IN 1848 a wave of reform in judicial procedure began to sweep over the United States. In that year the legislature of New York enacted the Code of Civil Procedure, a statute of far-reaching importance, for it became the source of and the model for similar legislation in almost two-thirds of the States in the Union.

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Indivdual Interests In The Domestic Relations, Roscoe Pound Jan 1916

Indivdual Interests In The Domestic Relations, Roscoe Pound

Michigan Law Review

It is important to distinguish the individual interests in domestic relations from the social interest in the family and marriage as social institutions. This social interest must play an important part in determining what individual interests in such relations are to be secured, how far they are to be secured and how they are to be secured. Yet its chief significance is not in connection with securing interests in the domestic relations against the rest of the world but rather in connection with the conflicting interests of the parties to such relations among themselves, the curtailments of normal legal capacity …

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Book Reviews, John R. Rood, Henry M. Bates Jan 1916

Book Reviews, John R. Rood, Henry M. Bates

Michigan Law Review

A collection of book reviews by multiple authors.

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The Surrogates' Court And The New Law, Robert Ludlow Fowler Jan 1916

The Surrogates' Court And The New Law, Robert Ludlow Fowler

Fordham Law Review

No abstract provided.

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Recent Decisions Jan 1916

Recent Decisions

Fordham Law Review

No abstract provided.

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Qualified Martial Law A Legislative Proposal, Henry Winthrop Ballantine Jan 1916

Qualified Martial Law A Legislative Proposal, Henry Winthrop Ballantine

Michigan Law Review

In considering the powers and liabilities of the military in dealing with the citizen, the question of what a subordinate is to do when confronted by a conflict between the law and military orders is a difficult and interesting one. Sections 15 and 16 of the Code (the draft of which is submitted herewith), deal with illegal orders. The general rule is that persons engaged in the military service of the state or nation can find no justification in the illegal orders of a superior officer if such orders are so manifestly illegal that a man of ordinary sense could …

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Trial By Jury, W. J. Kallbreir Jan 1916

Trial By Jury, W. J. Kallbreir

Kentucky Law Journal

No abstract provided.

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The Proposed National University, Edward J. Mcdermott Jan 1916

The Proposed National University, Edward J. Mcdermott

Kentucky Law Journal

No abstract provided.

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The Attacks On The Courts And Legal Procedure, William H. Taft Jan 1916

The Attacks On The Courts And Legal Procedure, William H. Taft

Kentucky Law Journal

No abstract provided.

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Is Texas A Common Law State?, Basil Duke Sartin Jan 1916

Is Texas A Common Law State?, Basil Duke Sartin

Kentucky Law Journal

No abstract provided.

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Civil Law And The Common Law A World Survey, R W. Lee Dec 1915

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 …

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Qualified Martial Law A Legislative Proposal, Henry Winthrop Ballantine Dec 1915

Qualified Martial Law A Legislative Proposal, Henry Winthrop Ballantine

Michigan Law Review

When it is considered that there has been scarcely a year since the beginning of the Government that the Army has not been called upon to quell disturbances too great for the state authorities to handle; and that during the last thirty-five years the state troops have been called out more than five hundred times, the extent to which we are dependent upon the military are as a police force may be better realized.

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Law Of Percolating Waters, Jno B. Clayberg Dec 1915

Law Of Percolating Waters, Jno B. Clayberg

Michigan Law Review

Percolating waters are well understood as being underground waters. Underground waters have been from time immemorial divided into two general classes, namely: (a) flowing stream's, and (b) percolating waters. Percolating waters are divided by text writers into several distinct classes. No two text writers seem to have adopted the same classification. Such classifications are all more or less unimportant insofar as the application of the law is concerned. There cannot be any difference between percolating water which is diffuse and percolating water which reaches the channel of a stream or its sub-flow. All percolating water, unless detained by some natural …

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Book Reviews, Joseph H. Drake, Victor H. Lane Dec 1915

Book Reviews, Joseph H. Drake, Victor H. Lane

Michigan Law Review

A collection of book reviews by multiple authors.

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Nature Of American Religious Corporations, Carl Zollman Nov 1915

Nature Of American Religious Corporations, Carl Zollman

Michigan Law Review

From the earliest period of our history it has been recognized that corporate existence and capacity is desirable if not indispensable in order to carry on the affairs of the various church societies in the most efficient manner. Accordingly various forms of religious corporations have been developed. Of these the earliest, namely the territorial parish and the corporation sole, grew out of the then existing union of church and state. They were public municipal corporations and passed away with the system which had given them birth. Their place was taken by other church corporations of which there are three principal …

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