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Articles 1 - 30 of 31
Full-Text Articles in Law
Appeal And Error-Jury Trial-Power Of Appellate Court To Reverse And Enter Final Judgement Without Granting A New Trial
Indiana Law Journal
No abstract provided.
Rules For Civil Procedure In The United States District Courts: Pre-Trial Procedure, Albert H. Cole
Rules For Civil Procedure In The United States District Courts: Pre-Trial Procedure, Albert H. Cole
Indiana Law Journal
No abstract provided.
Rules For Civil Procedure In The United States District Courts: Trial Procedure, Arthur L. Gilliom
Rules For Civil Procedure In The United States District Courts: Trial Procedure, Arthur L. Gilliom
Indiana Law Journal
No abstract provided.
Limitation Of Actions - Contempt Proceedings, Menefee D. Blackwell
Limitation Of Actions - Contempt Proceedings, Menefee D. Blackwell
Michigan Law Review
The application of statutes of limitation to proceedings for criminal or civil contempt involves some obscurity and confusion in the modern cases. Legislation has rarely provided expressly for the limitation of contempt proceedings, and their hybrid character has made it difficult to rely with confidence on analogies. The modern tendency of courts has been to differentiate between criminal and civil contempts for many purposes. While the tests for distinguishing civil and criminal proceedings are not yet clear, it seems that the application of limitation acts depends very largely on this distinction.
The Development And Evaluation Of Judicial Review [Part 3], C. Perry Patterson
The Development And Evaluation Of Judicial Review [Part 3], C. Perry Patterson
Washington Law Review
This Is the concluding portion of Mr. Patterson's continued article. The first portion, in the Journal for January, 1938, covered the background of the theory of judicial review in the Federal Constitution. In the April issue he indicated the manner of incorporating the principle in the Constitution, and in the current installment he shows the wide use of judicial review and discusses its significance.
Briefs Improved Under New Rule: "Statements Of Questions Involved" Effectively Used During September Term, Although Some Misunderstanding Remains, Anon
Washington Law Review
A survey by this journal of briefs filed in the September term of court under this new subsection of Rule 16 indicates that while the purpose and effect of this rule are well understood and properly applied by the majority of appellants presenting briefs during the current term of the Supreme Court, a considerable number of brief writers did not employ this rule as properly and usefully in the interest of their clients and of the understanding of the court as might have been hoped. Some lawyers apparently did not make use of their opportunity to study the preliminary explanation …
What Shall The Trial Judge Tell The Jury About Presumptions?, Charles T. Mccormick
What Shall The Trial Judge Tell The Jury About Presumptions?, Charles T. Mccormick
Washington Law Review
I have been asked to add a comment upon the subject of presumptions, comprehensively dealt with in a recent article in this review. My discussion will be summary and selective, and will be devoted to certain practical questions suggested by a late decision of the Supreme Court of the United States, and by some recent cases in the Supreme Court of Washington. These questions relate to the manner in which the trial judge shall deal in his instructions with such presumptions as may have arisen from the evidence in the case.
Rationale Of The Rule In Shelley's Case In Indiana, Addison M. Dowling
Rationale Of The Rule In Shelley's Case In Indiana, Addison M. Dowling
Indiana Law Journal
No abstract provided.
Injunctions - Courts - Labor Law - Power Of A State Court To Enjoin National Labor Relations Board Officials, Amos J. Coffman
Injunctions - Courts - Labor Law - Power Of A State Court To Enjoin National Labor Relations Board Officials, Amos J. Coffman
Michigan Law Review
The Circuit Court of Washtenaw County, Michigan, recently issued an injunction enjoining the regional officials of the National Labor Relations Board from holding a scheduled hearing in Ann Arbor, Michigan. The injunction was issued on the theory that if any unfair labor practices were being practiced by the Ann Arbor Press (a local job printer charged with violating the act) they did not affect interstate commerce and hence were not within the jurisdiction of the board. The injunction was at least temporarily effective. The hearing was not held in Ann Arbor. The regional office of the board in Detroit withdrew …
Constitutional Law - Federal Courts - Law To Be Applied In Cases Of Diversity Of Citizenship - Swift V. Tyson Overrule, Frank B. Stone
Constitutional Law - Federal Courts - Law To Be Applied In Cases Of Diversity Of Citizenship - Swift V. Tyson Overrule, Frank B. Stone
Michigan Law Review
A recent personal injury case, Erie Railroad v. Tompkins, arose in the federal district court, based upon diversity of citizenship, in which the defendant urged that state judicial decisions of Pennsylvania, the locus delicti, imposed no liability on it for negligence to trespassers. The plaintiff denied that such was the Pennsylvania law and alternatively replied that the issue of law was one to be determined by the federal court without regard to the law of Pennsylvania. On April 25, 1938, a verdict for the plaintiff was unanimously set aside by the Supreme Court. Two members, Justices Butler and McReynolds, …
Appeal And Error - Effect Of Rule That Appellate Court Can Take Notice Of The Failure Of The Defendant To Testify, Michigan Law Review
Appeal And Error - Effect Of Rule That Appellate Court Can Take Notice Of The Failure Of The Defendant To Testify, Michigan Law Review
Michigan Law Review
In affirming a conviction on an indictment for conspiracy to cheat and defraud, the Illinois Appellate Court, an intermediate court of appeals, decided that the evidence was sufficient to justify the jury in concluding that the representations made by the defendants were false. The defendants brought error to review the judgment of the Appellate Court, one ground being that in considering the sufficiency of the evidence, the Appellate Court took notice of the fact that the defendants failed to take the stand and explain the representations. Held, it was not error for the Appellate Court on review to consider …
Courts - Judicial Ethics - Broadcast Of Murder Trial, Michigan Law Review
Courts - Judicial Ethics - Broadcast Of Murder Trial, Michigan Law Review
Michigan Law Review
A microphone was installed in a court room with consent of the trial judge and counsel, for a direct broadcast of a murder trial. Prisoner's counsel, in his argument to the jury, made certain remarks concerning the plaintiff, state's witness, which the latter claimed were libelous per se. Joining as defendants the trial judge, counsel for the alleged felon, and the director of the radio station, plaintiff asserted that the installation of the equipment was an "extrajudicial and illegal" act. Defendant trial judge's motion for non-suit was granted at the close of plaintiff's case, The case was submitted to the …
Jurors - Disqualification For Relationship To Parties - Who Are Parties, James H. Kilbourne
Jurors - Disqualification For Relationship To Parties - Who Are Parties, James H. Kilbourne
Michigan Law Review
Defendant was convicted of grand larceny. His motion for a new trial on the ground that one of the jurors was disqualified for implied bias because she was the mother of a deputy prosecuting attorney of the county was denied. Defendant appealed. Held, there was no error in denying the motion, for the juror was not disqualified. State v. Peterson, 190 Wash. 668, 70 P. (2d) 306 (1937).
Libel And Slander - Privilege - Broadcasting A Trial, Michigan Law Review
Libel And Slander - Privilege - Broadcasting A Trial, Michigan Law Review
Michigan Law Review
A microphone was installed in the courtroom, with consent of the judge and counsel, for the purpose of broadcasting a murder trial. Prisoner's attorney, in his closing argument to the jury, made remarks concerning the plaintiff, state's witness, which the latter claimed were defamatory. Joining as defendants the trial judge, counsel for the alleged felon, and the director of the radio station, plaintiff alleged the utterances were libelous per se. The trial judge's motion for non-suit was granted at the close of the plaintiff's case. As to the other defendants, on appeal, held, with one judge dissenting, that counsel …
Waters And Watercourses - Extent Of Riparian Land -Compensation On Condemnation, G. M. Stevens
Waters And Watercourses - Extent Of Riparian Land -Compensation On Condemnation, G. M. Stevens
Michigan Law Review
In a recent case compensation was sought for the taking of riparian land for public use. The Supreme Court of Nebraska held that the award should be limited to damages to those sections of land {by the government plat) bordering on the stream. A decision note in this REVIEW criticized that ruling. It was there said that proximity to riparian land might add value even to non-riparian land. Later a rehearing of the case was granted and a new opinion filed. Held, "damages . . . are not limited to governmental sections a part of which is included in …
The Development And Evaluation Of Judicial Review [Part 2], C. Perry Patterson
The Development And Evaluation Of Judicial Review [Part 2], C. Perry Patterson
Washington Law Review
In the previous portion of this article, Mr. Patterson attributed the American Revolution to the tyrannies resulting from the failure of the British government to provide for judicial review of acts of the central government as well as of the acts of the local governments. After noting a resulting desire among the former colonists to substitute constitutional supremacy for legislative supremacy, Mr. Patterson observed the use of judicial review in the courts of several of the states prior to the Convention of 1787, pointed out the embodiment of its principles in the enactments of the Congress of the Confederation in …
The Lookout: The Lookout Reports That These Questions Are Now Before The Supreme Court, Anon
The Lookout: The Lookout Reports That These Questions Are Now Before The Supreme Court, Anon
Washington Law Review
The Journal expects to establish "The Lookout" as a regular department to keep the Bar advised as to interesting and important questions pending in the Supreme Court of this state. The information is not furnished by the Court but is compiled from the briefs now on file with the clerk. The Journal suggests that attorneys desiring more complete information should communicate with counsel. This does not purport to be a complete survey of all questions now pending, but if the Bar evidences sufficient interest in this service it will be extended to include, as far as possible, all questions pending …
The New Federal Rules And Indiana Procedure (Part Ii), Bernard C. Gavit
The New Federal Rules And Indiana Procedure (Part Ii), Bernard C. Gavit
Indiana Law Journal
No abstract provided.
The Mind Of The Juror, Stephen Ailes
Equity - Contempt - Duration Of Imprisonment, Michigan Law Review
Equity - Contempt - Duration Of Imprisonment, Michigan Law Review
Michigan Law Review
Defendant, a trustee, refused to comply with a court order to turn over certain property to a receiver appointed by the court. She also refused to answer proper questions in a proceeding before a master. She was committed for contempt on January 5, 1934, to be held in jail till she complied with the court order and answered the questions. Her petition for release in July, 1937, was denied. Held, petition properly denied. Tegtmeyer v. Tegtmeyer, (Ill. App. 1937) 11 N. E. (2d) 657.
Jury - False Or Misleading Answers On Voir Dire As Grounds For A New Trial, James H. Kilbourne
Jury - False Or Misleading Answers On Voir Dire As Grounds For A New Trial, James H. Kilbourne
Michigan Law Review
Defendant, a striking employee, was convicted of breach of the peace arising out of an assault on non-striking employees. Immediately preceding his trial the jurors had been interrogated on voir dire in a similar case. Counsel for defendant stated he would rely in part on that examination. In it the jurors had been asked whether they had either friends or relatives working at the strike-bound plant. Juror A failed to disclose that his brother was a non-striking employee, though he admitted his niece was. Juror B failed to disclose that a friend who had previously lived with him for a …
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Michigan Law Review
No doubt overhauling is needed. However, a consistent and rational theory for the integration of the independent agencies with the remainder of the governmental structure is a condition precedent to an intelligent overhauling. This article constitutes a groping for such a theory. First, I shall discuss some of the more significant attacks which have been made in recent years upon modern administrative organization. Then, the reasons for these attacks will be examined and appraised, for they reveal certain pathological conditions which need excision. Finally, and with all due deference to the other remedies that have been suggested, I shall venture …
Federal Courts - Procedure For Determining Jurisdiction Ab Facto - Burden Of Pleading And Proof, Richard B. Maxwell
Federal Courts - Procedure For Determining Jurisdiction Ab Facto - Burden Of Pleading And Proof, Richard B. Maxwell
Michigan Law Review
Since the beginning of our government it has been recognized that the federal courts are courts of limited jurisdiction. At an early date it was decided that because of this the plaintiff must state in his complaint the facts upon which the jurisdiction depended. The reason given in support of this rule, which is still the unquestioned law, is that there is no presumption of jurisdiction in courts which have only limited jurisdiction, but it is presumed not to exist unless its existence be shown upon the record. When the plaintiff sustained his burden of pleading the jurisdictional facts, his …
Criminal Law-Effect Of Breach Of Duty By Ministerial Officer-Sentences Of State And Federal Courts
Criminal Law-Effect Of Breach Of Duty By Ministerial Officer-Sentences Of State And Federal Courts
Indiana Law Journal
No abstract provided.
Proposed Rule Requiring Appellant In All Briefs Filed In The Supreme Court To Make On The First Page Of The Brief A "Statement Of Questions Involved", Alfred J. Schweppe
Proposed Rule Requiring Appellant In All Briefs Filed In The Supreme Court To Make On The First Page Of The Brief A "Statement Of Questions Involved", Alfred J. Schweppe
Washington Law Review
With a view to facilitating the most adequate and detailed consideration, in the State Supreme Court, of each case from the standpoint of the litigants, their counsel, and the public, the Judicial Council has under consideration a proposal to recommend to the State Supreme Court a rule of appellate practice requiring the appellant at the very commencement of his brief to make a "statement of questions involved." This practice has been found in the State of Pennsylvania to give most excellent results. It has been referred to in numerous cases. In order to show how this practice actually works, there …
The Development And Evaluation Of Judicial Review [Part 1], C. Perry Patterson
The Development And Evaluation Of Judicial Review [Part 1], C. Perry Patterson
Washington Law Review
The doctrine of judicial review is as much a principle of the Constitution as the principle of federalism or the doctrine of separation of powers and checks and balances. It is a far more definite power than the powers of Congress or those of the President. It should be remembered that the Constitution nowhere mentions federalism, separation of powers, checks and balances, national supremacy or concurrent powers, taxation for only a public purpose, business affected with a public interest is subject to regulation, contracts involving governmental powers are null and void, neither the national government nor the states can tax …
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
The Logan Bill, Gregory Hankin
Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell
Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell
Michigan Law Review
The effect of a general appearance by the defendant following a default judgment rendered without jurisdiction over the person of the defendant has been again raised by the recent Wisconsin case of Schwantz v. Morris. In this case the original judgment was invalid for lack of jurisdiction over the defendants, but the Supreme Court of Wisconsin held, that by joining non-jurisdictional grounds with jurisdictional grounds in a motion to set the judgment aside, the defendants had waived any defects in or objections to the jurisdiction of the court and that this waiver related back to the time of the …
Expansion Of Federal Supervision Of Securities Through The Inquisitional And Census Powers Of Congress-A Suggestion, Kenneth Rush
Expansion Of Federal Supervision Of Securities Through The Inquisitional And Census Powers Of Congress-A Suggestion, Kenneth Rush
Michigan Law Review
The Securities Act and the Securities Exchange Act, principally through the means of compulsory disclosure of information, are intended to aid the investing public in evaluating securities and to prevent the undue influencing of their value, market price and sale. These ends are undoubtedly worth seeking in their entirety, but such is the nature of our federal system that the acts, being founded upon the powers of Congress over the facilities of interstate commerce and of the mails, purport to relate only to transactions in securities involving use of those facilities.