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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1940, Volume 2, 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, 1940, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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 …

Gibbons V. Ogden Then And Now, Hugh Evander Willis

Kentucky Law Journal

No abstract provided.

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.

Missouri Supreme Court; Respondents' Brief On Second Hearing; May Term 1939

Case Materials

No abstract provided.

Early Washington Marital Property Statutes, Cyril Hill

Washington Law Review

Twenty years prior to statehood, the legislature of the Territory of Washington adopted the Community Property System. For nearly seventy years the courts have struggled with its provisions. Although the original act was copied largely from a statute adopted in California in 1850, such changes have been made, that the system in Washington may be regarded as unique. The adoption of the system in its present form was not accomplished by one stroke of the pen. Rather, it has had a checkered career. The original statute passed in 1869 was followed by a marital partnership property act approved November 29, …

Letter, 1939-03-03, Lloyd Gaines To Callie Gaines; This Letter Is The Last Contact With His Family Before His Disappearance., Lloyd L. Gaines

Gaines Family Correspondence

Envelope: Postmarked March 4th, 1939, Chicago, ILL., Stock Yards Sta.1; cancelled 3 cent stamp. Return address: LLGaines, Room 203, Wabash Ave. YMCA, Chicago Illinois. Addressed to: Mr. Callie S. Gaines, 3932 W. Belle Place, St. Louis, Missouri. Letter:8 pages (mis-numbered). This letter is the last contact with his family before his disappearance.

Prohibition - Is The Writ Of Prohibition A Prerogative Writ?, Russel T. Walker

Michigan Law Review

The writ of prohibition originally issued from the king's temporal courts to the ecclesiastical courts to prevent any usurpation of jurisdiction of the king's courts by the spiritual courts. Prohibition has been classed as one of the prerogative writs, that is, a writ issued by the extraordinary power of the sovereign to interfere with private rights in order to preserve the prerogatives and franchises of the state. The writ of prohibition differed historically from the other prerogative writs in that its issuance was not discretionary with the court, but rather it was held to issue as a matter of right …

Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud

Michigan Law Review

At one time, under the Roman civil law, neither a physician nor an advocate could recover in an ordinary action at law for services rendered. The philosophical interpretation put upon such services was that, each case being sui generis both as to the value of the service to the patient and as to the skill and attainment required of the physician, a fixed and invariable salary could not be predicated upon this basis and therefore the compensation must depend upon the case. This compensation was not a matter of right but a gratuity or honorarium, as it was called, paid …

Book Review. Pound, R., The Formative Era Of American Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Codes And Code Makers Of Washington, 1889-1937, Arthur S. Beardsley

Articles

Under the provisions of the Organic Act of Washington Territory, Congress had agreed to provide for the publication of the territorial statutes; hence, so long as Congress was willing to assume the cost of the publication of these territorial laws under the guise of a codification of the statutes, but little attention toward the preparation of a compilation, in the form in which this term is generally understood, was likely. The agitation for statutory reform, which consumed no small part of the time of the various territorial legislative sessions, was not motivated by a hope for a code of the …

Statute And Judge In Roman Criminal Law, Ernst Levy

Washington Law Review

This article is essentially an abbreviated version of a detailed investigation published in 4 Bulletino del Instituto di Diritto Romano "Vittorio Scialoja", 57-166 (1938, Milan) under the title: Gesetz und Richter im kaiserlichen Strafrecht. That paper may be consulted for source material and references. I wish to express my sincerest thanks to the John Simon Guggenheim Memorial Foundation which by the grant of a fellowship has enabled me to undertake this research.

United States Supreme Court; Respondents' Supplemental Brief To U.S. S. Ct. Decision; October Term 1938

Case Materials

No abstract provided.

United States Supreme Court; Decision; October Term 1938, Chief Justice Hughes

Case Materials

No abstract provided.

United States Supreme Court; Bound Copy Of Petition Of Respondents' For Rehearing; October Term 1938

Case Materials

No abstract provided.

United States Supreme Court; Respondents' Brief In Opposition To Petition For Certiori; October Term 1938

Case Materials

No abstract provided.

A Government Of Laws Or A Government By Men, O R. Mcguire

Indiana Law Journal

Address delivered February 5, 1938, in Indianapolis before the Indiana State Bar Association, by 0. R. McGuire, of Washington, D. C., counsel of the comptroller general of the United States, and Chairman of the Special Committee on Administrative Law of the American Bar Association.

NOTE: Cover is mislabeled v.13 no.4 April 1938

Johnson Newlon Camden--A Study In Individualism, C. C. Williams Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law - Federal Courts - Law To Be Applied In Cases Of Diversity Of Citizenship - Swift V. Tyson Overrule, Frank B. Stone

Michigan Law Review

A recent personal injury case, Erie Railroad v. Tompkins, arose in the federal district court, based upon diversity of citizenship, in which the defendant urged that state judicial decisions of Pennsylvania, the locus delicti, imposed no liability on it for negligence to trespassers. The plaintiff denied that such was the Pennsylvania law and alternatively replied that the issue of law was one to be determined by the federal court without regard to the law of Pennsylvania. On April 25, 1938, a verdict for the plaintiff was unanimously set aside by the Supreme Court. Two members, Justices Butler and McReynolds, …

Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips

Michigan Law Review

We are living in a day when democracy is receding and the totalitarian state is advancing on many fronts. Three great nations have accepted as their governmental system authoritarian collectivism. Under the totalitarian systems, the right of the individual to think freely, to engage in free enterprise, to enjoy personal liberty, and to work out his own destiny is taken away. Instead, there is a regimentation of human beings, where everyone's thought, everyone's time, everyone's labor, and at last everyone's life, are at the disposal of a supreme authority. Of course, such a system means the vesting of tremendous powers …

Law Departments And Law Officers In American Governments, John A. Fairlie

Michigan Law Review

On all levels of government, national, state and local, the need for the services of professional lawyers has been recognized. In addition to the judges of the higher courts, there are other law officers, whose function it is to give legal advice and assistance to the various executive administrative agencies, and to act as attorneys for the government and its officials in proceedings before the judicial courts in the enforcement of criminal laws and in other cases where the government or its officials are parties or are concerned with the legal problems involved. Little attention has been given to the …

Freedom Of The Press And Of The Mails, Eberhard P. Deutsch

Michigan Law Review

It should be unnecessary to amend the Federal Constitution to accommodate the facilities of government to the needs of society, as those needs develop with the social and scientific advance of civilization. But the trend of legislative effort to reach beyond constitutional limits to satisfy fleeting economic or political expediencies, without regard for the vital distinction between sound and substance, and of courts to seek justification for such excursions, under the benefit of constitutional doubt due "solemn expressions of legislative will," may lead to highly dangerous situations. As this trend is permitted to reach extremes, the erasure of the well-defined …

Concepts And Policies In Anglo-American Administrative Law Theory, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1938, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Letter, 1937-11-30,Lloyd Gaines To George L. Gaines; Encourages Brother To Visit Lloyd In Ann Arbor, Michigan., Lloyd L. Gaines

Gaines Family Correspondence

Envelope: Postmarked Nov. 30, Ann Arbor, Mich. 2 cancelled 3 cent stamps. Return address: 1017 1/2 E. Catherine, Ann Arbor, Mich. Addressed to: Mr. Geo. D. Gaines, 3932 W. Belle Place, St.Louis, Missouri. Letter: 1 page letter on mongrammed stationery. Encourages brother to visit Lloyd in Ann Arbor, Michigan.

Missouri Supreme Court; Decision; September Term 1937, Judge William F. Frank

Case Materials

No abstract provided.

Letter, 1937-06-14,Lloyd Gaines To George L. Gaines; Discusses Work Prospects After Master's Degree Is Achieved., Lloyd L. Gaines

Gaines Family Correspondence

Envelope: Postmarked June 14, 1937, BUFF an CHI W.D. R.P.O.Special Delivery. 1 cancelled 10 cent stamp and 3 cent stamp. Return address: LL Gaines, 1017 1/2 E. Catherine, Ann Arbor, Mich. Addressed to: Mr. Geo D. Gaines, 3932 W. Belle Place, St. Louis, Missouri. Letter, 3 page letter with accompanying newspaper article. Discusses work prospects after master's degree is achieved.

Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg

Michigan Law Review

The country finds itself infected with a strike rash. Conditions are now like those which previously have resulted in this state of affairs. The midtide of recovery from a depression low has brought rising prices, freer spending, business increase, and speeded up production, but only incomplete relief to labor from depression hours and wages and the later speed-up. Such traditional causes of strikes have been coupled with a new demand for labor recognition. Moreover, a strike now has a much greater chance of success than it would have had at any time within the past several years--a potent stimulant to …

Amending The Constitution Article Five: The Keystone Of The Arch, Ralph R. Martig

Michigan Law Review

Article V is the keystone of the Constitution. For, by altering its provisions, the process of amendment can be made so rigid as to become impracticable, or so flexible that the instrument can be altered without sufficient thought. Through this article, then, we reach toward every other clause in the Constitution.