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Cooperation Between The Bar And The Public In Improving The Administration Of Justice, Edson R. Sunderland

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Professor Sunderland compares public participation in the legal systems of the United States and Great Britain. "There must be a partnership between the profession and the laity for improving the administration of justice. Law must become a matter of public concern, and not treated as a mere perquisite of a professional class."

Waiver Of State Immunity, Edwin D. Dickinson

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"English and American courts have come to regard it as 'an axiom of international law' that foreign states should be immune from suit in the national tribunals unless they to the expressly or impliedly waive their immunity and submit to the jurisdiction.... Yet it has not been doubted that states may waive immunity and submit to the local jurisdiction if they wish. In practice they frequently find it advantageous to do so. Some difficult questions arise when it becomes necessary to define the requisites of a waiver or to determine its precise effect in a particular case."

Search And Seizure Of Contraband Liquor In Automobile, James Parker Hall

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No abstract provided.

Immunity Of Non-Resident Defendants In Criminal Cases From Service Of Civil Process, Edward W. Hinton

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No abstract provided.

Use In A State Court Of Evidence Unlawfully Seized By Federal Officer, Edward W. Hinton

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No abstract provided.

Consent In Criminal Assault, Ernst W. Puttkammer

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No abstract provided.

Recent Recognition Cases, Edwin D. Dickinson

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"The prolonged interval during which the United States declined to recognize the government functioning in Mexico, and the still more protracted period during which recognition has been withheld from the de facto government in Russia, have produced some unusually interesting problems with respect to the appropriate judicial attitude toward an unrecognized de facto foreign government."

La Conscriptien Des Neutres Dan Les Lultes Ole La Concurrenve Economique, Ernst W. Puttkammer

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No abstract provided.

Hearsay, Testator's Declarations Of Revocation. [Leemon V. Leighton, 314 Ill 407], Edward W. Hinton

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No abstract provided.

Consent In Rape, Ernst W. Puttkammer

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Power Of Congress To Require Jury Trial In Certain Cases Of Criminal Contempt, James Parker Hall

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No abstract provided.

Caveat Emptor And The Judicial Process, John B. Waite

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"There are many issues in the law whose solution has an essentially economic cost. There is one issue in particular, however, of immense and most important economic effect, which has been decided and re-decided, but which, strangely enough, the courts never seem to have considered on the merits of its economic relations and effects....

"...[O]ught one to be permitted safely, if honestly, to intrust possession of goods to others; or should one have power safely, if honestly, to buy goods from those in possession...."

Pardoning Power Of Executive In Contempt Cases. [United States V. Grossman, 1 F (2nd) 941], James Parker Hall

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No abstract provided.

Subscription To Stock, Transfer Of Subscriber's Interest, Fraud Upon Creditor's, Floyd R. Mechem

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Joinder Of Independent Tort Feasors As Defendants. [Seattle Taxicab Co. V. De Jarlais, Wash., 236 Pac 785], Harry A. Bigelow

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Is The Crime Of Piracy Obsolete?, Edwin D. Dickinson

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"A few years ago it might have been surmised that in America at least a good deal of the old code in respect to piracy had passed from the law in reserve into the law in history. The important cases were nearly all one hundred years old or more....

There have been recent events, however, which challenge the assumption that the law of piracy is chiefly of historical significance. The country had hardly entered upon the new period of national prohibition when the rum ships descended upon its coasts... There sprang up, in consequence, to prey upon the rum ships, …

International Political Questions In The National Courts, Edwin D. Dickinson

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"Much has been made of the principle, in England and America, that international law is part of the national law to be applied by national courts in appropriate circumstances. As Mr. Justice Gray has expressed it, in the Paquete Habana: 'International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as question of right depending upon it are duly presented for their determination...'

This principle is useful, where it is applicable, but it is subject to limitations which are sometimes inadequately appreciated ..."

Exception And Reservation Of Easements, Harry A. Bigelow, J. W. Madden

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No abstract provided.

Witnesses, Competency, Husband And Wife, Illegitimacy. [Russell V. Russell (1924) Ac 687], Edward W. Hinton

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No abstract provided.

Tort Obligations And The Conflict Of Laws, Herbert F. Goodrich

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"This article is an extract from a textbook on 'The Conflict of Laws,' by Professor Goodrich, now in course of preparation, and is here published by permission of the West Publishing Company."--Footnote

Recognition Of New Types Of Negotiable Instruments, Ralph W. Aigler

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“The expression ‘negotiable instrument’ is one of variable meaning, and what is meant thereby often can be determined only by the context… Primarily ‘negotiable’ indicates transferability with a certain facility…..

“It may be not without interest to consider how instruments gain the negotiable quality and to trace, sketchily perhaps, the process of recognition.”

Commercial Instruments, The Law Merchant And Negotiability, Ralph W. Aigler

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“Until recently apparently no serious attempt had been to make a comprehensive examination into the origins and history of commercial instruments or to explain the special doctrines attached to negotiability….

“The bill of exchange, it is said, developed as a bit of machinery to give effect to the medieval contract of cambium which was concerned with the special case of the exchange of money for money. With the growth of foreign trade the difficulties and dangers of payments multiplied. Naturally those whose business it was to exchange monies were resorted to in this connection. They, in turn, out of necessities …

What The American Law Institute Means To The Law School, Herbert F. Goodrich

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"While in no sense a law school affair, the American Law Institute is so intimately connected with the progress of the law and legal education that it justifies mention here. The Institute was organized at a meeting of judges, lawyers and law teachers, held in Washington in February, 1923.... The Law School of the University of Michigan is and will continue to be intimately connected with this movement for the improvement of the law...."

Revival Of Moot Courts At Michigan, Herbert F. Goodrich

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"Clubs formed for the purposes of argument of moot cases exist in varying numbers at several of the best law schools in the country. From the students of the Law School at Michigan has come a movement for the establishment of such clubs here...."

Matrimonial Property And The Conflict Of Laws, Herbert F. Goodrich

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"This discussion forms the basis of a chapter in a text book on conflict of laws in preparation by the writer for The West Publishing Co., and appears with the permission of the publishers."-- Footnote

The Reform Of Civil Procedure, Edson R. Sunderland

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Professor Sunderland addresses the pernicious involvement of legislators in legal reform, contrary to the English model. This duty should be left to those who know the Law better than any: "The courts constitute the judicial department of the state, and the judges who preside and the lawyers who practice in them are the selected group of trained men charged with the responsibility for administering the law."

Public Utility Valuation, Edwin C. Goddard

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It has been so often remarked that the "valuation" of public utilities is determined by no rule of thumb, that there are no fixed rules or formulas to guide courts or commissions, that determination of value as a rate base is matter of judgment and discretion in each case, Minnesota Rate Cares, 230 U. S. 352, 434, that the statement has come to be believed by reason in part of its much repetition. It is usually accepted as axiomatic. The glorious uncertainty resulting from such an admission will continue so long as judgments of one man or set of men …

Unrecognized Government Or State In English And American Law (Part 1), Edwin D. Dickinson

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From the decision of this novel case, reported as Pelzer v. United Dredging Co., we may infer that the New York courts regard unrecognized Mexico as a sort of legal vacuum. In granting the corporation's motion for judgment on the pleadings, the Supreme Court said: "The administratrix plaintiff is an officer of a foreign court. It is syllogistically true that if the foreign court has no recognized power here she may not assert a right derived through her appointment therefrom. The Mexican government is not de facto here, since recognition alone can make it so. It may have all the …

Divorce Problems In The Conflict Of Laws, Herbert F. Goodrich

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Divorce may be considered as the termination of the legal relationship between husband and wife by an act of the law. With the purely local aspect of legal questions regarding divorce, Conflict of Laws is not concerned. If a husband and wife are married and have their home in one state, legal questions concerning their divorce are local matters only. These will include the grounds for divorce, the particular court in which the action is brought, the procedure to be followed from commencement to termination of the action. In such a case it is only when some question concerning the …

Challenges To The Array, Edson R. Sunderland

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Trial by jury demands impartial jurors as the indispensable basis for public confidence. And the first requisite for obtaining impartiality is indifference on the part of those who select the jury. This was fully recognized at the common law, and ever since the days when jurors ceased to be witnesses and became triers of facts, it was a good objection to the entire panel that the sheriff was not indifferent between the parties in the selection and summoning of the jury. Prejudice on the part of individual jurors could be met by challenges to the polls, but when favor lurked …