Held, that the filing of the complaint tolled the running of the statute and the plaintiff should therefore be allowed to maintain …


Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston Nov 1941

Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston

Michigan Law Review

In exercising appellate jurisdiction over federal questions raised in the highest court of a state, the Supreme Court of the United States has refused to adopt the view that the existence of a federal question in the record or decision of the state court will empower it to decide every other question that is raised in the case. Correlated to this refusal to review the nonfederal question is the further self-imposed limitation that where the decision of the state court rests upon a nonfederal ground sufficient in itself to support the judgment of the state court, the Supreme Court will …


Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland Nov 1941

Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland

Michigan Law Review

Defendant was tried for the crime of driving a car while intoxicated. After the jury was instructed and had retired, the judge who had supervised the trial up to that point announced that he was going to another town to sit for a judge who was in poor health, but that a second judge would be available to receive the jury's verdict. Defendant's counsel failed to object to these arrangements. After the judge who heard the cause had left, the jury desired further instructions. As defendant objected to this request, however, it was denied. The second judge received the unqualified …


Federal Courts - Conflict Of Laws - Duty Of Federal Court To Apply State Conflict Of Laws Rules, Spencer E. Irons Nov 1941

Federal Courts - Conflict Of Laws - Duty Of Federal Court To Apply State Conflict Of Laws Rules, Spencer E. Irons

Michigan Law Review

In a suit on a contract brought in the United States District Court in Delaware, based on diversity of citizenship, the court allowed interest costs on the basis of the Civil Practice Act of New York where the contract was made. The Circuit Court of Appeals for the Third Circuit affirmed the ruling upon the ground that it was the best rule, without regard to the Delaware conflicts law. On certiorari, held reversed, on the ground that the doctrine of Erie Railroad v. Tompkins prohibits such an independent determination by the federal court of conflict of laws rules. Klaxon Co. …