Law Commons^™

Proposals To Change The Maryland Appellate Court System, Walter H. Buck

Maryland Law Review

No abstract provided.

Book Review. Timasheff, N. S. An Introduction To The Sociology Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Pound, Mcilwain, And Nichols, Federalism As A Democratic Process, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1942, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1942, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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

Articles

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 administration 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. …

Revocation Of Wills By Subsequent Change In The Condition Or Circumstances Of The Testator, Elizabeth Durfee

Michigan Law Review

Among the oldest rules in the law of wills are those by which a will is held to be revoked by implication by certain changes in the circumstances of the testator. The purpose of this paper is to investigate these rules. Special reference will be made to statutes, both those which deal generally with the subject and those which provide specifically for the effect of particular events, such as marriage; no attempt will be made, however to analyze the latter type of statute exhaustively. By way of introduction, a brief historical survey of the doctrine should be made.

Excess Profits Taxation In 1941, Charles Victor Beck Jr., Jamille George Jamra, David L. Loeb

Michigan Law Review

The problems of business taxation are twofold: from the governmental standpoint, the problem is to obtain sufficient revenues at a minimum of cost and with the least resistance; from the business standpoint, the problem is to obtain lighter taxation where possible at a minimum of cost and with the greatest simplicity and uniformity. The excess profits tax has been devised by the economists of the several nations with the object of bolstering national taxing systems in extraordinary periods which demand abnormal revenues. With the advent of the excess profits tax, the desire for simplicity and low cost in taxation was …

Conditions And Limitations In Restraint Of Marriage, Olin Browder Jr.

Michigan Law Review

From ancient times it has been a practice of testators to provide for the termination of a devised estate upon the marriage of the devisee, or to make their gifts conditional upon a beneficiary's marrying in a prescribed manner. In this way, a parent may hope to extend beyond his death his influence over recalcitrant or irresponsible offspring. But restraints on marriage may have other purposes. More often than not, a testator, by limiting an estate until marriage or by providing for forfeiture upon marriage, may merely seek to assure the maintenance of a female beneficiary until a husband assumes …

The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith

Michigan Law Review

Promotion of collective bargaining appears to be a governmental policy borne of the travails of economic emergency during World War I, though it was somewhat foreshadowed by the earlier attempt in the Erdman Act of 1898 to outlaw the "yellow-dog'' contract. It first gained recognition by certain of the individual branches of the administration II and was subsequently suggested as an over-all policy, along with recognition of the right of self-organization and other principles, by the War Labor Conference Board. This board was appointed in January, 1918, by the Secretary of Labor and consisted of nominees of the National Industrial …

The Right Of Privacy, Louis Nizer

Michigan Law Review

It is only during the last half-century that the law has recognized the "right to be let alone"-the right under certain circumstances to protect one's name and physiognomy from becoming public property.

No mention of such a right will be found in the works of the great political philosophers and tract-writers of the seventeenth and eighteenth centuries-Hobbes, Locke, Rousseau, Montesquieu, Spencer, Paine. In discoursing on "natural rights," "the state of nature," "social contract," and "the inalienable rights of man," they were concerned only with the power of the state to abridge the liberties of the people. Society had not yet …

Council And Court: The Handbill Ordinances, 1889-1939, James K. Lindsay

Michigan Law Review

The extent to which a municipality may regulate or prohibit the distribution of handbills and circulars on its streets and from house to house has been thoroughly considered by the courts in the last two years. These recent cases reveal one phase of a battle historically rich and presently important to the American people. It is the thrust of a principle-the right of free speech and press-against the encroachments of municipal governing bodies concerned with the practical problem of keeping their streets clean. The municipal official sees the problem thus: "One of the small but aggravating nuisances which most cities …

Book Review. Jackson, R. M., The Machinery Of Justice In England, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Movement To Reorganize The Court Of Appeals Of Maryland, William C. Walsh

Maryland Law Review

No abstract provided.

Book Review. Radin, M., Law As Logic And Experience, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Prolegomena To A Science Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Early Efforts To Locate The Capital Of Washington Territory, Arthur S. Beardsley

Articles

Several political controversies began with the organization of the territorial government of Washington in 1854, grew in intensity with the passage of years, and did not end on the proclamation of statehood in 1889. Among such controversies was the fight for the location of the capital. In fact, contention over the location of the seat of territorial and state government did not cease until the completion of the capitol building in 1927. During the interval of seventy-three years many efforts were made to relocate the capital, and at some time in this period nearly every important city within the present …

Later Attempts To Relocate The Capital Of Washington, Arthur S. Beardsley

Articles

The controversy over the location of the seat of government, which had flared up frequently in Washington Territory during the period 1855-1875, was comparatively dormant in the following decade. With the coming of the railroads, the discovery of gold in the Fraser River country and Idaho, the use of irrigation in central Washington, the growth of the sheep and cattle business, the increase in commerce on the Columbia and Snake rivers, the development of the lumber and fishing industries west of the Cascade Range, the population of all sections of the territory rapidly increased, and Washington Territory was soon to …

Instalment Payment Of Judgments, Frederick Woodbridge

Michigan Law Review

This article is concerned primarily with a discussion of satisfaction of judgments by instalment payments where the judgment debtor is the typical American wage earner. It is based upon an analysis of the applicable statutes, the experience recorded in decided cases, interviews with numerous judges administering the statutes, and observations in certain of the courts where that method is used.

Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes

Michigan Law Review

It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.

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.

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.

West Virginia Law Review

No abstract provided.

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

West Virginia Law Review

No abstract provided.

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 …

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

Articles by Maurer Faculty

No abstract provided.

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 …

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

Maryland Law Review

No abstract provided.