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Comprachicos, John Boynton Kaiser

Journal of Criminal Law and Criminology

No abstract provided.

Notes On Current And Recent Events

Journal of Criminal Law and Criminology

No abstract provided.

Reviews And Criticisms

Journal of Criminal Law and Criminology

No abstract provided.

New System Of Criminal Procedure, Maurice Parmelee

Journal of Criminal Law and Criminology

No abstract provided.

Control Of Crime In India, Charles Richmond Henderson

Journal of Criminal Law and Criminology

No abstract provided.

Reviews And Criticisms

Journal of Criminal Law and Criminology

No abstract provided.

The New Federal Equity Rules, Robert E. Bunker

Articles

On November 4, 1912 the Supreme Court of the United States, by formal order, adopted and established a code of rules for the courts of equity of the United States, which should take the place of all rules theretofore prescribed by the Supreme Court and then in force. Rule 81 provides: "These rules shall be in force on and after February 1, 1913, and shall govern all proceedings in cases then pending or thereafter brought, save that where in any then pending cause an order has been made or act done which cannot be changed without doing substantial injustice, the …

Admiralty Jurisdiction And State Waters, John B. Waite

Articles

The case of Ex parte Boyer1 closes with the statement that it "does not raise the question whether the admiralty jurisdiction of the district court extends to waters wholly within the body of a state, and from which vessels cannot so pass as to carry on commerce between places in such state and places in another state or in a foreign country; and no opinion is intended to be intimated as to jurisdiction in such a case." Nor does any other case appear directly to intimate such an opinion, unless it be that of Stapp v. Clyde2 wherein a state …

The History Of A Title: A Conveyancer's Romance, Uriel R. Crocker

Kentucky Law Journal

First printed in the American Law Review, October, 1875, and Subsequently Reprinted by the Massachusetts Insurance Co., 1885.

Deed Of Conveyance Of Land In Kentucky, Lyman Chalkley

Kentucky Law Journal

No abstract provided.

The Ethics Of Advocacy, Frank Irvine

Kentucky Law Journal

No abstract provided.

What Is The Rule Of Consideration In Kentucky?, Jesse I. Miller

Kentucky Law Journal

No abstract provided.

Editorial Preface To This Volume, Joseph H. Drake

Other Publications

"American juristic thinking at the present time needs a von Ihering. Our jurists, our legislators and our courts, both bench and bar, are still holding fast to an historical 'Naturrecht' built up on the precedents of the Common Law.... The public is crying out against our crystallized and inelastic theory and practice of law. The practical application of the idea of law as purpose would, in many cases, loosen our legal shackles and open the way out of our legal difficulties ...."

"The days of 'laissez faire' in legal matters have gone by in America as well as in Germany. …

A Historic Judicial Controversy And Some Reflections Suggested By It., S. S. Gregory

Michigan Law Review

Probably most well informed persons of the present generation associate the notion, once maintained, that a state might secede or nullify an act of Congress, with the South and its earlier statesmen. And it is time that the resolutions drawn substantially by Jefferson and adopted by the Legislature of Kentucky in 1798, and similar resolutions drafted by Madison and adopted by the General Assembly of Virginia in the same year, together with some similar and more explicit declarations by the Legislature of the former state in 1799, seem to furnish some warrant for this impression. Yet it seems to be …

Note And Comment, Ralph W. Aigler, Wilson W. Mills, Sidney E. Doyle, Joseph J. Kennedy

Michigan Law Review

The Renvoi Theory Repudiated as a Test for Determining the Negotiability of a Note - A recent case decided by the Supreme Court of Oklahoma (Bell v. Riggs, 127 Pac. 427) involving, among others, a question as to what law governs the negotiability of a note made in one State and payable in another, though of little intrinsic value so far as that point is concerned, is of some interest because the attorney for the holder of the note made a curious attempt to adapt the renvoi theory to his case. The term renvoi is used as a convenient descriptive …

Book Reviews

Michigan Law Review

Students and teachers of law, as well as historically-minded practitioners -though the number of the latter is, alas, all too few-have long felt the need of a brief but adequate and authoritative account of the origin and growth of English legal institutions. Previous treatises, based on modern investigations, notably those of Pollock and Maitland and Holdsworth, are not only too exhaustive, but do not completely cover the ground. Convinced, like many others of the present day, "that a rich field of educational effort awaited development," Mr. Jenks, already well-known for his contributions to various aspects of the subject, has at …

Book Reviews, Joseph H. Drake

Michigan Law Review

These two volumes, published simultaneously in the fall of 1912, are the first fruits of the labor of the committee which 'has been working since 19o9 to make available to American lawyers the 'works of the best legal historians of Continental Europe. The Series is to contain' a volume on the "History of Germanic Private Law," one on "Italian Law," one on "French Public Law," one on each of the subjects,-"Continental -Criminal Procedure," "Continental Criminal Law," "Continental Civil Procedure," and "Continental- Commercial Law," with a concluding volume on the "Evolution of Law in, Europe," and an extra volume (to be …

Book Reviews, John R. Rood

Michigan Law Review

The appearance of these two works in the Classics of International Law, the publication of which has been ,undertaken by the Carnegie Institution of Washington under the general editorship of Dr. James Brown 'Scott, is an event of great importance in the history of the literature of International Law. Several years ago Dr. Scott called the attention of the authorities of the Carnegie Institution to the need of reprints .of the texts of the great classics of International Law, each to be accompanied by a readable English translation. The Carnegie Institution undertook the work as outlined by Dr. Scott, and …

Book Reviews, Joseph H. Drake, Edgar N. Durfee, William T. Hoffman

Michigan Law Review

The legal profession is to be congratulated that men of the great erudition of Dean Wigmore and the editors associated with him are devoting themselves so unselfishly to the heavy labor of presenting in fitting English form the masterpieces of continental legal literature. Though much may be said about the insufficiency of translations as a basis of scholarly work in -any subject, the fact remains that the great bulk of the legal profession, even those of a scholarly habit of mind, have not the linguistic ability necessary to use the original sources of knowledge. On the other hand the need …

Book Reviews, Evans Holbrook, John B. Waite, Ralph W. Aigler

Michigan Law Review

Cases on Persons and Domestic Relations, Selected from Decisions of English and American Courts. By Albert M. Kales. American Casebook Series. James Brown Scott, General Editor. St. Paul, West Publishing Co., 1911, pp. xxix, 654.

Unifying Tendencies In American Legislation, Ernst Freund

Articles

No abstract provided.

What Is The Law? Ii, Joseph W. Bingham

Michigan Law Review

I shall now discuss briefly the nature of the causal effects of precedents upon judicial decisions and the justifications for those effects. One frequently hears laymen scoffing at the respect which courts pay to precedents and sometimes displaying a lamentable ignorance both of the nature of the influence which precedents have on the law and of the reasons for the existence of that influence. The influence of past example on human action pervades all human conduct and endeavor at all times. That influence is fundamental. It occurs through instinctive as well as intelligent processes and sometimes runs to unreasonable extents. …

Bank Deposits And Collections, Ralph J. Baker

Michigan Law Review

Insolvency, no less than natural death, is a tragedy which comes into the midst of business transactions, fixing the claims of parties, and calling for the application of legal principles to determine the nature and extent of their rights. Perhaps no business relationship is more frequent than that of banker and customer or depositor. And while insolvency of banking institutions is happily less frequent than in the ordinary business, it is not so uncommon that questions therein are not often in the courts for adjudication. It would, therefore, be a natural deduction that the legal principles applicable should be comparatively …

The Liability Of A Principal For The Penal Or Criminal Acts Of His Agent, Floyd R. Meechem

Michigan Law Review

What Here Involved. In a previous article the question of the liability of a principal or master for the wilful or malicious acts of his servant or agent, was considered. It is proposed here to consider the liability of a principal or master for the penal or criminal acts of his agent or servant. This will involve two aspects: (a) The civil liability of the principal or master, and (b) His penal or criminal liability.

Note And Comment, Joseph J. Kennedy, Samuel H. Morris, Burke W. Shartel, George S. Burgess

Michigan Law Review

Attendance at the Law School; An Extreme Case in the Application of the Safety Appliance Act; Advisory Opinions; Refusal of Specific Performance Where Subsequent Unexpected Events Render it Inequitable; Is Vasectomy a Cruel Punishment

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Railroads--Effect of Change of Line; Bankruptcy--Extension of Time for Filing Petition for Discharge; Bankruptcy--Voidable Preferences--Proceeds of Fire Insurance Policy; Bills and Notes--Liability of Irregular Indorser--Questions for Jury; Bills and Notes--Negotiability--Law Governing; Boundaries--Street--Land Made by Change in Street; Commerce--Interstate Commerce on Route Between Two Points in Same State; Criminal Law--Dead Bodies--Proper Burial; Constitutional Law--Involuntary Servitude; Deeds--New Grantee in Habendum--Construction; Deeds--Parol Reservation of Growing Crops by Vendor of Land; Evidence--Admissibility of Statements of a prior Holder of Negotiable Paper Against Transferee; Evidence--Right to Introduce Secondary Evidence of Contents of a Document When the Original is Beyond Jurisdiction of the Court; Guardian …

Book Reviews, Henry M. Bates, Henry M. Bates

Michigan Law Review

Hall: Constitutional Law; McClain: Constitutional Law in the United States; McCarthy: The Wisconsin Idea; Moore: Four Phases of American Development--Federalism, Democracy, Imperialism and Expansion;

The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore

Michigan Law Review

The multiplying instances of the delay or seeming miscarriage of justice, together with the indications that crime is not diminishing in this country, as it is in most progressive European countries, are responsible for the widespread feeling that American Criminal Law and Administration are ineffective as a corrective system, and thus fail adequately to protect society; that as President Taft puts it, "The administration of criminal law in this country is a disgrace to our civilization." Defective organization of courts, cumbrous and costly procedure and excessive emphasis on technicalities afford an undue advantage to the law-breaker of means and deepen …

What Is The Law?, Joseph W. Bingham

Michigan Law Review

It is intended that this title shall demand an analysis of the field of study in which the lawyer or jurist works and a determination of its essential and contributing elements. The purpose of the article is to sketch briefly a partial answer which will be instructive and helpful to the student who faces the problem as I faced it some ten years ago. I do not expect that anything new will be found in these ideas. I imagine that all of them must have been expressed many times before. Some of them are common­place. None is esoteric. Probably the …

Note And Comment, Ralph W. Aigler, Robert L. Mayall

Michigan Law Review

The Law School; Possession Under Mistake, as Adverse Possession; Limitation of Carrier's Common-Law Liability; The Force and Effect of State Insolvency Laws Under the Bankruptcy Act of 1898;