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Articles 9061 - 9090 of 9247
Full-Text Articles in Law
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
This department undertakes to note or review briefly current books on law and matters closely related thereto.
Judgment Non Obstante Veredicto, Leo Carlin
Judgment Non Obstante Veredicto, Leo Carlin
West Virginia Law Review
No abstract provided.
The Assignment Of Errors In Appellate Briefs, Harry R. Venables, John Veblen
The Assignment Of Errors In Appellate Briefs, Harry R. Venables, John Veblen
Washington Law Review
Few subjects have troubled courts more and legal writers less than faulty assignments of error. Since the subject has received little attention outside the reports themselves, there has developed a mass of hitherto unassimilated case authority which, because of its size, is an obstacle rather than an aid to courts and attorneys. This article is the product of a survey of those cases. It will add little to the general store of information on the subject, but it is designed to do two things: (1) call the attention of the Bar to some of the clearer and better written discussions …
Is Law Disappearing?, Charles E. Clark
Substance And Procedure In Rule Making, Thomas H.S. Curd
Substance And Procedure In Rule Making, Thomas H.S. Curd
West Virginia Law Review
No abstract provided.
Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin
Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin
Michigan Law Review
We have already become familiar with Johnson's awareness of the unconsciousness of mankind "of the shackles which superstition and tyranny had thrown around" it. He was also sensitive to the part which the law had played in preserving such a state of affairs. His keen and analytic mind was unwilling to accept as final what he knew was the illusive mirage of reality. The situation was a frustrating one-so much so that few minds today are prepared to accept the challenge which such a dynamic attitude entailed for him. He began anticipating beyond the capacities of the minds of those …
A La Opinión Publica: El Caso Hipódromo Oriental Park - Gran Casino Nacional Y Balneario La Concha, Sindicato Territorial De La Habana
A La Opinión Publica: El Caso Hipódromo Oriental Park - Gran Casino Nacional Y Balneario La Concha, Sindicato Territorial De La Habana
Mario Diaz Cruz Pamphlets
Información histórica y jurídica.
Have We Lost The Ball?, Clarence Emmett Manion
Have We Lost The Ball?, Clarence Emmett Manion
Journal Articles
Americans are devoted to a wide variety of ball games. In every season of the year millions of us are continually congregating to observe the swift, skillfully directed flight of baseballs, footballs, basket balls and golf balls. In all of these contests and exhibitions the existence, nature and condition of the involved ball 'has become a remote secondary consideration. The ball is taken for granted. We are concerned exclusively with the skill and coordination of the players and their intelligent observance of the rules. Nevertheless, in all of these games it must be admitted that "the ball" is the thing …
Powers Of Chinese Courts, Chao-Lung Yang
Powers Of Chinese Courts, Chao-Lung Yang
Vanderbilt Law Review
The Chinese legal system has recently aroused the interest of not a few Western scholars. But little has been written about the powers of the Chinese courts. It has been said-and it is true-that the Chinese legal system belongs to the Continental type. It will, therefore, be interesting to see in what way it is different from the Anglo-American system. Generally speaking, opinions may differ as to the fundamental features which distinguish the Continental legal system from the Anglo-American. But it may perhaps b e said that such features lie more in the sphere of adjective law and legal technique …
A Note On Samuel Pufendorf, Anton-Hermann Chroust
A Note On Samuel Pufendorf, Anton-Hermann Chroust
Vanderbilt Law Review
The work of Samuel Pufendorf was certainly the outstanding influence on continental legal philosophy during the second half of the seventeenth and throughout the eighteenth centuries. From his work comes the supposedly authoritative notion that scientific natural law and, hence, true legal philosophy as such, began with Hugo Grotius. What he actually meant to say was that Hugo Grotius had secularized the natural law, that is, he had divorced it from moral theology and put it on a non-theological--and, we may surmise--on a non-ethical basis.
Sociology Of Law--A Student's Concept, Glynn A. Pugh
Sociology Of Law--A Student's Concept, Glynn A. Pugh
Vanderbilt Law Review
The Anglo-American lawyer is inclined to restrain his interest to the legal order; he becomes a specialist in the decisions rendered by the courts. The attorney, unfamiliar with present day methodology of the social sciences, is easily bewildered by the writings and judicial decisions of the sociological jurist. Part of this bewilderment may be at once eliminated by distinguishing two concepts of "law." The lawyer may conceive of the law as "that which is backed by the force of politically organized society." An inadequate amount of attention is directed toward the sources of law, its trends and its functions. Sociologists …
Reappraisal Of Federal Question Jurisdiction, G. Merle Bergman
Reappraisal Of Federal Question Jurisdiction, G. Merle Bergman
Michigan Law Review
For some time I have been reading and listening to criticisms directed toward decisions which the Supreme Court has rendered in cases involving federal question jurisdiction. The general 'tenor of this criticism is that these decisions demonstrate a surprising lack of uniformity and conscious purpose. Writers profess to search in vain for sound logic in the Court's opinions. They point up instead the anomaly which is reflected when cases involving a substantial federal issue are tried in state courts, while those in which no real federal issue is involved are nevertheless accepted for trial in the federal courts. This result, …
Res Ipsa In The Air, Charles F. O'Connor
Policy Bases Of The Conflict Of Laws: Reflections On Rereading Professor Lorenzen's Essays, Fowler V. Harper
Policy Bases Of The Conflict Of Laws: Reflections On Rereading Professor Lorenzen's Essays, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Precedent In Past And Present Legal Systems, C. Sumner Lobingier
Precedent In Past And Present Legal Systems, C. Sumner Lobingier
Michigan Law Review
The prevailing notion that stare decisis is peculiar to the Anglican Legal System is quite provincial and far from correct. On the contrary, the principle is inherent in every legal system, at least in its primitive stage; for the earliest form of law is custom, and the "core of custom" is precedent, not necessarily judicial, but something quite as authoritative.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
The Necessity Of Oral Appeal, Alvah J. Rucker
The Necessity Of Oral Appeal, Alvah J. Rucker
Indiana Law Journal
No abstract provided.
Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin
Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin
Michigan Law Review
When Justice Oliver Wendell Holmes filed his brief dissenting opinion in Lochner v. New York in 1905 he must have noticed something new on the American horizon. In this now famous opinion he initiated the first steps which were to usher in a new era in American jurisprudence. "General propositions do not decide concrete cases," he announced with axiomatic brevity and, thus, gave the first telling blow to what may well be termed "introspective jurisprudence." This generalization on the subject of generality was followed in the opinion by a more concrete application, the implementing assertion that a reasonable man might …
Unreported Opinions Of The Supreme Court Of Michigan, 1836-1843, William W. Blume
Unreported Opinions Of The Supreme Court Of Michigan, 1836-1843, William W. Blume
Michigan Legal Studies Series
In July 1836 final jurisdiction of non-federal litigation passed from the Michigan Territorial Supreme Court to the Supreme Court of the State of Michigan. Then, substantially as now, the Constitution provided: "The judicial power shall be vested in one supreme court, and such other courts as the legislature may from time to time establish." Mich. Const. 1835, Art. VI, §1. Those who are interested in the judicial history of Michigan prior to 1836 are fortunate in having access to much of such history contained in the six volumes entitled "Transactions of the Supreme Court of Michigan," edited by Professor William …
Mr. Justice William Johnson, Creative Dissenter, A. J. Levin
Mr. Justice William Johnson, Creative Dissenter, A. J. Levin
Michigan Law Review
Until the advent of Justice Oliver Wendell Holmes, the masterful and magnetic figure of Chief Justice John Marshall well-nigh overshadowed the whole field of constitutional jurisprudence. That Marshall made inestimable additions to our ideas of cooperative living at the very beginning of our democracy, and that his repute was well deserved, cannot be gainsaid. But one has good cause to wonder why the name of so distinguished a colleague as William Johnson, who sat on the same bench with Marshal for almost thirty years during that formative period, should have been almost completely obscured all these years. Rare, indeed, is …
The Jurisprudence Of Thomas Jefferson, L. K. Caldwell
The Jurisprudence Of Thomas Jefferson, L. K. Caldwell
Indiana Law Journal
No abstract provided.
Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws, Evsey S. Rashba
Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws, Evsey S. Rashba
Michigan Law Review
The general movement towards national economic planning and away from the freedom of the liberal age has brought about unprecedented state interference with international trade. These interferences have vastly increased during the past twenty-five years and have grown at a rapid pace during the last decade.
What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers
What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers
Michigan Law Review
No administrative body in recent times has received as much criticism, both favorable and unfavorable, as has the National Labor Relations Board in its administration of the National Labor Relations Act. Such a vast amount of material has been written on the procedure before the board that any further discussion would seem superfluous. However, the discussion of the board's procedure has been related more to the wisdom of choice which the board has made in setting up its procedure than to a determination of the line that separates legality from illegality in its determination of cases.
American Philosophy Of Law, Clarence Emmett Manion
American Philosophy Of Law, Clarence Emmett Manion
Journal Articles
America’s philosophy of law is a rich heritage sculpted by the American Revolution. The bold aspirations of the Declaration of Independence, which advances notions of inalienable, God-given rights find more mild-mannered forms in our Constitution. However, this prevailing concept is what makes our legal and political environment distinct from our English forebears.
Book Review. Pound, Roscoe, Outlines Of Lectures On Jurisprudence, Jerome Hall
Book Review. Pound, Roscoe, Outlines Of Lectures On Jurisprudence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Justice Of Our Cause, George Richardson Jr.
The Justice Of Our Cause, George Richardson Jr.
West Virginia Law Review
No abstract provided.
Comments On The Report Of The Committee On Jurisprudence And Law Reform, L. L. Bomberger
Comments On The Report Of The Committee On Jurisprudence And Law Reform, L. L. Bomberger
Indiana Law Journal
No abstract provided.
Religion And American Law, Clarence Emmett Manion
Religion And American Law, Clarence Emmett Manion
Journal Articles
This article discusses the relationship of law and religion in American culture. It constructs a theory of "American Faith", a theory that underlies all of American jurisprudence. This theory includes the propositions that there is a God, that all men are equal in God's sight even if not in front of mortal men, and that the American Revolution was a "revolution of believers." It concludes that religious liberty is our one and only true freedom and by holding onto it we can support human rights and freedom.
Torts In The Conflict Of Laws, Moffatt Hancock
Torts In The Conflict Of Laws, Moffatt Hancock
Michigan Legal Studies Series
There has been in recent years a marked development of interest in the diversities of laws and their attendant conflicts. While modern facilities of communication accelerate the spread of culture and thus augment the need of uniformity in the laws affecting commerce, they also reveal the significance of local needs, customs, and legal institutions. Indeed, it would seem that multiplication of jurisdictions and progressive diversification of laws in both space and subject matter is an unavoidable concomitant of increasing specialization in the international, interstate, or local economy. If these circumstances serve to justify the perennial effort to simplify the law, …
Criminal Law And Procedure - Charging One Theft As Several Larcenies, A Series Of Thefts As A Single Larceny, Michigan Law Review
Criminal Law And Procedure - Charging One Theft As Several Larcenies, A Series Of Thefts As A Single Larceny, Michigan Law Review
Michigan Law Review
The gist of the crime of larceny both at common law and under statutes is a fraudulent taking of the personal property of another with an intent to appropriate it. One taking coupled with the necessary intent normally constitutes a single offense of larceny, and normally the courts limit their inquiry to whether there is such taking and intent; if the finding is in the affirmative the crime of larceny is established. Yet the courts tend to go beyond these limits of inquiry where the problem arises whether a single offense or several distinct offenses have been committed. Two types …