Law Commons^™

Judicial Councils, Thurman Arnold

West Virginia Law Review

No abstract provided.

Should The Jury System Be Abolished, T. W. A.

West Virginia Law Review

No abstract provided.

The Paradoxes Of Legal Science: A Review, Rousseau A. Burch

Michigan Law Review

This book by the distinguished Chief Judge of the New York court of appeals deals with difficulties of the judicial process when its function is creative; that is, when a judge makes law for novel situations.

The title of the book assumes there is a science of law, and the introduction takes analogues of physical science for a starting point. In physics there are rest and motion, static and dynamic ; in social affairs there are stability and changes, conservation and progress. In making decisions, the judge may be concerned with the yea of action in alteration, and the nay …

Jural Relations, By Albert Kocourek, Hugh E. Willis

Indiana Law Journal

No abstract provided.

The Lien Of Federal Judgments And Decrees, Charles P. Wattles

Indiana Law Journal

Editor's note:-In view of the probability of the present General Assembly's remedying the situation discussed in this article, the author felt that the time for publishing it had passed. The editor believes that the article, with its complete presentation of the history of the Federal statutes dealing with Federal liens, and its clarifying discussion of the decisions of the Federal courts pertinent thereto, will be of great value to the profession, as an aid in interpreting and applying whatever statute the General Assembly may enact, as well as a source of light on present property interests as affected by past …

The Essential Nature Of Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Some Implications Of Juristic Pragmatism, Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.

In Re Liberty: A Book And Its Critic, Clarence Emmett Manion

Journal Articles

The restrictive craze of American legislators is fast reducing our once virile and individually resourceful population to a race of unthinking automatons. Judicially and otherwise, American liberty and individual competence which is its hand-maid are rapidly being lost. This article discusses the book "Losing Liberty Judicially" by Thomas James Norton and the review of the book by Robert C. Brown.

The Doctrine Of Sovereignty Under The United States Constitution, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

The Effect Of "Atmosphere" Upon Decisions, Harold C. Havighurst

West Virginia Law Review

No abstract provided.

Jural Relations, T. W. Arnold

West Virginia Law Review

No abstract provided.

Report Of Massachusetts Judicial Council, Paul L. Sayre

Indiana Law Journal

No abstract provided.

Law Reform, By Henry W. Taft, Hugh E. Willis

Indiana Law Journal

No abstract provided.

Book Review. The Paradoxes Of Legal Science By Benjamin N. Cardozo, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Juristic Idealism And Legal Practice, Joseph H. Drake

Michigan Law Review

The relation of the "idea" of just law to the "principles" [Grundsaetze] of just law and the "model" [Vorbild] of just law is somewhat difficult to grasp and Stammler's application of the idea, through the intermediate principles and model, to the practice of just law, has given much trouble to the critics. A rule of law may be thought of as a particular conclusion, a principle as a general conclusion, while a standard or norm is a means of reaching conclusions. This is of course the old logical division of conceptions into particular, general and universal, …

Present Status Of The Philosophy Of Law And Of Rights, Paul L. Sayre

Indiana Law Journal

No abstract provided.

Book Review. Introduction To Anglo-American Law By Hugh Evander Willis, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

Forms Of Law And Moral Content, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Some Modern Tendencies Of The Law, Charles S. Whitman

Kentucky Law Journal

No abstract provided.

Scientific Method In The Application Of Law, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Our Dual Form Of Government, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Stare Decisis And The Modern Trend, Thomas P. Hardman

West Virginia Law Review

No abstract provided.

Shrinking Bill Of Rights, Clarence Emmett Manion

Journal Articles

The assertion of intrinsic, God given rights correlated with the decline of monarchical power. The United States’ understanding that all men and women are endowed with unalienable rights was a long and hard-fought conclusion. However, this article argues that the Bill of Rights has gradually changed from being the bold guardian of individual liberty originally envisioned. Ironically, this change can be attributed to the courts and the legislature.

The Power Of The Written Assertion, Gustavus Ohlinger

Michigan Law Review

In his Outline of History Mr. Wells comments on the exaggerated estimate which people generally, through reading the Old Testament account, have come to entertain of the wisdom of Solomon and of the glory and prestige of the Israelitish Kingdom during his reign. By way of contrast, the facts, which are readily available and discernable even in the scriptural narrative, reveal this much advertised monarch as a rather insignificant chieftain and his kingdom as a pawn in the policies of his powerful neighbors-a striking example, according to Mr. Wells, of the power of the written assertion over realities in men's …

A Definition Of Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

The Significance Of The Endowment, John M. Zane

Michigan Law Review

Engraven over the entrance to this building are the words "The Character of the Legal Profession Depends on the Character of the Law Schools. The Character of the Law Schools Forecasts the Future of America."

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Caveat Emptor And The Judicial Process, John B. Waite

Articles

"There are many issues in the law whose solution has an essentially economic cost. There is one issue in particular, however, of immense and most important economic effect, which has been decided and re-decided, but which, strangely enough, the courts never seem to have considered on the merits of its economic relations and effects....

"...[O]ught one to be permitted safely, if honestly, to intrust possession of goods to others; or should one have power safely, if honestly, to buy goods from those in possession...."

Legal Standards And Ideals, Sir Paul Vinogradoff

Michigan Law Review

Provisions for the settling of conflicts constitute the greater part of any legal system. These conflicts are not entirely governed by self interest and the idea of ethical duty does not disappear from them: it asserts itself in the shape of the balance to be established ·by the court: while every litigant presses for the satisfaction of his own claims society is called upon to adjudicate fairly between the parties: the moral notion of justice appears as the impartial attribution of what everyone in society ought to have by right. We make distinctions between men in accordance with their greater …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.