Law Commons^™

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 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.

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

Indiana Law Journal

No abstract provided.

Our Dual Form Of Government, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Forms Of Law And Moral Content, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Some Modern Tendencies Of The Law, Charles S. Whitman

Kentucky Law Journal

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.

A Definition Of Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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...."

The First Year's Work Of The American Law Institute, J. W. M.

West Virginia Law Review

No abstract provided.

An Advance In Legal Reform, Benjanin N. Cardozo

West Virginia Law Review

No abstract provided.

When, If Ever, Is A Man Justified In Breaking The Law?, Samuel M. Wilson

Kentucky Law Journal

No abstract provided.

The Reorganization Of Our Judicial System, Edward Thomas

Kentucky Law Journal

No abstract provided.

Ministerial And Discretionary Official Acts, Edwin W. Patterson

Michigan Law Review

Two recent cases, one in Michigan and one in Iowa, bring up again the insistent question of judicial control over administrative action and the oft-repeated distinction between "ministerial" and "discretionary" official acts.

Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman

Michigan Law Review

For those who love precision and definiteness the question of the application of the Fourteenth Amendment to social and economic problems remains an irritating enigma. The judicial construction of due process of law and the equal protection of the law has from the first discouraged systematic analysis and defied synthesis. More than one writer has emerged from the study of the problem with a neat and compact set of fundamental principles, only to have the Supreme Court discourteously ignore them in its next case. But paradoxical as it may seem, those who long for a wise and forward-looking solution of …

Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin

Michigan Law Review

The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …

Net Income And Judicial Economics, Henry Rottschaefer

Michigan Law Review

A legal system does not function in a vacuum of abstractions. It is part of a general institutional framework of an organized society. Its content is determined by concrete individual and social needs and activities. Hence modern jurisprudence conceives of law as a means for securing interests. The appraisal of its rules and principles requires an evaluation of the significant elements of the situation to which they apply. A narrow, complacent formalism is the penalty of failure in this regard. No one would deny the emphasis modern society places upor its commercial and industrial interests, nor the many points of …

The Menace Of "Counter" Phrases: A Discussion Of "Equal Protection Of The Laws", William A. Sutherland

West Virginia Law Review

No abstract provided.

Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson

Michigan Law Review

What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …

The Unwritten Law, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

Polarized And Unpolarized Legal Relations, Albert Kocourek

Kentucky Law Journal

No abstract provided.

Notes On Administration Of Justice, Lyman Chalkley

Kentucky Law Journal

No abstract provided.

The Constitution And Nationalism, Henry M. Bates

Articles

Dean Bates comments on the alarming trend of nationalism in America: "Blind indeed must he be who supposes that our legal and political institutions can escape profound modification by those great changes in commercial, industrial, political and social conditions which, in part, were caused by the world war, but were greatly intensified by it.... No intelligent person, who has any knowledge of history and of the protection which local government has always given to human freedom, can fail to feel a deep and at times shuddering sense of apprehension at the rapidity with which we are massing our governmental power …