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Articles 9721 - 9750 of 10018
Full-Text Articles in Entire DC Network
The Reform Of Civil Procedure, Edson R. Sunderland
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."
Some Observations On The Law School Curriculum, James Parker Hall
Some Observations On The Law School Curriculum, James Parker Hall
Articles
No abstract provided.
Legislation In Vague Or General Terms, Ralph W. Aigler
Legislation In Vague Or General Terms, Ralph W. Aigler
Articles
FOR some reason, probably in part the increasing complexity of our life and relationships, but more largely, perhaps, the growing tendency to regulate everybody and everything by positive law, the courts have been called upon with increasing frequency to pass upon the effectiveness of statutes and ordinances phrased in indefinite terms. In a very interesting and valuable paper, Professor Freund has pointed out the weakness and strength, on the one hand, of legislation in general terms, and on the other hand, legislation in which the rule of conduct is attempted to be laid down with precision. His interest apparently lay …
Rights Of Finders, Ralph W. Aigler
Rights Of Finders, Ralph W. Aigler
Articles
Much of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing or situation has in this particular field led to special difficulty.
Is A Municipal Fuel Yard A 'Public Service Plant'?, Evans Holbrook
Is A Municipal Fuel Yard A 'Public Service Plant'?, Evans Holbrook
Articles
In Consumers' Coal Co. et al. v. City of Lincoln, et al. (Neb. 1922) 189 N. W. 643, the supreme court of Nebraska held that a municipal fuel-yard, selling fuel at retail to the inhabitants of the city, was not a "public service plant" authorized by a section of the city charter which empowered the city to acquire, own and operate gas and electric plants, street railways, telephone plants, "and any and all other public service plants and properties, for the purpose of supplying the city and the inhabitants thereof with such service and public utilities." The suit was brought …
Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson
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..."
Rights Of Finders, Ralph W. Aigler
Rights Of Finders, Ralph W. Aigler
Articles
Much of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing or situation has in this particular field led to special difficulty.
An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland
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 …
Unrecognized Government Or State In English And American Law (Part 2), Edwin D. Dickinson
Unrecognized Government Or State In English And American Law (Part 2), Edwin D. Dickinson
Articles
PROBABLY no one in the British Empire or the United States would question the doctrine that it belongs exclusively to the political departments to recognize new governments or states. The difficulties involved are those which arise in the application of a doctrine so broadly stated. Not every situation involving an unrecognized government or state requires the decision of a question of recognition. If the decision of a political question is not involved, then it is entirely proper for the courts to take cognizance of a mere de facto government or state. In what situations may the courts appropriately take account …
Unrecognized Government Or State In English And American Law (Part 1), Edwin D. Dickinson
Unrecognized Government Or State In English And American Law (Part 1), Edwin D. Dickinson
Articles
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
Divorce Problems In The Conflict Of Laws, Herbert F. Goodrich
Articles
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
Challenges To The Array, Edson R. Sunderland
Articles
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 …
Declaratory Judgments, Edson R. Sunderland
Declaratory Judgments, Edson R. Sunderland
Articles
The Connecticut legislature passed an act in 1921 authorizing courts to make binding declarations of rights. The act was attacked as unconstitutional on the same ground raised by the supreme court of Michigan against the Michigan Declaratory Judgment Act in the case of Anway v. Railway Co., 211 Mich. 592, 12 A. L. R. 26i namely, that declaring rights was not a judicial function. But the Supreme Court of Errors of Connecticut sustdined the act as in no way contravening the constitution.
Teaching Of International Law To Law Students, Edwin D. Dickinson
Teaching Of International Law To Law Students, Edwin D. Dickinson
Articles
A point to be noted at the outset, in any discussion of the teaching of international law to law students, is the relatively unimportant place which the subject occupies in the law student's program of study. The students in our law schools are tolerant of the interest which others manifest in international law. Indeed they are themselves greatly interested. They concede freely that it occupies an important place in the general scheme of things. But most of them feel that professional students cannot afford the time for even an introductory course. It results that courses in international law included in …
International Aspects Of Prohibition Enforcement, Edwin D. Dickinson
International Aspects Of Prohibition Enforcement, Edwin D. Dickinson
Articles
The Eighteenth Amendment to the Federal Constitution prohibits "the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes." 40 Stat. io5O, 1941. In the National Prohibition Cases. 253 U. S. 350, 386, the amendment was said to be operative "throughout the entire territorial limits of the United States." As originally enacted, the National Prohibition Act did not in terms define its territorial field, but a supplemental provision afterwards enacted declares that the act "shall apply not only to …
Methods For Relieving Courts Of Last Resort From The Growing Burden Of Appeals, Edson R. Sunderland
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."
Basis Of Relief From Penalties And Forfeitures, Edgar N. Durfee
Basis Of Relief From Penalties And Forfeitures, Edgar N. Durfee
Articles
The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that he does not waive it, yet all such stipulations …
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Articles
With the purely local phases of the law governing the relation of husband and wife, Conflict of Laws has no concern. Nor do we deal with Public International Law problems, such as the question of expatriation by marriage. We are concerned with two questions: first, what law governs the creation of the marriage relation; and second, the recognition and protection to be given the relation and incidents arising therefrom, under the law of states other than that in which the relationship was created.
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Articles
MENTAL pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone. Lord Wensleydale's famous dictum in Lynch v. Knight will serve as a starting point for this discussion. His lordship's notion of mental pain is evidently that of a "state of mind" or feeling, hidden in the inner consciousness of the individual; an intangible, evanescent something too elusive for the hardheaded workaday common law to handle. Likewise, in that very interesting problem regarding recovery for damages sustained through fright, it is always assumed, tacitly or expressly, that mere …
The United States And World Organization, Edwin D. Dickinson
The United States And World Organization, Edwin D. Dickinson
Articles
On what conditions should the United States enter a world organization for the maintenance of peace? Viewing the question broadly, should not the United States enter world organization upon one condition, namely, that the organization give promise of the utmost achievement in the maintenance of peace? Unless we are prepared to repudiate the avowals of our statesmen and reverse what is perhaps the oldest and most fundamental tradition of our foreign policy, can we consistently insist upon any other condition than this one?
Mutuality In Specific Performance, Edgar N. Durfee
Mutuality In Specific Performance, Edgar N. Durfee
Articles
Prior to the present century, the subject of mutuality in specific performance was an unsolved puzzle. The decisions of the courts were in the main wise, but the attempts both of courts and text writers to formulate a statement of the principle governing these decisions were far from happy. After two centuries of litigation and discussion, the current formula was that the remedy must be mutual, must be equally available to both parties. The worst fault of this formula was its plausibility. Equality is equity, and perfect equality between the parties to a contract is not attained unless remedies are …
Declaratory Judgments, Edson R. Sunderland
Declaratory Judgments, Edson R. Sunderland
Articles
The subject of declaratory judgments has received a great deal of attention in the United States during the last few years, and the interest aroused has resulted in the enactment of statutes in a considerable number of states authorizing courts to declare the rights of parties in cases where relief of the conventional sort is inadequate, inconvenient or impossible. Such judgments may now be obtained in California, St I92I, ch. 463; Connecticut, P. A. 1921, ch. 258; Florida, Laws 1919, No. 75; Hawaii, Laws 1921, Act 162; Kansas, Laws 1921, cl. 168; New Jersey, Laws 1915, ch. 116, Sec. 7; …
Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich
Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich
Articles
It is one thing to know a general rule of common law. It is another to know the application of the general rule, its variations and-exceptions, in a particular state. Both are important. Without the first, the lawyer becomes the mere tradesman. Worse than that for him, he is often helpless, for with all the gray mule and spotted cow cases to which a benevolent digester directs him he does not sense the legally significant facts so that he can recognize an authority when he sees it. Without the second, even the lawyer with a grasp of fundamentals is at …
Judicial Statesmen, John B. Waite
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 …
Rules Of Warfare, Edwin D. Dickinson
Rules Of Warfare, Edwin D. Dickinson
Articles
Professor Dickinson anticipates the 1921 Conference of Washington on arms control and limitation in light of the recent world war and the special situations in the Far East. "War is abnormal, the negation of law and order, the exaltation of force..... This does not mean that codes of war law, so called, have no place or function ...."
Gratuitous Partial Assignments, Edwin D. Dickinson
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?"
Right To A Judicial Review In Rate Controversies, Ernst Freund
Right To A Judicial Review In Rate Controversies, Ernst Freund
Articles
No abstract provided.
Use Of Indefinite Terms In Statutes, Ernst Freund
Free Speech In War Time, James Parker Hall
The Newberry Case, Ralph W. Aigler
The Newberry Case, Ralph W. Aigler
Articles
Senator Newberry of Michigan and sixteen others were convicted in the United States District Court on the charge that they "unlawfully and feloniously did conspire, combine, confederate, and agree together to commit the offense [in the Newberry indictment] on his part of wilfully violating the act of Congress approved June 25, 1910, as amended, by giving, contributing, expending, and using and by causing to be given, contributed, expended and used in procuring his nomination and election at said primary and general elections, a greater sum than the laws of Michigan permitted and above ten thousand dollars," etc. The Act of …