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The Opinion Volume 8 Number 1 – October 1, 1957, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 1, 1957

Legal History As A Course, Earl Finbar Murphy

Journal of Legal Education

No abstract provided.

Book Review, John F. Kennedy

Vanderbilt Law Review

A substantial body of literature has been written about the Senate, but Citadel performs a special role in, for the first time, portraying the Senate as an organic unit. The anecdotes and personal recollections liberally used by the author aptly illustrate the various broad principles and details he has fashioned into an image of a vital, living force in our nation's growth and development, the United States Senate. Those anxious to understand the operations of the Senate and to gain an insight into the complex interplay of personalities and forces that lie behind the usual surface view of this unique …

The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes

Michigan Law Review

This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …

Scott: The Law Of Trusts (Second Edition)., Lewis M. Simes

Michigan Law Review

A Review of The Law of Trusts (second edition). By Austin Wakeman Scott

The Opinion Volume 7 Number 1 – April 1, 1957, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 1, 1957

History, Empirical Research, And Law Reform: A Short Comment On A Large Subject, Francis A. Allen

Journal of Legal Education

No abstract provided.

Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller

Michigan Law Review

The rule-making power of the courts in the United States is is brought into focus wherever procedural reform is undertaken. As more and more states have undertaken rev1s1on of judicial procedures, the power and authority of courts to promulgate rules of practice and the definition of the scope of such rules have claimed increasingly the attention of legal writers. This trend can be attributed in part to a growing realization that statutes governing practice and procedure in courts, enacted by legislatures meeting every year or two, have failed to achieve that minimum standard in the administration of justice necessary to …

The Status Of The Collective Labor Agreement In France, Robert J. Nye

Michigan Law Review

This paper is intended to outline in historical perspective the statutory, judicial, administrative and social developments which have made the collective agreement an indispensable accessory to legislative and judicial regulation in France.

The "Liberalism" Of Chief Justice Hughes, Samuel Hendel

Vanderbilt Law Review

Charles Evans Hughes ascended the bench as Chief Justice of the United States in February 1930 in the midst of the most serious and steadily worsening economic crisis in American history; a crisis which was to put the institution of judicial review, the Court, and the leadership of its Chief Justice to their severest test. "One may search in vain," said Harlan F. Stone, "for a period in the history of the Supreme Court in which the burden resting on the Chief Justice has been so heavy or when his task has been more beset with difficulties."Now, twenty years after …

Book Review. A History Of The School Of Law, Columbia University, Leon Harry Wallace

Articles by Maurer Faculty

No abstract provided.

Schwartz: The Code Napoleon And The Common Law World, J. G. Castel

Michigan Law Review

A Review of The Code Napoleon and the Common Law World. Edited by Bernard Schwartz.

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

Besides the two specific problems which the new federal act presents, namely, whether it imposes nonjudicial functions on federal courts, and whether it should, does and can protect against the substantial danger of state prosecution, there is a general objection that one can raise against it, and to other acts of the same type: they relate to the area of belief and opinion, the very area which was involved when the English people, spearheaded by the Puritans, engaged in the struggle with the Crown that finally resulted in the establishment of a right of silence. At least if we are …

Book Reviews, Robert J. Harris, John Raeburn Green (Reviewer), H. C. Nixon (Reviewer)

Vanderbilt Law Review

----------------------------------- Book Reviews ----------------------------------

The Forgotten Ninth Amendment

By Bennett B. Patterson

Indianapolis: The Bobbs-Merrill Company, 1955. Pp. ix, 217. $4.00.

reviewer: Robert J. Harris

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The Birth of the Bill of Rights, 1776-1791

By Robert Allen Rutland

Chapel Hill: University of North Carolina Press, 1955. Pp. vii,243. $5.00.

reviewer: John Raeburn Green

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James Wilson: Founding Father, 1742-1798

By Charles Page Smith

Chapel Hill: University of North Carolina Press, 1956. Pp. xii, 426.$7.50.

reviewer: H. C. Nixon

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

At the last term the United States Supreme Court in Ullmann v. United States upheld the constitutionality of paragraph (c) of a federal act of August 1954 which seeks to compel the testimony of communists and other political deviants. Paragraph (c) relates to witnesses before federal courts and grand juries. The Court specifically left open the question of the validity of paragraphs (a) and (b) relating to congressional witnesses. Justice Frankfurter delivered the Court's opinion. Justice Douglas, with the concurrence of Justice Black, wrote a dissent.

It is our purpose to consider the background, history and terms of this compulsory …

Morgan: Some Problems Of Proof Under The Anglo-American System Of Litigation, Roy R. Ray

Michigan Law Review

A Review of Some Problems of Proof Under the Anglo-American System of Litigation. By Edmund Morris Morgan.

Regulation Of Business - Sherman Act - Administration And Enforcement - A Re-Analysis Of Consent Decrees, Paul R. Haerle S.Ed.

Michigan Law Review

This comment will deal with a review of the history, nature, and use of the consent decree, an analysis of some of the more recent and important decrees, and a discussion of the crucial problem, raised especially by the Report of the Attorney General's National Committee to Study the Antitrust Laws, of the constitutional and statutory bases (or lack thereof) for the relief granted by consent decrees.

The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly

Michigan Law Review

Some sixty years ago in Plessy v. Ferguson the Supreme Court of the United States adopted the now celebrated "separate but equal" doctrine as a constitutional guidepost for state segregation statutes. Justice Brown's opinion declared that state statutes imposing racial segregation did not violate the Fourteenth Amendment, provided only that the statute in question guaranteed equal facilities for the two races. Brown's argument rested on a historical theory of the intent, although he offered no evidence to support it. "The object of the amendment," he said, "was undoubtedly to enforce the absolute equality of the two races before the law, …

Rodell: Nine Men: A Political History Of The Supreme Court Of The United States From 1790 To 1955, Robert L. Howard

Michigan Law Review

A Review of Rodell: Nine Men: A Political History of the Supreme Court of the United States from 1790 to 1955. By Fred Rodell.

Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema

Michigan Law Review

Despite this risk and without limiting discussion of comparative legal research to a Platonic theory of knowledge-to which I for one would not accede-the text prompts first the inquiry, unavoidable in a constructive discussion of the matter, whether contemporary legal study in the United States is concerned with shadows in an intellectual cave-or in other words, whether it is true, as I was told years ago, partly perhaps in jest, by a late distinguished member of the Supreme Court, then Attorney General, when, encountering me on a visit to the Department of Justice, he kindly asked what I was looking …

Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop

Michigan Law Review

A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.

Legal History-Joseph Story's Anonymous Law Article, John C. Hogan

Michigan Law Review

The first edition of the Encyclopedia Americana (1829-1833) contains numerous articles on a wide variety of legal subjects, including such topics as Common Law, Jury, Equity, etc. The identity of the author of these articles is not disclosed. There is an occasional footnote, however, which declares: "this article prepared by an eminent American jurist." This suggested the possibility of a lively and interesting manhunt--a search for the "eminent American jurist" who agreed to submit articles on law for the Encyclopedia, but who preferred to remain anonymous.

Corwin: The "Higher Law" Background Of American Constitutional Law, Charles M. Whelan S.J.

Michigan Law Review

A Review of The "Higher Law" Background of American Constitutional Law. By Edward S. Corwin.

The Wills Branch Of The Worthier Title Doctrine, Joseph W. Morris

Michigan Law Review

It is the purpose of this article to examine the history and origin of the wills branch of the worthier title doctrine, to ascertain the extent of its application and the manner of its application, to determine the legal consequences flowing therefrom, and to consider the desirability of its continued existence.

Gough: Fundamental Law In English Constitutional History, Samuel I. Shuman

Michigan Law Review

A Review of Fundamental Law in English Constitutional History. By J. W. Gough.

Headed For Florida! Retired Law Professor Leaving City After 34 Years

Hugh Willis (1942-1943 Acting)

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1956, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Plato's Legal Philosophy, Jerome Hall

Indiana Law Journal

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1956, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

John Marshall In Perspective, Dudley Warner Woodbridge

Popular Media

No abstract provided.