That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …

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Legislating The Incumbent Out Of Office, W. Gordon Stoner Jan 1914

Legislating The Incumbent Out Of Office, W. Gordon Stoner

Articles

Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament.1 Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here.2 In a few cases,3 and particularly in the decisions of the courts of North Carolina,4 offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …

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Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus Jan 1914

Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus

Articles

PRESIDENT BUTLER of Columbia University is reported to have said in an address before the New York Chamber of Commerce in 1911, that "the limited liability corporation is the greatest single discovery of modem times, whether you judge it by its social, by its ethical, by its industrial, or, in the long run--after we understand it and know how to use it,--by its political, effects." 1

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The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler Jan 1914

The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler

Articles

Though at one time in England there may have been some doubt as to the character of a riparian owner's rights in the waters of the stream, it must be considered as definitely settled by a series of cases that the doctrine of reasonable use by all the proprietors on the stream is the rule of the common law, and that the matter of priority of use or appropriation is, under that system, immaterial, unless, of course, a question of prescriptive right is involved. Wright v. Howard, 1 Sim. & S. 190; Mason v. Hill, 3 B. & Ad. 304, …

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Some Recent Developments In The Department Of Law, Henry M. Bates Jan 1914

Some Recent Developments In The Department Of Law, Henry M. Bates

Articles

The present continues to be a period of rapid and interesting development in legal education. The criticisms to which the law and its administration by courts and lawyers have been subjected during the last few years very naturally and properly has led to a careful reconsideration of existing methods of legal instruction in the hope that they might perhaps be improved. The truth is that scientific legal education, comparatively speaking, is still in its infancy both in England and in the United States. Instruction in law of the dogmatic and supposedly purely practical kind has long been carried on efficiently …

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Jurisprudence: A Formal Science, Joseph H. Drake Jan 1914

Jurisprudence: A Formal Science, Joseph H. Drake

Articles

Holland defines jurisprudence as "the formal science of positive law". The meaning of science is plain enough. A good many pages are devoted to the elucidation of the words "positive" and "law," but the term "formal" he explains only by analogy. As there is a formal science of grammar to which belongs, for example, the concept of possession, which has its material manifestation in Latin grammar in a genetive termination and in English grammar in the preposition "of," so there is a formal science of law, material manifestations of whose fundamental principles are found in various systems of actual legal …

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Recent Decisions Jan 1914

Recent Decisions

Fordham Law Review

No abstract provided.

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Recent Decisions Jan 1914

Recent Decisions

Fordham Law Review

No abstract provided.

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Recent Decisions Jan 1914

Recent Decisions

Fordham Law Review

No abstract provided.

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