Digital Commons Network^™

International Arbitration, Joseph B. Moore

Michigan Law Review

The history of the race whether considered as one of individuals or as nations has been one of struggle. Did one individual fancy another had done him a wrong, he proceeded to right that wrong himself by the exercise of force. From the day when Cain killed his brother Abel, for many centuries contests between individuals were settled, not as justice dictated, but by brute force. The result was a disorderly condition of society unfavorable to peaceful conditions. In the evolution of the race, when men differed, instead of attempting to settle their differences by force, tribunals were brought into …

The Government's Suit Against The Union Pacific Railroad Company, Edson R. Sunderland

Michigan Law Review

On February 1st, 1908, a bill was filed in the United States Circuit Court for the District of Utah by the government of the United States, against the Union Pacific, the Southern Pacific, the Northern Pacific, the Great Northern, the Atchison, Topeka & Santa Fe and the San Pedro, Los Angeles and Salt Lake railroad companies, and several individual defendants, under the Anti-Trust law. The principal defendant is the Union Pacific company, which is charged by the government with controlling or influencing the management of the other defendant corporations, in restraint of competition. The suit was brought at the direct …

May Congress Levy Money Exactions, Designated "Taxes," Solely For The Purpose Of Destruction?, John Barker Waite

Michigan Law Review

The questions of taxation have furnished a cause of warfare, armed or wordy, since the meaning of government has been known. The possibility of our Constitution was due, superficially, to the imposition of a tax; its adoption, in great measure, to the absence of a tax, to the lack of a taxing power in the Confederation. Since the adoption of the Constitution with its grant of a taxing power, much of our legislative disagreement has centered on the interpretation of that grant. The case of McCray v. United States, opens up a comparatively untrammeled field of dispute. The basis of …

The Work Of The Second Hague Conference, W. F. Dodd

Michigan Law Review

The second Hague Conference came to an end on October 18, 1907, after sitting for more than four months. In the popular mind the Conference has been dismissed as a failure. No sensational actions were taken, and the quiet and solid work of a group of international lawyers has had little attraction for the general public. It is, however, worth while to make a plain statement of what the Conference did and did not accomplish. The first Hague Conference in 1899 was essentially a peace conference. The question of partial disarmament was put at the head of the Russian program …

War Arbitration And Peace, William Perry Rogers

Michigan Law Review

In examining any question which pertains to the welfare of humanity there are two prominent view points from which to start. One is that of the individual being; the isolated man; the unit of society. The other is that of the mass of mankind; the people as a whole; the corporate organization of states and nations. There are those who believe in a God of nations. They believe He guides their destinies in perils of battle, and in great and dangerous emergencies; but they insist that He has little or nothing to do with the affairs of the individual. Conversely, …

Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus

Michigan Law Review

The Law School; Unauthorized Operation by Physician; The Kansas Oil Refinery Bill; Garnishment of Public Corporations; The rule in Wild's Case Today; Effect of a complicated Form of Ballot on the Elector's Freedom of Choice; Situs of Debts for Garnishment; Malicious Interference With the Contract of Employment

Jurisdiction Over Foreign Ships In Territorial Waters, Charles Noble Gregory

Michigan Law Review

War, says Grotius, "is undertaken for the sake of peace." So discussion is undertaken for the sake of conclusions. If the conclusions are not as definite as could be wished in the present instance, it is hoped that it is not wholly due to the indolence or incompetency of the writer, but in large part to the difficulties presented by the overlapping of municipal and international laws, and by the lack of any final tribunal which can adjust and end differences. Again Grotius, and there is no better authority, quotes approvingly certain rules of mercy as part of the law …

The Dartmouth College Case And Private Corporations: A Paper Presented By William P. Wells, Of Detroit, At The Ninth Annual Meeting, Auguest 19, 1886., William P. Wells

Books

The Dartmouth College Case and Private Corporations. Chancellor Kent, writing in 1826, thus expressed himself concerning the Dartmouth College case: "It contains one of the most full and elaborate expositions of the constitutional sanctity of contracts to be met with in any of the reports. The decision in that case did more than any other single act proceeding from the authority of the United States to throw .an impregnable barrier around all rights and franchises derived from the grant of government and to give solidity and inviolability to the literary, charitable, religious and commercial institutions of our country."

Changes In The Balance Of Governmental Power, Thomas M. Cooley

Other Publications

“In taking up for brief review the action of the convention in framing, and that of the people of the Union in adopting the Federal Constitution ninety years ago, we should be able after such a lapse of time, and in view of our diversified experience under it, to deal with it in a spirit of dispassionate criticism, and without boasting or unreasonable exultation. Yet we may perhaps truly say that the act itself was the most notable in government-making of which history bears record….”

The Lawyer’S Duty To Be Faithful To His Own Manhood, Thomas M. Cooley

Other Publications

“On a previous occasion similar to this when I was invited to address a few parting words to a class of law students, I directed their attention specifically to their duty to observe fidelity to their clients. To-day I shall call your attention to a duty equally imperative, and perhaps still more often neglected, namely: the duty of fidelity to one’s own manhood....

“I shall have accomplished fully my purpose in these parting admonitions if I impress upon your convictions the paramount importance of observing in all your professional life the obligation of fidelity to truth, to justice, …

Washington: His Character And The Lessons To Be Drawn From It, Thomas M. Cooley

Other Publications

Justice Cooley’s memorial on the occasion of Washington’s birthday: “In fabulous history nations are founded by gods. But these gods are only impersonations of the rough virtues most prized in a barbarous age, and their worship is therefore an adoration of those qualities … We have no fabulous history of our nation … Great characters may loom up as the builders, but they are not simply exaggerated personifications of power and force; they are men with human qualities, whose lives, in the records which are preserved, are open to our inspection; we may see what manner of men they were, …

The North-West During The Revolution: Annul Address Before The State Historical Society Of Wisconsin, Charles I. Walker

Books

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