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Ruling On Demurrer To Petition For Annulment Of Marriage, Theophilus J. Moll Jun 1926

Ruling On Demurrer To Petition For Annulment Of Marriage, Theophilus J. Moll

Indiana Law Journal

This is a ruling on demurrer by Judge Moll in In Re Marriage of Henry R. Steinkuhler and Elizabeth P. Bowman, Superior CT. No. 35298. It gives a judicial pronouncement in a most unusual legal action


Does "Legislative Review" By Courts In Appeals From Public Utility Commissions Constitute Due Process Of Law?, Maurice H. Merrill May 1926

Does "Legislative Review" By Courts In Appeals From Public Utility Commissions Constitute Due Process Of Law?, Maurice H. Merrill

Indiana Law Journal

No abstract provided.


The Rule-Making Power Of The Courts, Charles H. Paul May 1926

The Rule-Making Power Of The Courts, Charles H. Paul

Washington Law Review

With regard to the constitutionality of the proposal, the first question that occurs to every lawyer is whether the legislature may delegate the rule-making power to the courts. It seems strange that, in view of the history of English and American procedural law, this question should occur to anyone as presenting a serious objection, but the reason is, of course, that we have got so far away from the original method of regulating court procedure that our inclination is to believe that legislative codes are the only way in which court procedure can be prescribed. As a matter of fact, …


Recent Case Notes (And Indiana Docket) May 1926

Recent Case Notes (And Indiana Docket)

Indiana Law Journal

No abstract provided.


The Court Of Claims, J. H. Toelle May 1926

The Court Of Claims, J. H. Toelle

Michigan Law Review

The Court of Claims was established by Act of Congress in 1855. The original Act provided that at the commencement of each session of Congress, and at the commencement of each month during the session, the Court should report the cases upon which they should have finally acted, stating in each the material facts which they found established by the evidence, with their opinion in the case, and the. reasons upon which such opinion was founded, and the opinion of any judge who should dissent from the majority. It also directed the Court to prepare a bill or bills in …


Practice In Justice's Court Joining Or Splitting Causes Of Action, G. D. H. Apr 1926

Practice In Justice's Court Joining Or Splitting Causes Of Action, G. D. H.

West Virginia Law Review

No abstract provided.


Recent Case Notes (And Indiana Docket) Apr 1926

Recent Case Notes (And Indiana Docket)

Indiana Law Journal

No abstract provided.


The Technique Of Judicial Appointment, Harold J. Laski Apr 1926

The Technique Of Judicial Appointment, Harold J. Laski

Michigan Law Review

It is difficult to overestimate the significance of the judiciary in the modern state. The work of the executive has become so vast, the powers delegated to it by the legislature are so wide, that judges are, perhaps more than at any previous time, the real safeguard of personal liberty. It is only necessary to recall cases like Coppage v. Kansas, or R. v. Halliday, to realize how nearly judicial activity goes to the very heart of freedom. That is, of course, even more the case when, as with America, the constitution of the state is written, and …


The Uniformity Of The Maritime Law, George L. Canfield Apr 1926

The Uniformity Of The Maritime Law, George L. Canfield

Michigan Law Review

In 1871, Richard Henry Dana commenced a masterly article on the "History of Admiralty Jurisdiction in the Supreme Court of the United States,'' by writing, "After seventy yea.rs of baffling winds and cross currents in the region of admiralty jurisdiction, the Supreme Court of the United States has sailed out into deep water." In 1924, Charles Merrill Hough concludes his delightful "Admiralty Jurisdiction-of Late Years," with the statement, "The years since 1906 have not increased the certainty of maritime law, and they have impaired the tradition of enforceable customs of the sea." And others writing in current legal periodicals have …


Notes Mar 1926

Notes

Tennessee Law Review

No abstract provided.


The Validity Of The Act Of 1925 Calling A Constitutional Convention In Tennessee, O. T. Tindell Mar 1926

The Validity Of The Act Of 1925 Calling A Constitutional Convention In Tennessee, O. T. Tindell

Tennessee Law Review

No abstract provided.


Recent Progress In Legal Education, Alfred Z. Reed Mar 1926

Recent Progress In Legal Education, Alfred Z. Reed

Tennessee Law Review

No abstract provided.


The Rule-Making Power Of The Courts, Charles H. Paul Feb 1926

The Rule-Making Power Of The Courts, Charles H. Paul

Washington Law Review

During these times of renewed interest in the defects in our judicial procedure, probably the most sweeping and far-reaching reform proposed is to give the rule-making power to our courts. The exact form of the proposal differs with the conditions in various jurisdictions, but the proposed acts generally provide that the highest appellate court of the jurisdiction shall regulate and prescribe, by rule, the forms for and the kind and character of the entire pleading, practice and procedure to be used in all suits, actions, appeals and proceedings of whatever nature in any of the courts of the state, superseding …


Judicial Settlement And The Permanent Court Of International Justice, Amos S. Hershey Feb 1926

Judicial Settlement And The Permanent Court Of International Justice, Amos S. Hershey

Indiana Law Journal

No abstract provided.


Recent Case Notes Feb 1926

Recent Case Notes

Indiana Law Journal

No abstract provided.


News Of Bench And Bar Feb 1926

News Of Bench And Bar

Indiana Law Journal

No abstract provided.


Book Reviews Feb 1926

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Notes Jan 1926

Notes

Tennessee Law Review

No abstract provided.


Early Tennessee Surveys And Maps, F. Giddings, M. D. Arnold Jr. Jan 1926

Early Tennessee Surveys And Maps, F. Giddings, M. D. Arnold Jr.

Tennessee Law Review

No abstract provided.


Technical Rules Of Evidence, Irving Lehman Jan 1926

Technical Rules Of Evidence, Irving Lehman

Tennessee Law Review

No abstract provided.


Volume 4 (1925-1926) Jan 1926

Volume 4 (1925-1926)

Tennessee Law Review

No abstract provided.


Burden Of Proof Of Due Course Holding Under Negotiable Instruments Law, Walter E. Treanor Jan 1926

Burden Of Proof Of Due Course Holding Under Negotiable Instruments Law, Walter E. Treanor

Indiana Law Journal

No abstract provided.


Due Process Of Law Under The United States Constitution, Hugh Evander Willis Jan 1926

Due Process Of Law Under The United States Constitution, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Permanent International Court Of Criminal Justice, By M. Caloyanni, James J. Robinson Jan 1926

Permanent International Court Of Criminal Justice, By M. Caloyanni, James J. Robinson

Indiana Law Journal

No abstract provided.


Federal Probationary Powers, Eugene B. Cochran Jan 1926

Federal Probationary Powers, Eugene B. Cochran

Kentucky Law Journal

No abstract provided.


Congress And The Supreme Court (Continued), Thomas Frank Konop Jan 1926

Congress And The Supreme Court (Continued), Thomas Frank Konop

Journal Articles

In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.


Congress And The Supreme Court, Thomas Frank Konop Jan 1926

Congress And The Supreme Court, Thomas Frank Konop

Journal Articles

In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.


Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act Nov 1925

Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act

Michigan Law Review

Another interesting chapter has been written in the legal history of the Kansas Court of Industrial Relations, that most interesting attempt to substitute judicial methods for the present condition of strife in the field of industrial dispute, and to recognize the rights of the public as an interested third party in such disputes. In Wolff Packing Co. v. Court of Industrial Relations, U. S. Sup. Ct., Oct. Term, 1924, Nos. 207 and 299, 45 S. Ct. Rep. 441, the Supreme Court of the United States has decided that the Industrial Relations Act, c. 29, LAWS 1920 (KANSAS), SPECIAL SESSION, …


International Law--Witholding Of Political Recognition--Suit By Russian Corporation In Court Of Equity, Edwin D. Dickinson Nov 1925

International Law--Witholding Of Political Recognition--Suit By Russian Corporation In Court Of Equity, Edwin D. Dickinson

Articles

"The plaintiff corporation was incorporated in Russia under the Imperial government. Prior to the Russian Revolution it had deposited certain securities and moneys with the defendant, as trustee, as required by the New York statutes, for the protection of policy-holders and creditors. In this suit to compel the return of the funds the defendant claimed that the plaintiff corporation was no longer in existence because of the Russian Soviet decrees.... Held, that although the court cannot recognize the legal validity of the decrees of the Soviet government, the facts of the situation are such that justice and reason require …


Cooperation Between The Bar And The Public In Improving The Administration Of Justice, Edson R. Sunderland Oct 1925

Cooperation Between The Bar And The Public In Improving The Administration Of Justice, Edson R. Sunderland

Articles

Professor Sunderland compares public participation in the legal systems of the United States and Great Britain. "There must be a partnership between the profession and the laity for improving the administration of justice. Law must become a matter of public concern, and not treated as a mere perquisite of a professional class."