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Michigan Law Review

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Reading From Ancient Chinese Codes And Other Sources Of Chinese Law And Legal Ideas, John Wu Mar 1921

Reading From Ancient Chinese Codes And Other Sources Of Chinese Law And Legal Ideas, John Wu

Michigan Law Review

With the legal profession today there is a growing interest in Vthe study of universal legal ideas. Legal ideas, it would seem, gain strength by extension both in time and in space. ,As ius" gentium is necessarily more congenial to human reason than ius civie, so it may. be said that the laws of all ages are more deep-seated in human nature than those of a particular generation. The scope of comparative jurisprudence, therefore, embraces all the length and breadth of legal scholarship, so that it cannot afford to ignore any materials that may give us light upon the legal …


Administering Justice The Medical Prepossession, Clarence A. Lightner Jun 1919

Administering Justice The Medical Prepossession, Clarence A. Lightner

Michigan Law Review

This quotation is from a recent document coming from con- servative and intelligent sources, recommending as a cure for economic and commercial unrest, and other evils, the creation of a League of National Guilds.


Adminsration Of Justice In The Lake Michigan Wilderness, George Pickard Mar 1919

Adminsration Of Justice In The Lake Michigan Wilderness, George Pickard

Michigan Law Review

There is a strange and quite unassembled story to be told of the part played by the administration of justice in the development of civilization out of the wilderness that surrounded the great Lake Michigan basin. This vast body of fresh water that now serves as an inter-communicating medium for great centers of modem life, was once only a great separating sea between long reaches of forests, infested with Indian tribes. Here and there were little clusters of cabins, inhabited by an adventurous people, who, within the span of two centuries, were submitted to the successive sways of three great …


Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee Mar 1919

Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee

Michigan Law Review

New Trials for Technical Errors - A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55.


Inquiry Concerning Justice, Floyd R. Mechem Mar 1916

Inquiry Concerning Justice, Floyd R. Mechem

Michigan Law Review

Justice, said Daniel Webster, "is the greatest interest of man on earth." Alexander Hamilton, in the Federalist, declared "Justice is the end of government. It is the end of civil society. It has ever been, and ever will be, pursued until it be obtained, or until liberty be lost in the pursuit."


Courts In The Philippines Old New, David Cecil Johnson Feb 1916

Courts In The Philippines Old New, David Cecil Johnson

Michigan Law Review

Administration of justice, involving the settlement of disputes and the punishment of crime, is and always has been a vital function of government; in fact, it might well be said to be the basis of all orderly government. The experiment in government which was begun by the American people when they separated themselves from the domination of England reached a new stage in its development when Admiral Dewey was victorious in Manila Bay on May i, 1898. It is perhaps impossible to determine at this time whether this new stage is to result in an attempt at colonization or in …


The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore Nov 1912

The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore

Michigan Law Review

The multiplying instances of the delay or seeming miscarriage of justice, together with the indications that crime is not diminishing in this country, as it is in most progressive European countries, are responsible for the widespread feeling that American Criminal Law and Administration are ineffective as a corrective system, and thus fail adequately to protect society; that as President Taft puts it, "The administration of criminal law in this country is a disgrace to our civilization." Defective organization of courts, cumbrous and costly procedure and excessive emphasis on technicalities afford an undue advantage to the law-breaker of means and deepen …


The Recall And The Political Responsibility Of Judges, W. F. Dodd Dec 1911

The Recall And The Political Responsibility Of Judges, W. F. Dodd

Michigan Law Review

The movement for the recall of State officers is one which has became important only within the past three or four years. The first application of the recall as a modem institution in the United States appears to have been in Los Angeles in 19o3, where the institution was adopted in the amendment of the charter framed by that city. From Los Angeles the recall as applicable only to municipal officers spread to other California cities, and has now been rather widely adopted in other States. The first State constitutional amendment with respect to the recall, that of California in …


The Judicial Reforms Of The Reign Of Henry Ii, Richard Hudson Mar 1911

The Judicial Reforms Of The Reign Of Henry Ii, Richard Hudson

Michigan Law Review

Inasmuch as this paper is to deal with the judicial reforms of the reign of Henry II, and more particularly with the extension of the jurisdiction of the king's court during that period, we must at the outset, for the purpose of comparison, make a brief study of the courts, their jurisdiction, and their methods of procedure at the close of Saxon and the beginning of Norman times. Mention should first be made of the courts of the hundred and of the shire, for it was in these public local courts, particularly in the former, that in early times justice …


Book Reviews, John R. Rood Feb 1911

Book Reviews, John R. Rood

Michigan Law Review

Bell: The Principles of Argument; Quirós:Modern Theories of Criminality; Gross: Criminal Psychology. A manual for Judges, Practitioners, and Students.;


Some Contributions Of Psychology To The Conception Of Justice, James Tufts Dec 1906

Some Contributions Of Psychology To The Conception Of Justice, James Tufts

Michigan Law Review

The two general standpoints from which all attempts to define justice and rights proceed, are that of the individual and that of the social whole. From the standpoint of the individual, we have such principles as 'to every man according to his deserts,' or 'to every man according to his needs,' as well as the stubbornly surviving principle of natural rights, which is imbedded in our institutions even though discredited by philosophers. From the standpoint of society, we have the principle that justice means the determining of individual relations by the general order and the subordinating of individual to public …


Jurisdiction Over Foreign Ships In Territorial Waters, Charles Noble Gregory Feb 1904

Jurisdiction Over Foreign Ships In Territorial Waters, Charles Noble Gregory

Michigan Law Review

War, says Grotius, "is undertaken for the sake of peace." So discussion is undertaken for the sake of conclusions. If the conclusions are not as definite as could be wished in the present instance, it is hoped that it is not wholly due to the indolence or incompetency of the writer, but in large part to the difficulties presented by the overlapping of municipal and international laws, and by the lack of any final tribunal which can adjust and end differences. Again Grotius, and there is no better authority, quotes approvingly certain rules of mercy as part of the law …


Administrative Powers Of The President, John R. Fairlie Jan 1904

Administrative Powers Of The President, John R. Fairlie

Michigan Law Review

Turning now to those particular branches of administration where the Constitution confers on the President special powers, we shall find that in these fields he has still more ample authority. Not only do the constitutional grants guard him from encroachment on the part of Congress, but they enable him at times to assume a large degree of legislative power.