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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 ..."

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

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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 …

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, …

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

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No abstract provided.

Case Note, Chandler V. Neff, James Parker Hall

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No abstract provided.

Case Note, In Missouri Ex Rel. Burnes National Bank V. Duncan, James Parker Hall

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No abstract provided.

Case Note, Juneau V. Wisconsin Tax Commission, James Parker Hall

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No abstract provided.

Case Note, United States V. Grossman, James Parker Hall

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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.”

Notice To An Agent Acting Adversely - "Sole Actor", Floyd R. Mechem

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No abstract provided.

The Future Of Michigan's Law School, Henry M. Bates

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An article penned by Dean Bates in anticipation of the opening of the Law School's Lawyers' Club buildings in the following year. Bates does not mention by name the "distinguished alumnus of the University" whose "vision has developed the best-conceived and most effective plan in the history of the legal profession and the interests which it serves." A general narrative "travelogue" of the Law School in 1924.

Substituted Service On Non-Residents, Edward W. Hinton

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No abstract provided.

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."

Some Observations On The Law School Curriculum, James Parker Hall

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No abstract provided.

International Aspects Of Prohibition Enforcement, Edwin D. Dickinson

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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 …

Rights Of Finders, Ralph W. Aigler

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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.

Unrecognized Government Or State In English And American Law (Part 2), Edwin D. Dickinson

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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 …

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 …

Legislation In Vague Or General Terms, Ralph W. Aigler

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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

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.

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 …

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 …

Is A Municipal Fuel Yard A 'Public Service Plant'?, Evans Holbrook

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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 …

Declaratory Judgments, Edson R. Sunderland

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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

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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 …

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

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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

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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

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"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."