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Articles 10111 - 10140 of 10159
Full-Text Articles in Entire DC Network
Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus
Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus
Articles
PRESIDENT BUTLER of Columbia University is reported to have said in an address before the New York Chamber of Commerce in 1911, that "the limited liability corporation is the greatest single discovery of modem times, whether you judge it by its social, by its ethical, by its industrial, or, in the long run--after we understand it and know how to use it,--by its political, effects." 1
Jurisprudence: A Formal Science, Joseph H. Drake
Jurisprudence: A Formal Science, Joseph H. Drake
Articles
Holland defines jurisprudence as "the formal science of positive law". The meaning of science is plain enough. A good many pages are devoted to the elucidation of the words "positive" and "law," but the term "formal" he explains only by analogy. As there is a formal science of grammar to which belongs, for example, the concept of possession, which has its material manifestation in Latin grammar in a genetive termination and in English grammar in the preposition "of," so there is a formal science of law, material manifestations of whose fundamental principles are found in various systems of actual legal …
Constitutionality Of Teachers' Pensions Legislation, Horace Lafayette Wilgus
Constitutionality Of Teachers' Pensions Legislation, Horace Lafayette Wilgus
Articles
To arrive at a safe conclusion as to the validity of legislation. providing for teachers' pensions requires some consideration of all pension legislation. A pension is defined by BOUVIER as "A stated and certain allowance granted by the government to an individual, or those who represent him, for valuable services performed by him for the country;"1 "a periodical allowance of money granted by the government for services rendered;"2 "a stated payment to a person in consideration of the past services of himself or of some kinsman or ancestor;"3 "an annuity from the government for services rendered in the past;"4 "a …
Popular Discontent With Law And Some Proposed Remedies, Henry M. Bates
Popular Discontent With Law And Some Proposed Remedies, Henry M. Bates
Articles
That the practice of law and the administration of justice are under the fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and what are we lawyers going to …
The Department Of Law And The State, Henry M. Bates
The Department Of Law And The State, Henry M. Bates
Articles
We are living in a period of extraordinary unrest. The spirit of criticism is prevalent, and no belief or creed, no institution is exempt from this questioning spirit of the time. Among social institutions perhaps none is being more relentlessly subjected to attack than the law as administered in our courts and practiced by our lawyers. It is true that much of the criticism leveled at legal institutions is unreasonable and is based upon ignorance or prejudice, but there remains a residuum of complaint which is well founded. In the very nature of things law and its administration always have …
The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
Articles
Procedure is merely the means of co-ordinating effort, of harmonizing differences, of offering every one equality of opportunity in offense and defense before the law. Without it there would be confusion, favoritism, and injustice. If the subject were viewed in this fundamental way, and were studied conscientiously as an incident and aid to the development and determination of the merits of controversies, the criticisms now so fiercely directed against it would largely disappear. In its use it is indispensable, in its abuse only does it cause trouble. A professional conscience to curb that abuse, and professional learning and skill to …
Unifying Tendencies In American Legislation, Ernst Freund
Unifying Tendencies In American Legislation, Ernst Freund
Articles
No abstract provided.
The Art Of Legal Practice, Edson R. Sunderland
The Art Of Legal Practice, Edson R. Sunderland
Articles
In one respect the law is the most perplexing subject with which a man can deal. It shifts and changes so rapidly that only a nimble and diligent student can keep abreast of it. One is likely to wake up any morning and find that the legislature has repealed a good part of what he knows, and he is in constant danger of having his most carefully formed opinions completely upset by a new decision of the Supreme Court. These violent changes are not due to any new discoveries, such as constantly enliven the scientific world, but merely to the …
The Four Year Course In The Department Of Law, Henry M. Bates
The Four Year Course In The Department Of Law, Henry M. Bates
Articles
The present year has witnessed the final step in the establishment of the new entrance requirement to the Law Department which was undertaken by the Faculty and Regents several years ago. This, in effect, provides that every student in the Law Department from now on shall have had at least one year in the Literary Department, or its equivalent elsewhere, and places the course of the Law Department practically upon the four year basis of the other schools in the University.
The Law In Its Relation To Morals And Religion, Edwin C. Goddard
The Law In Its Relation To Morals And Religion, Edwin C. Goddard
Articles
"Man is a religious being... Man has never lived to himself alone. His natural state has ever been a social one, in which development and enjoyment became possible only by mutual inter-dependence and social intimacy. Government is not an invention, not a necessary evil to which men submit. On the contrary... it has been man's natural instrument for controlling and developing the social estate so essential to his very existence ... [a]nd universally this government has been more or less closely related to religious institutions."
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Articles
We have constructive fraud, constructive trusts, constructive notice, and why not constructive contract, a contractual obligation existing in contemplation of law, in the absence of any agreement express or implied from facts? With this apology we shall use the term quasi contract as covering an obligation created by law and enforceable by an action ex contractu. We are not for the present interested in the circumstances which may give rise to this obligation as between individuals; nor as between an individual and a private corporation, or quasi public corporation, so-called, as a railroad or other public utility. In these cases …
Pleading Estoppel, W. Gordon Stoner
Pleading Estoppel, W. Gordon Stoner
Articles
No subject is fraught with more difficulties for the pleader than that of estoppel. The problems of "when" and "how" to plead seem never so perplexing as when they arise in connection with this subject. That these problems are not confined to any day or age is evidenced by the reports from the time of Lord COKE down to the latest advance sheets of the present day reporter systems, and the lawyers of no generation have been wholly agreed on their solution. No system of pleading yet established has been free from these questions and with each general change in …
Constitutional Limitations And Labor Legislation, Ernst Freund
Constitutional Limitations And Labor Legislation, Ernst Freund
Articles
No abstract provided.
Liability Of An Agent To Third Persons In Tort, Floyd R. Mechem
Liability Of An Agent To Third Persons In Tort, Floyd R. Mechem
Articles
No abstract provided.
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Articles
Along with the condemnation of the divorce evil has gone a very general disposition to condemn our divorce laws as being responsible for the evil. The committee on resolutions of the Congress on Uniform Divorce Laws in its report to the Congress at its adjourned session in Philadelphia, November 13, 1906, speaks of the "many evils engendered by the lax and unphilosophic system prevailing in many of the states."3 On this phase of the question also our late president gave his views in his special message to Congress on January 30, 1905, in the following words: "There is a wide-spread …
Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner
Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner
Articles
"The existence and the alteration of human institutions," says DICEY, "must in a sense, always and everywhere depend upon the beliefs or feelings, or, in other words, upon the opinion of the society in which such institutions flourish."1 Undoubtedly, law, as much as any other human institution, has felt this influence of public opinion. The political, economical and ethical ideals of a people find expression in their laws. True it is that public opinion is usually, if not always, in the lead, but in a truly happy and contented society the distance is never great. As MAINE says, in progressive …
Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins
Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins
Articles
Right to practice medicine regulated by statute.--In the absence of a statute upon the subject, any person is at liberty to practice medicine or surgery or both. This is the common law. And yet in the absence of a statute the physician necessarily assumes certain responsibilities that grow out of his relation to those whom he treats. He is bound to bring to the discharge of his duties the learning, skill and diligence usually possessed and exercised by physicians similarly situated. In other words, while in the absence of statutory regulation, the door of the profession is open to all, …
The Art Of Legal Practice, Edson R. Sunderland
The Art Of Legal Practice, Edson R. Sunderland
Articles
In one respect the law is the most perplexing subject with which a man can deal. It shifts and changes so rapidly that only a nimble and diligent student can keep abreast of it. One is likely to wake up any morning and find that the legislature has repealed a good part of what he knows, and he is in constant danger of having his most carefully formed opinions completely upset by a new decision of the Supreme Court. These violent changes are not due to any new discoveries, such as constantly enliven the scientific world, but merely to the …
The Law Teacher--His Functions And Responsibilities, Harry B. Hutchins
The Law Teacher--His Functions And Responsibilities, Harry B. Hutchins
Articles
The notion that the teaching of the law is quite as much a profession as is the practice of it, and that it demands an intellectual equipment of a high order, is probably gaining ground. It is fully recognized by those who understand what systematic legal education, as carried on to-day in our leading law schools, really is. But as yet the majority of laymen, and very many lawyers, probably most lawyers who were educated under the old regime as well as most of those who have come to the bar through the law office, fail to appreciate the full …
Legal Education In The United States, Horace Lafayette Wilgus
Legal Education In The United States, Horace Lafayette Wilgus
Articles
The origin of law schools is lost in antiquity. It is probable there were advocates in Babylonia,1 and schools for the education of judges and scribes (perhaps the ancestral lawyers) in Egypt,2 more than 2000 years B.C. The Civil Code of Deuteronomy was published 621 B.C.,3 and soon afterward schools of the prophets were formed for its study.4 When Ezra left Babylon for Jerusalem (485 B.C.) he "set his heart * * * to teach in Jerusalem statutes and judgments,"5 and the ruins of his school could be seen by the law students at Husal, 500 years later.6 It is …
Opportunities And Responsiblities Of American Law Schools, Floyd R. Mechem
Opportunities And Responsiblities Of American Law Schools, Floyd R. Mechem
Articles
No abstract provided.
Thomas Mcintyre Cooley, Jerome C. Knowlton
Thomas Mcintyre Cooley, Jerome C. Knowlton
Articles
In the early fifties, there were four young men practicing at the bar of the State of Michigan who became so influential during the formative period in the jurisprudence of the state that we cannot name one of them without thinking of the others. James V. Campbell, Isaac P. Christiancy, Thomas M. Cooley and Benjamin F. Graves came from New York parentage and from New England stock. The three last named received their education in the primary schools and academies of New York. As young men seeking their future they came west and settled in different parts of this state. …
Humanistic, And Particularly Classical, Studies As A Preparation For The Law, Harry B. Hutchins
Humanistic, And Particularly Classical, Studies As A Preparation For The Law, Harry B. Hutchins
Articles
Aside from the elementary branches, no particular subject is absolutely essential as a basis for the study and practice of the law. In this respect the law occupies a place somewhat different from that of the other learned professions. The student and practitioner of medicine must of necessity get a substantial scientific foundation for his professional work. This for him is an absolutely essential prerequisite. For the professional courses in engineering a special and definite scientific preparation must be made; without it nothing but the most ordinary work in engineering can be accomplished. And it is probable that for theology, …
What Is The Practice Of Medicine?, Harry B. Hutchins
What Is The Practice Of Medicine?, Harry B. Hutchins
Articles
In a popular sense, and as ordinarily understood the practice of medicine is the applying of medical or surgical agencies for the purpose of preventing, relieving, or curing disease, or aiding natural functions, or modifying or removing the results of physical injury. Stewart v. Raab, 55 Minn. 20, 56 N. W. Rep. 256. But in some relations, and for some purposes, the expression has a more extended meaning. This is to be found sometimes in statutory provisions, sometimes in the decisions of the courts upon questions involving the construction of the expression and sometimes in both. Medical acts not infrequently …
Founding Of The College Of Law Of The Ohio State University, Horace Lafayette Wilgus
Founding Of The College Of Law Of The Ohio State University, Horace Lafayette Wilgus
Articles
It is proper for me to say, in the beginning, that I have been delegated to bear, and I have the honor to present to the College of Law of the Ohio State University, upon this occasion the sincere congratulations and most hearty good wishes of the largest University Law School in the United States--the Department of Law of the University of Michigan. In addition to this, it is with much satisfaction, and is a very great personal pleasure, that I have the privilege of joining in the festivities of this dedication of the beautiful Temple of Themis, wherein the …
Thomas Mcintyre Cooley, Harry B. Hutchins
Thomas Mcintyre Cooley, Harry B. Hutchins
Articles
The Department of Law of the University was opened in the fall of 1859. The wisdom of the step was doubted by many, and it cannot be said to have had the hearty support of the profession of the State. Systematic legal education through the instrumentality of formal instruction was in its infancy. It was practically unknown in the west, for outside of New England and New York there was at the time no law school of standing and influence. The profession generally, the country over, had little sympathy with any method of training for the bar excepting the historic …
Law As A Culture Study, Edson R. Sunderland
Law As A Culture Study, Edson R. Sunderland
Articles
That acute observer and commentator on American institutions, James Bryce, in an oft-quoted statement in his American Commonwealth, pays a high tribute to the efficiency of American law schools. "I do not know if there is anything," he writes, "in which America has advanced more beyond the mother country than in the provision she makes for legal education." In passing this generous judgment, in which many other eminent Englishmen have concurred, he views our law schools simply as institutions for developing technical proficiency among students destined to fill the ranks of the legal profession. And this is, indeed, the principal …
The Compensation Of Medical Witnesses, Harry B. Hutchins
The Compensation Of Medical Witnesses, Harry B. Hutchins
Articles
The power to compel testimony is inherent in every court, for without it justice could constantly be thwarted. Generally all persons may be compelled to give evidence that is relevant to the matter in controversy. If, therefore, a person who has been duly summoned as a witness at a particular trial absents himself therefrom, without just cause, or attending, refuses to give evidence or to answer questions when directed so to do by the court, he is liable to punishment for contempt.1 But there are limitations upon the general rule, some based upon principles of legal policy and some upon …
Practice Work And Elective Studies In Law Schools, James Parker Hall
Practice Work And Elective Studies In Law Schools, James Parker Hall
Articles
No abstract provided.
Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem
Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem
Articles
No abstract provided.