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Articles 1 - 12 of 12

Full-Text Articles in Law

The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar Dec 1940

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

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 …


Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr. Dec 1940

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 …


West Virginia: The Mountain State, C. C. Williams Jr. Jun 1940

West Virginia: The Mountain State, C. C. Williams Jr.

West Virginia Law Review

No abstract provided.


The Codification Of The French Customs, John P. Dawson Apr 1940

The Codification Of The French Customs, John P. Dawson

Michigan Law Review

A renewed attack on central problems of English legal history can gain fresh perspective from the history of French law. France and England entered the later middle ages with a common fund of legal and political institutions. Much of the area that was to be included in modern France was united with England under a common sovereign; political institutions were shaped by the same basic forces into similar forms of feudal organization; private law was largely composed of unformulated popular custom, remarkably similar even in detail. As early as the thirteenth century the tendencies toward divergence, both in law and …


Note On Statham's Abridgment, C. C. Williams Jr. Apr 1940

Note On Statham's Abridgment, C. C. Williams Jr.

West Virginia Law Review

No abstract provided.


An Introductory Description Of The Court Of Appeals Of Maryland, Carroll T. Bond Jan 1940

An Introductory Description Of The Court Of Appeals Of Maryland, Carroll T. Bond

Maryland Law Review

No abstract provided.


Gibbons V. Ogden Then And Now, Hugh Evander Willis Jan 1940

Gibbons V. Ogden Then And Now, Hugh Evander Willis

Kentucky Law Journal

No abstract provided.


Book 26 July 1, 1939 - June 30, 1940 Jan 1940

Book 26 July 1, 1939 - June 30, 1940

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Harsh winter; considering facilitating the use of personally owned typewriters; Seniors drafted up a letter to the President protesting his lack of neutrality in public utterances; Chain letter circulated by 1st year student about keeping US out of war.


The Court Of Appeals Of Maryland A Five - Year Case Study, Herbert M. Brune, Jr., John S. Strahorn, Jr. Jan 1940

The Court Of Appeals Of Maryland A Five - Year Case Study, Herbert M. Brune, Jr., John S. Strahorn, Jr.

Maryland Law Review

No abstract provided.


Book Review. Scott, J. B., Law, The State And The International Community, Jerome Hall Jan 1940

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 Jan 1940

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 …


Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume Jan 1940

Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume

Michigan Law Review

Judicial systems organized under the influence of the English tradition have exhibited a tendency to pass through four stages of development. (1) In the first stage the highest court (not taking into consideration legislative bodies) has final appellate jurisdiction and a superior original jurisdiction, civil and criminal. The court is composed of three or more judges who sit in bank for the trial of cases. The judges may sit at a central place or go on circuit throughout the territory. (2) In the second stage the highest court has both original and appellate jurisdiction but does not undertake to try …