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Articles 11971 - 12000 of 12608
Full-Text Articles in Entire DC Network
Courts Rule - Making Power, Peter S. Boter
Courts Rule - Making Power, Peter S. Boter
Michigan Law Review
A statute of the State of New Mexico delegated to the supreme court of the state the power to promulgate rules regulating pleading, practice, and procedure in judicial proceedings for the purpose of simplifying the same and for the promotion of the speedy determination of litigation upon the merits. The act further provides that all statutes relating to pleading and practice now in force shall have effect only as rules of court and remain in effect as such unless modified or suspended by rules promulgated pursuant to this Act. Held, that the rule-making power can constitutionally be delegated to …
Patent Clauses In Sales Contracts, Robert E. Sadtler
Patent Clauses In Sales Contracts, Robert E. Sadtler
Tennessee Law Review
No abstract provided.
The Error Of Electing Judges, Robert N. Wilkin
The Error Of Electing Judges, Robert N. Wilkin
Tennessee Law Review
No abstract provided.
Denial Of Equitable Relief Upon Failure To Prove Charge Of Fraud, Thomas H. Malone
Denial Of Equitable Relief Upon Failure To Prove Charge Of Fraud, Thomas H. Malone
Tennessee Law Review
No abstract provided.
Sections 74 And 77b Of The Bankruptcy Act And The Security Of A Conditional Vendor, William G. Brown
Sections 74 And 77b Of The Bankruptcy Act And The Security Of A Conditional Vendor, William G. Brown
Tennessee Law Review
No abstract provided.
The Doctrine Of Stare Decisis In British Courts Of Last Resort, John A. Fairlie
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 …
Actions - Stay Of Proceedings To Await Result In "Test Case" Involving Similar Issues, Jack L. White
Actions - Stay Of Proceedings To Await Result In "Test Case" Involving Similar Issues, Jack L. White
Michigan Law Review
Suits were instituted by respondents, non-registered holding companies, in the District Court for the District of Columbia to enjoin the enforcement against them of the Public Utility Holding Company Act of 1935 on the ground that it was unconstitutional. On the same day that the first of these bills was filed, the Securities and Exchange Commission began suit in a federal district court in New York to compel the Electric Bond & Share Company and others, members of another utility system, to register as required by the act. A cross-bill in that action contested the validity of the act and …
Federal Courts - Removal Of Causes - Action By State Tax Collector Against National Bank To Recover Taxes - Federal Question, Malcolm L. Denise
Federal Courts - Removal Of Causes - Action By State Tax Collector Against National Bank To Recover Taxes - Federal Question, Malcolm L. Denise
Michigan Law Review
The state of Mississippi passed a statute imposing a tax upon national banks, under authority of a federal statute permitting such legislation. The state assessed the tax upon defendant's predecessor, and defendant, in taking over its predecessor's assets, undertook to pay all of its obligations, including taxes due. The state tax collector started suit on the contract in the state court, but upon defendant's application the cause was removed to the federal district court. On appeal it was held the case did not arise under the laws of the United States within the meaning of the removal statute because it …
Courts And The Rule-Making Powers, Carl C. Wheaton
Courts And The Rule-Making Powers, Carl C. Wheaton
Tennessee Law Review
No abstract provided.
The Separation Of Powers, Stuart A. Maccorkle
The Separation Of Powers, Stuart A. Maccorkle
Tennessee Law Review
No abstract provided.
Reorganization Of County Government Upon Council-Manager Plan, Estes Kefauver
Reorganization Of County Government Upon Council-Manager Plan, Estes Kefauver
Tennessee Law Review
No abstract provided.
A Suggestion To Eliminate Delays In The Courts Of Marion County, William E. Riley
A Suggestion To Eliminate Delays In The Courts Of Marion County, William E. Riley
Indiana Law Journal
No abstract provided.
Constitutional Law - Trial By Jury - Waiver Of Absence Of Part Of Jury And Consent To Continue With Remainder, Malcolm L. Denise
Constitutional Law - Trial By Jury - Waiver Of Absence Of Part Of Jury And Consent To Continue With Remainder, Malcolm L. Denise
Michigan Law Review
The relator in this quo warranto proceeding attacked his previous conviction in a criminal trial on the ground that the verdict was void because rendered by only eleven persons. During that trial, one of the original jurors had been unable to continue, and the relator and the prosecutor had both consented to proceed before the remaining jurors. It was held that the right to be tried by a jury of twelve given an accused by the constitution of the state is a privilege purely for his own protection, and that he could legally waive this, just like any other similar …
The Proposed United States Administrative Court, Part Ii, Robert M. Cooper
The Proposed United States Administrative Court, Part Ii, Robert M. Cooper
Michigan Law Review
The recent movement for the passage of the Logan bill and the establishment of supervisory tribunals for the control of administrative determinations is the result of several preconceived theories concerning the shortcomings of the present system of administrative justice. These underlying theories, cautiously surrounded by a halo of judicial philosophy, have seldom been analyzed in their relation to the development of a sound policy for the administration of governmental functions. The present installment of this article will be devoted first to an examination of these fundamental theories and a consideration of the question how far the present administrative machinery is …
Constitution Making In 1935-1936, Hugh Evander Willis
Constitution Making In 1935-1936, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen
Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen
Michigan Law Review
Convinced of the desirability of such action, a judge, conducting the trial of a criminal case, wishes to clear the court room of all or a portion of the spectators. To what extent may he legitimately do so? He is necessarily limited by the provision in the constitution of almost every state and in the Sixth Amendment of the Constitution of the United States that in "all criminal prosecutions the accused shall enjoy the right to a speedy and public trial." The extent to which the trial court may go in clearing the court room has been most often tested …
Reorganization Of The Federal Judiciary, Thomas Frank Konop
Reorganization Of The Federal Judiciary, Thomas Frank Konop
Journal Articles
This article examines the controversy the Supreme Court have declaring unconstitutional several acts of Congress by striking social and beneficial laws from the statute books. The Supreme Court in effect told the American people that because of the Constitution their representatives could not pass these laws. It is the Supreme Court that is usurping the power of Congress and the President. It is the Supreme Court that has been destroying laws passed by Congress for a better life, more liberty and equality; social justice, and pursuit of happiness of one hundred thirty million people. This article favors the President's proposal …
Trade-Marks, Robert E. Sadtler
Public Utility Valuation In The Supreme Court, William Pettit
Public Utility Valuation In The Supreme Court, William Pettit
Tennessee Law Review
No abstract provided.
The Problem Of Jury Instructions, Haymond Maxwell
The Problem Of Jury Instructions, Haymond Maxwell
West Virginia Law Review
The question of instructions to juries is a perennial problem with practitioners and judges. Having in mind the seriousness of this subject, the Judicial Council of West Virginia, some months ago, formulated a program for thorough investigation and consideration of the instructions enigma. In response to the council's request that it render assistance in the matter, the faculty of the College of Law of West Virginia University caused to be made a synopsis of all the state statutes dealing with instructions. Only a few of the states have no such statutes. Virginia is among that small number. Though I am …
The Proposed United States Administrative Court, Robert M. Cooper
The Proposed United States Administrative Court, Robert M. Cooper
Michigan Law Review
The last half century has witnessed a constant, almost relentless, increase of governmental responsibilities and services in both federal and state spheres of control. Due to the changing needs of our economic and social order, the desire for speedy, efficient and inexpensive settlement of controversies and the imperative need of specialized administrators, the task of performing these new functions has not infrequently been delegated to administrative tribunals or commissions. Neither the legislature nor the judiciary was capable of administering the myriad details or countless controversies which inevitably accompanied these new functions of government. As a consequence an administrative branch of …