Digital Commons Network^™

The Russian Reinsurance Case, Edwin D. Dickinson

Articles

Professor Dickinson's second commentary on Russian Reinsurance Company v. Stoddard and Bankers Trust Company: "The facts in the Russian Reinsurance Company case were without precedent. The Reinsurance Company had been incorporated in Russia in 1899 under a special statute constituting its charter and by-laws.... In 1917 the revolutionary Soviet Government was established in Russia and seven of the eight persons constituting the company's board of directors was driven into exile. In 1918 Soviet decrees nationalized the company, confiscated its property, and apparently terminated its corporate existence. Nevertheless, the exiled directors held meetings in Paris and continued to direct the …

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

Articles

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

Articles

"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."

Co-Operation Between The Judiciary And The Police, John B. Waite

Articles

"The problem in which I have been interested is the reason for the great disproportion between the number of arrests by the police and the number of convictions resulting...." Professor Waite expresses his opinion that judges occasionally thwart police in their lawful activities out of distrust or ignorance of police practices by capriciously interfering with criminal procedure.

Consent In Criminal Assault, Ernst W. Puttkammer

Articles

No abstract provided.

Recent Recognition Cases, Edwin D. Dickinson

Articles

"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."

The Meaning Of Nationality In The Recent Immigration Acts, Edwin D. Dickinson

Articles

Professor Dickinson's commentary on the quotas involved in the Immigration Act of 1921 and of 1924. "Until the more recent enactment the meaning of nationality was obscured in a curious ambiguity ... the Act of 1921 made nationality the basis of the quote plan....

"Whether nationality was used in the scientific sense, however, meaning the character created by allegiance to a recognized nation or state, or whether its significance was arbitrary, referring only to such groupings as might be arranged by census makers or other such administrative officials, remained to be determined by judicial construction."

Professor Dickinson then narrates how …

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

Articles

No abstract provided.

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

Articles

No abstract provided.

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

Articles

"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 ..."

The Law School Library—A Library Of Research For Lawyer, Layman, And Legislator, Arthur S. Beardsley

Articles

We will probably agree that the college or university as a seat of learning must develop and maintain library facilities commensurate with the standing before the world which the institution's progress has earned. The library, and of course we include the law school library, is one of the indices of an educational institution's efficiency, and as such, we expect it to grow and expand by adding to the richness of its collections, material of ever increasing importance and usefulness. We expect the college library to take the lead in gathering for future reference the materials valuable for research which, on …

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

Articles

“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 …

The Michigan Law Review: A Survey, John B. Waite

Articles

"The Michigan Law Review was instituted as a means of special education for those seniors in the Law Department who proved themselves particularly capable of profitting[sic] therefrom. It stands also as an extremely valuable service of the Law School to its alumni and to practicing lawyers in general."

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

Articles

"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...."

The Reform Of Civil Procedure, Edson R. Sunderland

Articles

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."

Change In Entrance Requirements To State University Law School, Henry M. Bates

Articles

“A very important step forward in legal education was taken on January 25th, 1924, when the Regents of the University of Michigan adopted the unanimous recommendation of the law faculty for the raising of entrance requirements to the Law School, as follows ….”

Some Observations On The Law School Curriculum, James Parker Hall

Articles

No abstract provided.

Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson

Articles

Professor Dickinson tackles the subject of non-recognition of governments or states in English and American law: "Pour conclure, voici les propositions de l'auteur. La reconnaissance d'un Gouvernement or Etat etranger est exclusivement une question politique. L'existence d'un Gouvernement ou Etat etranger est exclusivement une question de fait.... C'est une chose deja grave que de voir d'une menace dans les conflits diplomatiques..."

An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland

Articles

Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …

Methods For Relieving Courts Of Last Resort From The Growing Burden Of Appeals, Edson R. Sunderland

Articles

"At the last meeting of the Michigan State Bar Association, held in Detroit in June, 1920, the question of employing an intermediate appellate court in this state, as a means for relieving the Supreme Court and expediting the disposal of appeals, was discussed at some length, and it was thereupon moved and carried that the whole subject be referred to the Committee on Legislation and Law Reform to be investigated, and that the Committee report upon the matter at the next meeting of the Association."

Legal Education And Admission To The Bar, Henry M. Bates

Articles

From Conclusions: "We cannot close this report with some general remarks concerning standards of admission to the bar. An examination of the Proceedings of the American and the various state bar associations during the last few years will show a constant expression of dissatisfaction with the comparatively low standards for admission which prevail ..."

Judicial Statesmen, John B. Waite

Articles

KNOWLEDGE of the Common Law "doth no way conduce to the making of a statesman. It is a confined and topicall kind of Learning calculated only for the Meridian of WestministerHall, and reacheth no further than Dover. Transplant a Common Lawyer to Calice, and his head is no more usefull there than a Sun-dyal in a grave." So an anonymous individual placarded England, some three hundred years ago, in protest against the election of lawyers to Parliament. It is unquestionably true, today, that knowledge of the common law-in its customary connotation of precedent--does not in and of itself make a …

Gratuitous Partial Assignments, Edwin D. Dickinson

Articles

"Is it possible to make an effective and irrevocable assignment by way of gift of part of a close action? There are no obvious reasons why it should not be possible. Gifts of a great variety of valuable rights are favored and protected by law. Why not a gift of part of a chose in action?"

Use Of Indefinite Terms In Statutes, Ernst Freund

Articles

No abstract provided.

Gratuitous Partial Assignments, Edwin D. Dickinson

Articles

Is it possible to make an effective and irrevocable assignment by way of gift of part of a chose in action? There are no obvious reasons why it should not be possible. Gifts of a great variety of valuable rights are favored and protected by the law. Why not a gift of part of a chose in action? An answer deduced from the decided cases is not in all respects as certain and satisfactory as one might anticipate. Perhaps it is not too much to say that the answer is problematical. The problem invites interest, not only because it appears …

Adversary Parties - Same Person As Both Plaintiff And Defendant, Edson R. Sunderland

Articles

Under the regulations promulgated by the Railroad Administration in 1918, all actions for injury to persons or property growing out of the possession or control of any railroad or system of transportation by the Director General of Railroads were required to be brought against the Director General. ORDER No. 50. Some courts refused to follow this order on the ground that it was contrary to the statute creating federal control. Lavalle v. Northern Pacific Railway Company, (1919), 143 Minn. 74; Franke v. Chicago & N. W. Ry. Co., (1919), 170 Wis. 71. But Order No. 50 has been generally observed, …

The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson

Articles

IN one respect, at least, the Peace of Versailles is unlike any of the great European settlements of earlier date. The provisions included to ensure the execution of its terms are vastly more ambitious in scope and more elaborate in detail than anything of the kind contained in earlier treaties. There is an extraordinary emphasis upon organization for the enforcement of peace.

Roman Law In Modern Life And Education, Joseph H. Drake

Articles

"This discussion might be entitled, an experiment in classical education and how it failed... It is in a way an Apologia pro Mea Vita Paedagogica. The excess of ego dixi et meus filius respondit in it may, therefore, perhaps be pardoned by a confession at the outset that it is an account of failure on the part of the speaker to solve a troublesome pedagogical question and a very satisfactory solution of the same problem by one of his colleagues in the Latin Department."

Real Significance Of The Proposed Michigan Beer And Wine Amendment, Edwin C. Goddard

Articles

DISCUSSION of proposed prohibitory amendments to Constitutions, State or Federal, are usually regarded as part of the wet and dry fight in which lawyers are interested only as citizens. Before the recent Cleveland Meeting of the American Bar Association the bar of the country was circularized by a protest, signed by a number of very well known lawyers, urging the bar to take action against putting into the fundamental law, the Constitution, such matters as the regulation of what the people shall drink. These lawyers presented their case at the Cleveland meeting and vigorously attempted to induce the American Bar …

The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson

Articles

THE domicil of persons living under consular jurisdiction in foreign countries presents a problem of unique importance, not only because of the concern which a large number of people have in its proper solution, but also because of its relation to the conception of domicil and to the requisites by which the existence of donricil is to be determined. This problem may be concisely stated in the form of a question as follows: Is it possible for a person residing abroad under consular protection to acquire a domicil of choice in the country of residence? There are no apparent obstacles …