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The Russian Reinsurance Case, Edwin D. Dickinson Oct 1925

The Russian Reinsurance Case, Edwin D. Dickinson

Articles

Professor Dickinson's second commentary on Russian Reinsurance Company v. Stoddard and Bankers Trust Company: "The facts in the Russian Reinsurance Company case were without precedent. The Reinsurance Company had been incorporated in Russia in 1899 under a special statute constituting its charter and by-laws.... In 1917 the revolutionary Soviet Government was established in Russia and seven of the eight persons constituting the company's board of directors was driven into exile. In 1918 Soviet decrees nationalized the company, confiscated its property, and apparently terminated its corporate existence. Nevertheless, the exiled directors held meetings in Paris and continued to direct the …


Arbitration Under The Modern Statutes Jun 1925

Arbitration Under The Modern Statutes

Michigan Law Review

Of late years the way of the "fair and free trial in open court," to which every man is deemed to have an inalienable right, has become so long, devious, intricate and costly, that the law faces the danger of falling into general disrepute. The calendars of courts in most jurisdictions ·are crowded and filled for months and years in advance. the situation being most acute in the larger cities and commercial centers. the very places where delays are most undesirable. New York City serves as a horrible example-here an ordinary case generally takes three years to come to trial. …


The Judicial Review Of Executive Acts, Albert Levitt Apr 1925

The Judicial Review Of Executive Acts, Albert Levitt

Michigan Law Review

The relation of the judiciary to the executive branch of the Government is a perplexing one. According to the Constitution, the government of the United States is threefold in character, legislative, executive and judicial. Each of these is supposed to be independent of the others. One cannot usurp the function of any one of the others. At the same time, this is a "Government of laws and not of men." It is equally true that this is a government of laws and not of political subdivisions or of the subdivisions of governmental mechanisms. Legislators, executives and judiciary must abide by …


Editorial Section - Case Notes Mar 1925

Editorial Section - Case Notes

Tennessee Law Review

No abstract provided.


The Conflict Of Laws - Treatment Of Cases Involving Contractual Capacity, Raymond J. Heilman Mar 1925

The Conflict Of Laws - Treatment Of Cases Involving Contractual Capacity, Raymond J. Heilman

Tennessee Law Review

No abstract provided.


The World Court, John L. Whitaker Mar 1925

The World Court, John L. Whitaker

Tennessee Law Review

No abstract provided.


Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act Mar 1925

Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act

Michigan Law Review

The defendants, striking employees of a railway company, were proceeded against in a federal district court for contempt in violating a preliminary injunction, and demanded a jury trial under the Clayton Act (c. 323, 38 STAT. 738, sec. 21, 22), which provides that in cases of wilful disobedience of "any lawful writ, process, order, rule, decree, or command of any District court of the United States or any court of the District of Columbia by doing any act or thing" forbidden, if such act or thing also constitutes a criminal offense under any statute of the United States or law …


Legislation And Judicial Decision, Rudolf Stammler Feb 1925

Legislation And Judicial Decision, Rudolf Stammler

Michigan Law Review

The discussions of the theme indicated by the title usually start from Montesquieu's theory of the three powers. This famous doctrine is developed in his work "De 1' esprit des lois" (1748) Bk. II, Ch. 6. This chapter is entitled "Of the English Constitution". It discusses however all states in general. In every state there are three sorts of powers, the legislative authority, the executive authority in matters dependent upon the law of nations, and the executive authority in everything dependent upon civil law. The last Montesquieu calls the judicial power, while the one mentioned in the second place is …


Important Changes In Federal Appellate Jurisdiction, C. R. S. Feb 1925

Important Changes In Federal Appellate Jurisdiction, C. R. S.

West Virginia Law Review

No abstract provided.


Editorial Section - Case Notes Jan 1925

Editorial Section - Case Notes

Tennessee Law Review

No abstract provided.


Land Laws In Tennessee (Con't), L. D. Smith Jan 1925

Land Laws In Tennessee (Con't), L. D. Smith

Tennessee Law Review

No abstract provided.


Volume 3 (1924-1925) Jan 1925

Volume 3 (1924-1925)

Tennessee Law Review

No abstract provided.


International Political Questions In The National Courts, Edwin D. Dickinson Jan 1925

International Political Questions In The National Courts, Edwin D. Dickinson

Articles

"Much has been made of the principle, in England and America, that international law is part of the national law to be applied by national courts in appropriate circumstances. As Mr. Justice Gray has expressed it, in the Paquete Habana: 'International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as question of right depending upon it are duly presented for their determination...'

This principle is useful, where it is applicable, but it is subject to limitations which are sometimes inadequately appreciated ..."


Judicial Abdication, Conner Hall Dec 1924

Judicial Abdication, Conner Hall

West Virginia Law Review

No abstract provided.


Injunction Against Execution Of Criminal Judgment Nov 1924

Injunction Against Execution Of Criminal Judgment

Michigan Law Review

Sometime in 1921 or 1922 one Ullah Mohammed, an Afghan, unable to speak or understand English, was convicted of murder in the first degree in the Sonoma county court, of California. The evidence showed that he entered deceased's bed-room, fired a shot-gun at him, clubbed him over the head, and then cut his throat with a razor. An appeal was taken on the instructions as to self-defense and was summarily overruled. People v. Mohammed, 189 Cal. 429. Later a bill was filed in the superior court of San Francisco for an injunction to prevent Mohammed's execution. It was alleged …


Contracts With The United States, Grover C. Grismore Jun 1924

Contracts With The United States, Grover C. Grismore

Michigan Law Review

It has been settled since a comparatively early day in the history of our government that "the United States being a body politic, may, within the sphere of the constitutional powers confided to it, and through the instrumentality of the proper department to which those powers are confided, enter into contracts not prohibited by law, and appropriate to the just exercise of those powers." While this proposition became established without much of a struggle, it has not been so freely admitted that such contracts are to be given the same construction and effect as the contracts of individuals. In Smoot's …


Legal By-Ways, John W. Green May 1924

Legal By-Ways, John W. Green

Tennessee Law Review

No abstract provided.


Character Evidence As Affecting The Credibility Of Witnesses, J. A. Osoinach May 1924

Character Evidence As Affecting The Credibility Of Witnesses, J. A. Osoinach

Tennessee Law Review

No abstract provided.


Editorial Section - Case Notes May 1924

Editorial Section - Case Notes

Tennessee Law Review

No abstract provided.


Land Laws Of Tennessee "Hiatus", L. D. Smith May 1924

Land Laws Of Tennessee "Hiatus", L. D. Smith

Tennessee Law Review

No abstract provided.


Origin Of Two Fundamental Factors Of The American Constitution, Israel H. Peres Mar 1924

Origin Of Two Fundamental Factors Of The American Constitution, Israel H. Peres

Tennessee Law Review

No abstract provided.


Editorial Section - Case Notes Mar 1924

Editorial Section - Case Notes

Tennessee Law Review

No abstract provided.


Adverse Possession Of Trust Property, William Waller Mar 1924

Adverse Possession Of Trust Property, William Waller

Tennessee Law Review

No abstract provided.


Book Reviews Mar 1924

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Editorial Section - Case Notes Jan 1924

Editorial Section - Case Notes

Tennessee Law Review

No abstract provided.


Volume 2 (1923-1924) Jan 1924

Volume 2 (1923-1924)

Tennessee Law Review

No abstract provided.


Should There Be A Constitutional Convention In Tennessee?, James H. Malone Jan 1924

Should There Be A Constitutional Convention In Tennessee?, James H. Malone

Tennessee Law Review

No abstract provided.


The Bankruptcy Act Of 1898 (Amended) As Construed And Applied By The Appellate Courts Of Tennessee, W. J. Donaldson Jan 1924

The Bankruptcy Act Of 1898 (Amended) As Construed And Applied By The Appellate Courts Of Tennessee, W. J. Donaldson

Tennessee Law Review

No abstract provided.


Coke-Parliamentary Sovereignty Or The Supremacy Of The Law?, R. A. Mackay Jan 1924

Coke-Parliamentary Sovereignty Or The Supremacy Of The Law?, R. A. Mackay

Michigan Law Review

Few legal authorities have received such conflicting interpretations as Sir Edward Coke. American jurists have turned to him as the legal father of judicial review, English jurists have found in him the authority for Parliamentary Supremacy, The cause of these conflicting interpretations is partly Coke's obscure style. Coke was an encyclopedist rather than a philosopher of the law: his ideas must be dug out and fused together from an heterogeneous mass of apparently unrelated statements. Even his Reports are legal and literary puzzles, a mixture of advocates' pleas, judicial decisions, and probably Sir Edward Coke's personal opinions as well. Hence …


The Permanent International Court Of Justice Jan 1924

The Permanent International Court Of Justice

Michigan Law Review

The writer has already commented, in an earlier number of this Review, upon the plan for a Permanent Court of International Justice which was formulated by a committee of jurists at The Hague in the summer of 1920 and amended and approved by the Council and Assembly of the League of Nations in December of the same year. 19 MICH. L. REV. 413. The plan became operative upon ratification by a majority of the members of the League in September, 1921, and judges were elected immediately thereafter. The Court's first session opened at The Hague in January, 1922. The present …