Law Commons^™

Our Changing Common Law, Ole E. Wyckoff

West Virginia Law Review

No abstract provided.

"My Philosophy Of Law"-A Synthesis, Charles V. Laughlin

Washington and Lee Law Review

No abstract provided.

Jurisprudence On Parade, Hessel E. Yntema

Michigan Law Review

Jurisprudence is part of the pageant that makes history. This is a truism that, it may be added, obtains irrespective of the view held as to the significance of general legal theory. To some, the constructs of jurisprudence may seem but laggard symbols of more vital facts and trends. The degree of the lag exhibited by the more celebrated of such constructs may suggest to an anthropologically-minded observer, such as Thurman Arnold, that the apparent function of jurisprudence in the present social climate is neither to represent reality nor to control the administration of justice, but rather by the magic …

Sales Taxes, Interstate Trade Barriers, And Congress: The Gulf Oil Case, M. R. Schlesinger

Michigan Law Review

The capacity of the federal government to deal with the increasingly irritating problem of interstate trade barriers is an important question high-lighted by the recent Supreme Court decision in McGoldrick v. Gulf Oil Corp. The Court there decided that in view of the superior federal authority over foreign commerce Congress could validly prohibit an otherwise legal city sales tax on imported petroleum manufactured into fuel oil and sold for use on foreign-bound ships.

Book Review. Radin, M., Law As Logic And Experience, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes

Michigan Law Review

It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.

Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

What Is Law, Roscoe Pound

West Virginia Law Review

No abstract provided.

Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.

Michigan Law Review

The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …

The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar

Michigan Law Review

That every judicial judgment, whatever its character, consists of premises and conclusion is a fact sufficiently obvious. In our system, especially, expression of the premises must very often be sought outside the actual judgment-order and collected from other parts of the judicial record or even from evidence aliunde of what took place at the hearing. But the legal nature of the relation between premises and conclusion is independent of the particular structure of the record and the mode of ascertaining what those premises were. Given satisfaction of the requirements of the law with respect to identity of parties, it is …

Service Of Process On Foreign Corporations Not Admitted To Do Business In The State

Indiana Law Journal

Legislative Comment

Construction Of Statutes--"Ejusdem Generis", R. Vincent Goodlett

Kentucky Law Journal

No abstract provided.

Ideas And The Law, Albert J. Harno

Kentucky Law Journal

No abstract provided.

Book Review. Scott, J. B., Law, The State And The International Community, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

A Lawyer Looks At Liberty, Clarence Emmett Manion

Journal Articles

The Law has been defined as "The Perfection of Human Reason." This, of course, is a highly idealized definition. The Law often falls short of perfect reasonableness. Nevertheless reason and logic constitute the warp and woof of the whole fabric of our jurisprudence. In the strict determination and application of the Law, emotion-the natural enemy of reason-plays not part at all. In the courtroom, oratorical pyrotechnics are seldom permitted to obscure the real points that are at issue in a particular case. The trial of a lawsuit is predicated upon the pleadings and the art of formal pleading is as …

Jurisprudence, Charles P. Wilhelm

West Virginia Law Review

No abstract provided.

Irregularities Of Testamentary Expression, Alvin E. Evans

Kentucky Law Journal

No abstract provided.

Book Review. Pound, R., The Formative Era Of American Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

A Government Of Laws Or A Government By Men, O R. Mcguire

Indiana Law Journal

Address delivered February 5, 1938, in Indianapolis before the Indiana State Bar Association, by 0. R. McGuire, of Washington, D. C., counsel of the comptroller general of the United States, and Chairman of the Special Committee on Administrative Law of the American Bar Association.

NOTE: Cover is mislabeled v.13 no.4 April 1938

Actions - Stay Of Proceedings To Await Result In "Test Case" Involving Similar Issues, Jack L. White

Michigan Law Review

Suits were instituted by respondents, non-registered holding companies, in the District Court for the District of Columbia to enjoin the enforcement against them of the Public Utility Holding Company Act of 1935 on the ground that it was unconstitutional. On the same day that the first of these bills was filed, the Securities and Exchange Commission began suit in a federal district court in New York to compel the Electric Bond & Share Company and others, members of another utility system, to register as required by the act. A cross-bill in that action contested the validity of the act and …

The "Last Clear Chance" Doctrine In The Federal Courts, Nedra Evans

Michigan Law Review

In analyzing the doctrine of "last clear chance," a qualification of the co.μtributory negligence rule, several questions must be considered. Perhaps the most important one is, (1) Does the court apply the doctrine of discovered peril or is it enough that defendant should have known, by the exercise of reasonable care, plaintiff's peril? (2) Is the doctrine of "last clear chance" confined to cases where the negligence of plaintiff has spent itself? (3) If the doctrine of undiscovered peril is followed for a licensee, will the court still apply the rule of discovered peril if plaintiff is a trespasser? (4) …

Reviewing Judicial Review, Clarence E. Manion

Indiana Law Journal

Address of Clarence E. Manion, Professor of Law at Notre Dame University School of Law, delivered at the mid-winter meeting of the Indiana State Bar Association January 16, 1937.

Two Preambles: A Distinction Between Form And Substance, Clarence Emmett Manion

Journal Articles

The drill of research generally goes down just far enough to reach the oil of a controlling precedent and not an inch beyond. It is difficult to convince the average American lawyer that the perspective of his profession has changed since his school days, that it is still changing, and that the shift will soon take the direction of a revolution unless we immediately and deliberately re-anchor ourselves to the good earth of fixed first principles. With natural rights and judicial review subtracted from our American system, foreign news accounts of "Mercy Deaths," "Blood Purges," "Forced Labor," "Property Confiscation," "Aryan …

Some New Ideas About Law, Zechariah Chafee Jr.

Indiana Law Journal

Address by Zechariah Chafee, Jr., Professor of Law at Harvard Law School, delivered before the Indiana State Bar Association at Lake Wawasee, Indiana, July 10, 1936.

How Far Are We Attaining A New Measure Of Values In Twentieth-Century Juristic Thought, Roscoe Pound

West Virginia Law Review

No abstract provided.

Is Insolvency Alone Sufficient To Give Equity Jurisdiction?, Kennith A. Howe

Kentucky Law Journal

No abstract provided.

The Origin Of The Doctrine Of Equitable Conversion By Contract, John L. Davis

Kentucky Law Journal

No abstract provided.

Some Changing Patterns In The Legal Order, F. R. Aumann

Kentucky Law Journal

No abstract provided.

The Varying Meaning And Legal Effect Of The Word "Void", Abraham J. Levin

Michigan Law Review

To interpret properly what has been said or written necessitates our going beyond the dictionary into the sphere of action and reality. In its narrowest sense the, meaning of a word is the single effect which is given to it in the specific case. Insofar as nature repeats itself are we able to build up concepts and symbols which function in substantially the same way in different cases. But the mind must always be ready to discard an accepted definition of a word symbol for the particular legal effect which the circumstances demand. The same word or symbol with the …

Public Utilities I. The Quest For A Concept, Thomas P. Hardman

West Virginia Law Review

No abstract provided.