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Mr. Justice Murphy, Ira W. Jayne Apr 1950

Mr. Justice Murphy, Ira W. Jayne

Michigan Law Review

When Justice Frank Murphy took his seat on the bench of the Supreme Court of the United States, I was asked to make a public statement about the appointment.


Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr. Apr 1950

Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr.

Michigan Law Review

Justice Murphy would have observed his tenth anniversary on the Supreme Court on February 5, 1950. Just as some of us who were privileged to serve as his law clerks were beginning to think of plans to honor him on that occasion, the news of his death came to stun us. So instead we pay homage to his memory by relating some of the manifold aspects of the character of this most noble man.


The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox Apr 1950

The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox

Michigan Law Review

When Mr. Justice Murphy took his place on the Supreme Court in 1940, a period of major development in labor law was beginning. In 1935 Congress had laid one of the two principal foundation stones by enacting the Wagner Act. But the NLRA did not become effective in any practical sense until after its constitutionality was upheld in 1937, and it was in the next decade that the farthest reaching questions of interpretation and application were to be decided. The second stone was laid in 1938 when passage of the Fair Labor Standards Act committed the nation to the policy …


Mr. Justice Murphy And Civil Rights, Thurgood Marshall Apr 1950

Mr. Justice Murphy And Civil Rights, Thurgood Marshall

Michigan Law Review

There is constant danger that the unpopularity of an individual, or of the group of which he is a member, will be reflected in dealings with his rights by his neighbors or by the organized community. In America today this bias is most likely to stern from differences of race, origin, nationality, or religious or political belief. Prejudice may victimize an entire group or any of its members. Any charge of shocking or anti-social conduct against one who is already thus unpopular increases the likelihood of unfair treatment. Not only private citizens, but legislators, judges and administrative officers of government …


Henry Moore Bates: 1869-1949, Paul A. Leidy, Grover C. Grismore, Ralph W. Aigler Jun 1949

Henry Moore Bates: 1869-1949, Paul A. Leidy, Grover C. Grismore, Ralph W. Aigler

Michigan Law Review

Henry Moore Bates, Professor Emeritus of Law and Dean Emeritus of the Law School, was born in Chicago, Illinois, on March 30, 1869. He was the son of George Chapman Bates and Alice E. Bates. He received his early education from private tutors and the public schools of Chicago; in the fall of 1886 he enrolled in the College of Literature, Science and the Arts of this University; he received the degree of Bachelor of Philosophy in June of 1890.


Henry Moore Bates, Herbert W. Clark Jun 1949

Henry Moore Bates, Herbert W. Clark

Michigan Law Review

There are people to whom any sense of fitness would assign a long life. Henry Moore Bates is one of these. In full vigor of mind until the end and before any physical deterioration had occurred to render his days uncomfortable to himself or his family, he died April 15th, on the sixteenth day following his 80th birthday. At eight o'clock in the evening before he died he was in bouyant spirits, his humor was keen and kindly, as always; his laughter was young. Eight hours later the end came. He was unafraid. "When it (was) time for him to …


Henry Moore Bates, Roscoe Pound Jun 1949

Henry Moore Bates, Roscoe Pound

Michigan Law Review

It has been my uniform practice never to read from a manuscript or use notes when I am speaking to an audience, but in speaking of so old and dear a friend I feel a certain inhibition of emotion that stands in the way of an adequate oral speech. Moreover, when I think of Dean Bates' unswerving adherence to exact, accurate statement, his abhorrence of all exaggeration, of all overstatement, I feel that he would not be satisfied with one who followed the relatively loose method of oral statement instead of adhering to a carefully and meticulously prepared manuscript for …


Isaacs: Oath Of Devotion, Michigan Law Review May 1949

Isaacs: Oath Of Devotion, Michigan Law Review

Michigan Law Review

A Review of OATH OF DEVOTION By Julius Isaacs


Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review Mar 1949

Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review

Michigan Law Review

A Review of MR. JUSTICE BLACK: THE MAN AND HIS OPINIONS By John P. Frank.


This Issue Is Dedicated To The Late Professor Joseph Horace Drake, E. Blythe Stason Feb 1948

This Issue Is Dedicated To The Late Professor Joseph Horace Drake, E. Blythe Stason

Michigan Law Review

To his colleagues on the law faculty, by whom Professor Drake was greatly beloved, he was known for his courteous and gentlemanly manners, his quiet but effective sense of humor, and his scholarly approach to all of the questions of the day. He never failed to see the bright and sunny side of the problems of the moment.


Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin Feb 1948

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 …


Mr. Justice William Johnson, Jurist In Limine: The Judge As Historian And Maker Of History, A. J. Levin Dec 1947

Mr. Justice William Johnson, Jurist In Limine: The Judge As Historian And Maker Of History, A. J. Levin

Michigan Law Review

In the year 1822 A. E. Miller of No. 4 Broad-street, near the Bay, Charleston, South Carolina, "Printed for the Author" the Sketches of the Life and Correspondence of Nathanael Greene, Major General of The Armies of The United States, In The War of The Revolution. The fly-leaf announced that the work was "Compiled Chiefly from Original Materials" and that it was in "Two Volumes" by William Johnson of Charleston, South Carolina. It was, indeed, a substantial publication "grown to a bulk . . . never anticipated" of some nine hundred thirty-eight pages exclusive of numerous pages in small …


Mr. Justice William Johnson, Creative Dissenter, A. J. Levin Dec 1944

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 …


Law Books Of The Year (1943-44), Hobart R. Coffey Jun 1944

Law Books Of The Year (1943-44), Hobart R. Coffey

Michigan Law Review

Contrary to my inclination and somewhat against my better judgment I have been prevailed upon by the editor to repeat the experiment begun last year, viz., to produce a sort of running account of some of the more important legal publications which have appeared in the last twelve months. It goes almost without saying that a competent review of a single serious work requires both considerable time and space. An adequate critical review of fifty or sixty works would be quite out of the question for anyone who had anything else to do. In my comments on the books which …


Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld Jun 1944

Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld

Michigan Law Review

Mr. Justice Holmes was ninety on March 8, 1931. That anniversary brought him a "shower of birthday congratulations and tributes in writing and print," which included thoughtful appraisals of his work up to then as scholar and judge. But that work was not yet done. There remained "a little finishing canter before coming to a standstill." The aging justice was to participate in the work of two more terms of court before his retirement on January 12, 1932. In Holmes's quiver, waiting to be "fired off," were a dozen opinions which now grace the pages of volume 283 of the …


Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin Apr 1944

Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin

Michigan Law Review

A policy of judicial avoidance, otherwise referred to as "judicial restraint," has clearly been the dominant trend in the United States Supreme Court since Mr. Justice Holmes began to sit upon that bench at the beginning of this century. There has been an inclination to explain this change as revealing a tendency of the Court to follow a policy of laissez-faire toward the legislative and executive departments, and to stop at this formalistic explanation of this important aspect of the judicial function. The Court's increasing awareness of its own lack of technical competence in dealing with the many complex governmental …


This Issue Is Dedicated To The Late Professor Edwin C. Goddard, Grover C. Grismore, E. Blythe Stason Feb 1943

This Issue Is Dedicated To The Late Professor Edwin C. Goddard, Grover C. Grismore, E. Blythe Stason

Michigan Law Review

Edwin C. Goddard, a professor emeritus of the University of Michigan Law School, died in Ann Arbor, after a brief illness, on Friday, August 14, 1942. Those of us who were associated with him during his many years of service to the Law School feel that we have lost a wise adviser, a capable and faithful associate, and a loyal friend.


Henry Moore Bates, Harlan F. Stone Nov 1939

Henry Moore Bates, Harlan F. Stone

Michigan Law Review

The retirement of Dean Bates during the present year has brought to a close his active service of thirty-six years as a law teacher, and twenty-nine as Dean of the University of Michigan Law School.


Dean Bates And The Michigan Law School, Edwin C. Goddard Nov 1939

Dean Bates And The Michigan Law School, Edwin C. Goddard

Michigan Law Review

From its opening in October, 1859, the Law School of the University of Michigan has been fortunate in the continuity of the service of the members of its faculty. The original faculty consisted of that remarkable trio, James V. Campbell, Charles I. Walker and Thomas M. Cooley. Instruction was given by lecture, and almost continuously for twenty-five years those three continued to expound the principles of the law to the students who flocked to the school.


A Generation Of Law Teaching, Roscoe Pound Nov 1939

A Generation Of Law Teaching, Roscoe Pound

Michigan Law Review

Thirty-six years ago (September, 1903) as Dean Bates was taking up law teaching as Tappan Professor of Law at Michigan, I was delivering an inaugural lecture as Dean of the Law School of the University of Nebraska. In this generation of law teaching we have seen the academic law school rise to a commanding position in professional education, the law teacher gain a position among the leaders of the profession, the growth of co-operation between bar associations and the association of law teachers, the development of co-operation between bar examiners and the law schools, and general adoption by the profession …


Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson Feb 1939

Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson

Michigan Law Review

The sorrow with which the entire nation learned of the death of Mr. Justice Cardozo bears witness to the sense of loss felt by the great body of his fellow citizens. Few of the people who mourn him had personal opportunity to know the high qualities of his mind or his saintly character. Yet they truly feel that between him and the thought and spirit of his time there was fundamental sympathy and understanding. In a real sense the cast of his thinking was the product of his age. This awareness of his time was coupled in him with sensitiveness …


Horace La Fayette Wilgus, Michigan Law Review Jun 1936

Horace La Fayette Wilgus, Michigan Law Review

Michigan Law Review

This is an abstract from a memoriam for Horace La Fayette Wilgus to appear in the University of Michigan Council and Senate Records.


Review: Edward Coke, Oracle Of The Law Nov 1930

Review: Edward Coke, Oracle Of The Law

Michigan Law Review

A Review of EDWARD COKE, ORACLE OF THE LAW By Hastings Lyon and Herman Block.


Book Reviews, William W. Cook, Edwin D. Dickinson, Joseph H. Drake, Wayne C. Williams Jun 1921

Book Reviews, William W. Cook, Edwin D. Dickinson, Joseph H. Drake, Wayne C. Williams

Michigan Law Review

This is a book that every lawyer should read and every law student should be required to read. It is the culminating work of a masterly mind that for over fifty years has been studying governments, ancient and modern,' and meantime the writer has had the practical advantage of holding high and responsible offices, including that of British Ambassador to the United States. Viscount Bryce speaks plainly of American national, state and municipal shortcomings in government, especially the last, but it is done in a kindly vein. He is a friend of America and gives us credit for much.


The Late Ashley Pond, Michigan Law Review Mar 1910

The Late Ashley Pond, Michigan Law Review

Michigan Law Review

On January 12th last, Ashley Pond died at his home in Detroit in his eighty-third year. By his death the University has lost one of its oldest and most distinguished alumni. Mr. Pond was graduated from the Literary Department in 1854. After studying law for a little over two years, he was admitted to the Detroit Bar. At that Bar he continued to practice for about half a century, and when he died was its senior member. Mr. Pond's career is an example to every lawyer and an encouragement to every young man of humble origin and narrow means. When …


Note And Comment, James H. Brewster, John R. Rood, Arthur F. H. Wright Feb 1910

Note And Comment, James H. Brewster, John R. Rood, Arthur F. H. Wright

Michigan Law Review

James Barr Ames; Necessity and Effect of a Theory; Subrogation to a Lien for Assessments or Taxes--Construction of the Negotiable Instruments Law; We are the Rights of the Vender of Good Will?; Attachments on Unliquidated Demands; Will a Marriage, Bigamous in Inception, Become Valid After the Death of the Undivorced Spouse?


Benjamin Franklin Graves, Hoyt Post Apr 1907

Benjamin Franklin Graves, Hoyt Post

Michigan Law Review

BENJAMIN FRANKLIN GRAVES, the oldest and last surviving of the four noted judges-Cooley, Campbell, Christiancy and Graves-who composed the Supreme Court of Michigan in 1868 and succeeding years, died in Detroit, Michigan, on the third day of March, 1906, at the age of eighty-eight years and five months.


Thomas Mcintyre Cooley, Jerome C. Knowlton Mar 1907

Thomas Mcintyre Cooley, Jerome C. Knowlton

Michigan Law Review

In the early fifties, there were four young men practicing at the bar of the State of Michigan who became so influential during the formative period in the jurisprudence of the state that we cannot name one of them without thinking of the others. James V. Campbell, Isaac P. Christiancy, Thomas M. Cooley arid Benjamin F. Graves came from New York parentage and from New England stock. The three last name received their education in the primary schools and academies of New York. As young men seeking their future they came west and settled in different parts of this state. …


Isaac Peckham Christiancy, Joseph B. Moore Feb 1907

Isaac Peckham Christiancy, Joseph B. Moore

Michigan Law Review

Isaac P. Christiancy was born on the 12th of March, 1812, at Johnstown, New York. His life is another of, the many illustrations that great as are the advantages of the possession of wealth, when properly used, and the opportunity of attending the higher institutions of learning, they are not essentials to the attaining of great influence and a position of well deserved eminence. His education was obtained by attending the district schools, supplemented by a short term in the academy at Dow, New York. He was an omnivorous reader of such books, magazines and newspapers as were obtainable by …


James Valentine Campbell, Charles A. Kent Jan 1907

James Valentine Campbell, Charles A. Kent

Michigan Law Review

The Campbell ancestors of Judge Campbell were, as the name shows, Scotch. The earliest one in this country, his grandfather, was Thomas Campbell, an officer in an Highland Regiment, who settled on the Hudson. His son, Henry M. Campbell, was born in Ulster County, New York, September 10th, 1783. In early manhood he removed to Buffalo. When the War of 1812 broke out, he joined the American army, and was made Captain of an artillery company. In October, 1812, he married Lois Bushnell, a member of a New England family. Her nephew, the Reverend Horace Bushnell, became a very distinguished …