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Articles 9211 - 9240 of 10011

Full-Text Articles in Law

Some Legal Aspects Of American Sovereignty, Clarence Emmett Manion Jan 1944

Some Legal Aspects Of American Sovereignty, Clarence Emmett Manion

Journal Articles

The advocates of a post-war world security organization are squarely up against the question of "sovereignty." Those who have specifically criticized the suggestion have done so for the reason that it does not go far enough to accomplish its purpose. They contend that the word "sovereign" should be lifted out of all such proposals for the reason that its inclusion will neutralize the effectiveness and destroy the continuity of the proposed association. If through the instrumentality of a treaty, or an executive agreement made pursuant to a joint Congressional resolution or otherwise, the United States government may suddenly take on …

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1944, Volume 3, Kentucky. General Assembly. House Of Representatives. Jan 1944

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1944, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1944, Volume 4, Kentucky. General Assembly. House Of Representatives. Jan 1944

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1944, Volume 4, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1944, Volume 1, Kentucky. General Assembly. House Of Representatives. Jan 1944

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1944, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Just War-A Legal Concept?, Arthur Nussbaum Dec 1943

Just War-A Legal Concept?, Arthur Nussbaum

Michigan Law Review

During the century preceding the First World War the topic of "just war," frequently and intensely treated in earlier periods, had almost disappeared from the writings on international relations. Since the end of the war, however, the issue has been revived by writers within and without the legal profession. The present article purports, principally by an inquiry into its historical background, to determine its legal relevance.

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The Development Of The Massachusetts Probate System, Thomas E. Atkinson Dec 1943

The Development Of The Massachusetts Probate System, Thomas E. Atkinson

Michigan Law Review

American lawyers and laymen alike take for granted a system of probate of wills and administration of decedents' estates under the supervision of a single tribunal usually called a probate court. We are familiar with the setting up of the will, appointment of the personal representative, filing of bond and inventory by the latter, granting of allowances for support of the family, notice to creditors to present their claims, and settlement of accounts of the administration, all accomplished by this court's orders or under its scrutiny. While real property is deemed to pass directly to the heirs or devisees, it …

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A Legal Approach To Equitable Servitudes, Ralph A. Newman Oct 1943

A Legal Approach To Equitable Servitudes, Ralph A. Newman

Michigan Law Review

The variety of conceptions of the nature of equitable servitudes is only one indication of the complexity of this particular branch of the law; the difficulty of classifying the topic as a branch of equity rather than of real property, or the reverse, is another, and one which grows out of the interplay of both of these divisions of the law upon the particular field of equitable servitudes. The following discussion is designed to indicate that many of the difficulties inherent in the concept of equitable servitudes may be resolved by analyzing the subject from the point of approach of …

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Unreported Michigan Supreme Court Opinions, 1836-1843, Clark F. Norton Aug 1943

Unreported Michigan Supreme Court Opinions, 1836-1843, Clark F. Norton

Michigan Law Review

It is a commonly known fact that, although Michigan was admitted to the Union in 1837 (many of her citizens had claimed statehood for more than a year prior to her formal admission), few opinions of the state supreme court written before 1843 have ever been published. Why a period of almost ten years should have elapsed before the first volume of state reports was issued in 1846 ( with the exception of two volumes of chancery reports), or why the early reporters seem, from a casual examination, to have neglected decisions of the court before 1843, or what happened …

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Witnesses-Privilege Against Self-Incrimination-Effect Of Incorrect Decision By Trial Judge In Compelling Answer When Privilege Asserted Jun 1943

Witnesses-Privilege Against Self-Incrimination-Effect Of Incorrect Decision By Trial Judge In Compelling Answer When Privilege Asserted

Michigan Law Review

ln a judicial proceeding, a question is asked of a witness, which question he declines to answer, claiming that the answer will tend to incriminate him. The judge orders him to answer. He does so and the answer does incriminate him. What happens?

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Legal Techniques And Political Ideologies: A Comparative Study, Alexander H. Pekelis Feb 1943

Legal Techniques And Political Ideologies: A Comparative Study, Alexander H. Pekelis

Michigan Law Review

The problem with which we are going to deal is one of comparative law, a discipline probably even more illusory than legal science itself. A body of laws represents in itself neither a social reality nor a social ideal. One of the difficulties that every historian faces in trying to reconstruct a period of the past with the help of legal monuments is due to the great variety of relations existing between legal rules and social reality. So, e.g., legal monuments generally contain in an inextricable confusion at least two contradictory types of rules: rules which are a simple restatement …

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American Philosophy Of Law, Clarence Emmett Manion Jan 1943

American Philosophy Of Law, Clarence Emmett Manion

Journal Articles

America’s philosophy of law is a rich heritage sculpted by the American Revolution. The bold aspirations of the Declaration of Independence, which advances notions of inalienable, God-given rights find more mild-mannered forms in our Constitution. However, this prevailing concept is what makes our legal and political environment distinct from our English forebears.

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Military Action In Labor Disputes, William Burns Lawless Jan 1943

Military Action In Labor Disputes, William Burns Lawless

Journal Articles

Generally, we may say that the executive power to initiate military action is commensurate with the emergency. If the situation is grave, the civil courts may be closed and a military commission appointed by the governor to substitute for the judiciary. In all events the power is potentially a vast one. Discriminate, ly applied it bargains a temporary suspension of rights for a restoration of law and order.

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Administrative Boards And Delegation Power, William Burns Lawless Jan 1943

Administrative Boards And Delegation Power, William Burns Lawless

Journal Articles

With the growth of American federalism and the passing of the doctrines of laissez faire as axioms of economic and political legal theory, the Congressional function magnified. Throughout the last decade the multiphased problems of Congress has necessitated the creation of administrative commissions to perform-the policies of the legislature. Congress continues to declare the law and determine the legal principle to control in given cases. In the same breath of legal creation it goes farther and provides for an administrator or commission to vitiate the doctrine set-out. The transfusion of power from the national legislature to the administrator promotes sensitive …

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Book Review. Maestro, M. T., Voltaire And Beccaria As Reformers Of Criminal Law, Jerome Hall Jan 1943

Book Review. Maestro, M. T., Voltaire And Beccaria As Reformers Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Reglamento Del Fondo De Auxilio Del Abogado, Colegio De Abogados De La Habana Jan 1943

Reglamento Del Fondo De Auxilio Del Abogado, Colegio De Abogados De La Habana

Mario Diaz Cruz Pamphlets

No abstract provided.

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Code Making In Early Oregon, Arthur S. Beardsley Jan 1943

Code Making In Early Oregon, Arthur S. Beardsley

Articles

This article was originally printed in the Pacific Northwest Quarterly, vol. 27 (Jan. 1936), 3-33. For the purpose of reprinting, the author has revised and expanded it, and in doing so has had the benefit of certain valuable suggestions from Mr. J. Nielson Barry of Portland, Oregon.

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Comparative Research And Unification Of Law, Hessel E. Yntema Oct 1942

Comparative Research And Unification Of Law, Hessel E. Yntema

Michigan Law Review

The current interest in international unification of law as a major objective of comparative legal research is significant testimony, in an era of accentuated nationalism, to the increasing solidarity of the modern world. In the development of this interest, Latin America has played a pioneer role. As early as 1826, the celebrated Congress convened at Panama envisaged in its deliberations what one of its members termed a "System of Public Law" for the Americas. The Congress of Montevideo of 1888-1889, anticipated by the Lima Congress of Jurists of 1878, produced the first substantial and successful codification of private international law, …

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Corporate Proxies, Leonard H. Axe Aug 1942

Corporate Proxies, Leonard H. Axe

Michigan Law Review

The earlier forms of corporations in England seem to have been political units and the normal mode of conferring corporate rights was by an issue of a charter from the crown, whereby a body of individuals was designated a corporation with the sovereign power to exercise appropriate privileges. Since the charter was issued by the crown, the corporation was considered a part of the government and each member of the corporation was entitled to one vote if given by him in person. As one writer has so well stated, this "was the result of a political philosophy which assumed that …

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Antitrust During National Emergencies: I, Thomas K. Fisher May 1942

Antitrust During National Emergencies: I, Thomas K. Fisher

Michigan Law Review

In this article an examination will be made of the effect of previous national emergencies upon the enforcement and substantive content of the antitrust law. The extent to which the problem as presently constituted has counterparts in the past will be noted. Following the historical survey, consideration will be given to the several steps already taken to accommodate the law to the conditions of an economy in a war of world dimension. In conclusion, suggestions will be made for resolving certain aspects of the problem as yet unsatisfactorily answered. Before entering into a discussion of the past emergencies, a brief …

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Taxation Of Annuity Contracts Under Federal Income Tax, Robert Meisenholder May 1942

Taxation Of Annuity Contracts Under Federal Income Tax, Robert Meisenholder

Michigan Law Review

A number of questions dealing with the taxability of commercial annuity policies under death tax statutes have received judicial consideration. By contrast, only a few questions dealing with the taxability of these contracts under income tax laws have been raised before the courts. But the income tax problems are equally important in terms of tax liability. Moreover, they will in the future assume an even larger significance in view of the large number of annuity contracts of various types which have been issued and are now being offered by insurance companies. Accordingly some explanation of these problems is warranted.

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Developments In The Conflict Of Laws, 1902-1942, Ernest G. Lorenzen Apr 1942

Developments In The Conflict Of Laws, 1902-1942, Ernest G. Lorenzen

Michigan Law Review

The writer's interest in the conflict of laws coextends substantially with the life of the Michigan Law Review. This may be some excuse for attempting to trace some of the developments in this field in the intervening years. Let us consider first what has happened in this country and thereupon what has occurred in the rest of the world.

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The Courts And Early Bar Of The Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald Apr 1942

The Courts And Early Bar Of The Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald

Washington Law Review

Territorial justice in Washington had its roots in the judicial system of Oregon Territory, where the need for the administration of law and order was the motivating force which initiated the formation of civil authority The adnmnstration of justice, like the civil authority, must expand as the population grows and as the territorial area becomes larger and better organized. Strong men are always needed in the administration of justice; but in the frontier settlement where law and order are often flouted with impunity, even stronger men are needed if the courts are to command the respect which is their due. …

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Italian Administrative Courts Under Fascism, Paul B. Rava Mar 1942

Italian Administrative Courts Under Fascism, Paul B. Rava

Michigan Law Review

Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …

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Transactions Of The Supreme Court Of The Territory Of Michigan: A Review, Francis S. Philbrick Mar 1942

Transactions Of The Supreme Court Of The Territory Of Michigan: A Review, Francis S. Philbrick

Michigan Law Review

Of the colonial documents that record the legal origins of our original states, those of Maryland have been published in relatively generous but still inadequate number, while collections for other states are still scantier. A sampling is all that a multiplicity of destructive agents have left us as a possibility. The hope, however, has recently become permissible that an awakened interest among lawyers may secure us, for publication, an expert sampling in place of that made by fire, vermin, mould, and official neglect in leaving us the records still surviving, and that lawyers may also give us proper editions of …

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The Popularization Of Law, Huntington Cairns Feb 1942

The Popularization Of Law, Huntington Cairns

Michigan Law Review

Law has been a major interest of the Western, and particularly the European, mind. Like physics it has provided a subject matter upon which many of the resources of the human intellect may be tested. It has yielded to many methods and, as a specialty with a circumscribed body of material, it has demanded the formulation of clear ideas so that interconnections are manifest and irrelevancies eliminated. Its great reward is the bestowal of the sense for style, which Whitehead has termed the ultimate morality of mind, and which is the product of specialization alone.

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Book Review. Cairns, H., The Theory Of Legal Science, Jerome Hall Jan 1942

Book Review. Cairns, H., The Theory Of Legal Science, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Book Review. Boorstin, D. J., The Mysterious Science Of The Law, Jerome Hall Jan 1942

Book Review. Boorstin, D. J., The Mysterious Science Of The Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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A Proposal For Co-Operative Research On The Bill Of Rights, Jerome Hall Jan 1942

A Proposal For Co-Operative Research On The Bill Of Rights, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Procedure To Test Title To Public Office In Maryland - Jackson V. Cosby, Et.Al. Jan 1942

Procedure To Test Title To Public Office In Maryland - Jackson V. Cosby, Et.Al.

Maryland Law Review

No abstract provided.

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Legislative History And Maryland Statutory Construction, Bernard S. Meyer Jan 1942

Legislative History And Maryland Statutory Construction, Bernard S. Meyer

Maryland Law Review

No abstract provided.

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