Law Commons^™

Debt Of The Modern Law Of Guardianship To Roman Law, Charles P. Sherman

Michigan Law Review

The Roman law of guardianship grew out of the family organization. It is also quite closely connected with the law of inheritance. The power of a guardian is that form of family power which ordinarily takes the place of paternal power when there is no one to exercise the latter. It was originally at Rome but an extension of the paternal power. In this respect the conception of guardianship is different in English law -- English guardianship rests on the principle of protecting the bodily and mental immaturity of youth.

Debt, Assumpsit, And Consideration, W S. Holdsworth

Michigan Law Review

Lord Mansfield is said to have remarked that "nothing in law is so apt to mislead as a metaphor;"' and if the remark is applied to branches of the law, the principles of which are fully developed and abundantly illustrated by decided cases, it is doubtless very true. But the historian of law, who looks at the efforts of the courts to create these principles 'by the expansion and adaptation of a few narrow remedies, will not be inclined to undervalue the use of the metaphor or analogy, 'when used to give effect to the requirements of public policy, and …

Ingenuity Of The Infringer And The Courts, Edward S. Rogers

Michigan Law Review

The person who imitates a trademark has by common consent come to be described as a "pirate." At the time the designation was first applied, it was more or less appropriate. The pirate saw and coveted his neighbor's successful business, and like any MORGAN, TEACH, SHARKEY, or L'OLLONOIS, sighting a fat galleon laden with plate wallowing in the trade winds, homeward bound from the Indies, he laid himself alongside and took what he wanted. He counterfeited marks and labels as exactly as he could, not as he dared. There was no limit to his impudence. He was deterred only by …

Pecote': A Bit Of Legal Archaeology, Joseph H. Drake

Articles

In the case of Pusey v. Pusey, 1 Vern. 273 (1684), the "bil was, that a horn, which time out of mind had gone along with the plaintiff's estate, and was delivered, to his ancestors in ancient times to hold their land by, might be delivered to him; upon which horn was the inscription, viz. pecote this horn to hold huy thy land." The bill was demurred to in that the plaintiff did not by his bill pretend to be entitled to this horn, either as executor or devisee; nor had he in his bill charged it to be an …

Editorial Preface To This Volume, Joseph H. Drake

Other Publications

"American juristic thinking at the present time needs a von Ihering. Our jurists, our legislators and our courts, both bench and bar, are still holding fast to an historical 'Naturrecht' built up on the precedents of the Common Law.... The public is crying out against our crystallized and inelastic theory and practice of law. The practical application of the idea of law as purpose would, in many cases, loosen our legal shackles and open the way out of our legal difficulties ...."

"The days of 'laissez faire' in legal matters have gone by in America as well as in Germany. …

The Pelatiah Webster Myth, Edward S. Corwin

Michigan Law Review

For several years Mr. Hannis Taylor has been endeavoring to persuade the American public that the Constitution, instead of being the work of the Convention of 1787, acting under the guidance of men like Madison, Hamilton, Pinckney, Patterson, Ellsworth, and others of similar caliber, was really the invention of a single individual, Pelatiah Webster by name, whose fame, till Mr. Taylor's resurrection of it in The North American Review for August, 1907, had dropped quite out of historical notice. Since this first publication of his discovery, Mr.Taylor has returned to the attack time and time again, now in a memorial …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1912, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Trusts And Duties Of Trustees: Instruction Paper, George L. Clark

Books

“Trusts and Duties of Trustees: Instruction Paper” is an overview of the history and current [1912] practice regarding express trusts. Chapters: Chapter I. Origin and Requisites of Expressed Trusts; Chapter II. Nature and Requisites of Express Trusts; Chapter III. Nature of Cestui Que Trust’s Interest; Chapter IV. Resulting and Constructive Trusts; Chapter V. Transfer of Trust Property; Chapter VI. Relinquishment of a Trust; Chapter VII. Duties of a Trustee. Included is an “Examination Paper” for self-testing -- the material is designed to facilitate distance learning under the auspices of the American School of Correspondence based in Chicago, Illinois, as of …

A Treatise On The Constitution Of Georgia, Walter Mcelreath

Historical Treatises

Excerpt from the preface:

Every thorough lawyer and careful judge in Georgia has experienced great difficulty in tracing the history of constitutional provisions through the scattered and rare volumes of digests, codes and sessions laws and has suffered great inconvenience in ascertaining with certainty what was the organic law with respect to a given proposition at a given time. To remove this difficulty and to lessen this inconvenience, the preparation of the present work was undertaken, with the primary purpose to exhibit the fundamental law of the state,-not to furnish a commentary upon it. It was at first proposed only …

Journal Of The Senate Of The Commonwealth Of Kentucky, 1912, Volume One, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1912 term. This volume covers January 2, 1912 to February 24, 1912.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1912, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

The Law In The United States In Its Relation To Religion, Edwin C. Goddard

Other Publications

Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. He is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. Man never has lived to himself alone. Government is not an invention, a necessary evil, to which men submit. On the contrary, from the most primitive beginnings it has been man's natural though imperfect instrument for controlling and developing the social estate so essential to his very existence. And universally this government has …

Journal Of The Senate Of The Commonwealth Of Kentucky, 1912, Volume Two, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1912 term. This volume covers February 24, 1912 to March 12, 1912. This volume includes the index for both volumes.

The Mosaic Law, Clarence A. Lightner

Michigan Law Review

In recent years much has been learned of the civilization, which developed in early times in Mesopotamia. In Babylon, laws appropriate to a vast and wealthy agricultural nation, which was engaged, also, largely in commerce, had been developed many centuries before the authentic history of other peoples begins. This civilization was Semitic. A great light, where formerly but dim reflections had been seen, was thrown upon this jurisprudence by the discovery, in 1901, of the codification of the laws of Babylonia, which was promulgated by King Hammurabi about 2350 B. C. Migration from Babylonia occurred from time to time, and …

The Law In Its Relation To Morals And Religion, Edwin C. Goddard

Articles

"Man is a religious being... Man has never lived to himself alone. His natural state has ever been a social one, in which development and enjoyment became possible only by mutual inter-dependence and social intimacy. Government is not an invention, not a necessary evil to which men submit. On the contrary... it has been man's natural instrument for controlling and developing the social estate so essential to his very existence ... [a]nd universally this government has been more or less closely related to religious institutions."

The State's Power Over Foreign Corporations, Harold M. Bowman

Michigan Law Review

This paper is devoted to a consideration of certain phases of our constitutional law governing the authority of the states over foreign corporations as that authority developed between the end of the fourth decade of the last century and the end of the first decade of this, and as it has been altered by a remarkable group of decisions rendered by the Supreme Court of the United States only about a year ago. The subject is one which concerns the frame of our institutions, for the final view which the Court shall take upon the questions involved in this matter …

The Judicial Reforms Of The Reign Of Henry Ii, Richard Hudson

Michigan Law Review

Inasmuch as this paper is to deal with the judicial reforms of the reign of Henry II, and more particularly with the extension of the jurisdiction of the king's court during that period, we must at the outset, for the purpose of comparison, make a brief study of the courts, their jurisdiction, and their methods of procedure at the close of Saxon and the beginning of Norman times. Mention should first be made of the courts of the hundred and of the shire, for it was in these public local courts, particularly in the former, that in early times justice …

The Establishment Of Judicial Review Ii, Edwin S. Corwin

Michigan Law Review

In tracing the establishment of judicial review subsequently to the inauguration of the national government it will be important to bear in mind that there are two distinct kinds of judicial review, namely, federal judicial review, or the power of the federal courts to review acts of the State legislatures under the United States Constitution, and Judicial review proper; or the power of the courts to pass upon the constitutionality of acts of the coordinate legislatures. That the Judiciary Act of 1789 contemplated, in the mind of its author, Ellsworth, the exercise of the power of review by the national …

The Pandex, Volume Vi

Kansas City School of Law Pandex Collection

Yearbook for Kansas City School of Law in Kansas City, Missouri, includes photos of and information about the school, student body, professors, and organizations.

Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus

Articles

In the case of Forbes et al. v. Chuoco Tiaco, decided by the Supreme Court of the Philippine Islands July 30, 1910, 8 Off. Gaz., p. 1778, some of the most interesting, important, and fundamental questions were presented and determined for the time being, but not settled, it is reasonably safe to say until passed upon by the Supreme Court of the United States. The questions involved were whether the Governor General of the Philippine Islands has the power to expel resident Chinese aliens without a hearing or an opportunity to be heard, and whether the Governor, if he exceeded …

The Establishment Of Judicial Review (I), Edwin S. Corwin

Michigan Law Review

When Gladstone described the Constitution of the United States as "the most wonderful work ever struck off at a given time by the brain and purpose of man," his amiable intention to flatter was forgotten, while what was considered his gross historical error became at once a theme of adverse criticism. Their contemporaries and immediate posterity regarded the work of the Constitutional Fathers as the inspired product of political genius and essentially as a creation out of hand. Subsequently, due partly to the influence of the disciples of Savigny in the field of legal history, partly to the sway of …

A Recent History Of English Law, Arthur Lyon Cross

Michigan Law Review

In 1607, if his own word can be behaved, "tough old Sir Edward Coke," that monster of legal learning, told King James I "that causes which concern the life, or inheritance, or goods, or fortunes of his subjects are not to be decided by natural reason, but by the artificial reason and judgment of the law, which requires long study and experience before a man can attain to the cognizance of it." The celebrated Sir John Fortesque, when pressed on one occasion in the reign of Henry VI by the legal absurdity of a distinction he was laying down as …

Some Historical Matter Concerning Trade-Marks, Edward S. Rogers

Michigan Law Review

Most of the text books on the subject of trade marks begin with the case of Southern v. How, and either expressly assert, or by implicating convey the impression that trade marks are a comparatively modern thing, when, as a matter of fact few human institutions can boast a more respectable antiquity. The use of trade marks dates from the very earliest times of which we have any knowledge. The recent excavations in Asia Minor and in Egypt have revealed bricks bearing names which are supposed to be those of the manufacturers accompanied in many instances by devices. Roman bricks …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, January 4, 1910 - March 18, 1910, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

The Struggle For A Perpetuity, John R. Rood

Articles

It is natural for us moderns to conceive of the right to alienate as an inseparable incident of ownership, since we have known no other condition; and in the modern books and decisions the subject is generally disposed of with the curt statement as if it were a truism. It is believed that to such as are not familiar with the history of that doctrine a review of the struggle through centuries, by which it was finally established on its present firm foundation, would not be devoid of interest.

Some Leading Principles Of Chinese Law, Gustavus Ohlinger

Michigan Law Review

It has frequently been remarked that of all nations, China approaches most nearly the Jeffersonian ideal in being the least governed. To a greater extent than any other people, the Chinese manage their own affairs. The usages of trade are defined by the various commercial guilds-organizations which have acquired a prestige and influence without parallel in any other country. Commercial disputes are submitted to these bodies and by them are settled promptly, finally, and usually satisfactorily. Matters of currency and exchange are determined by the powerful bankers' guild. Physicians, fortune-tellers, geomancers and even mendicants, have their organizations through which the …

Journal Of The Senate Of The Commonwealth Of Kentucky, January 4, 1910 - March 15, 1910, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Excerpts From Article In The Publishers Weekly For July 3, 1909 Summarizing Revision History, United States Congress

Legislative History – Copyright Act of 1909

THE COPYRIGHT CODE: ITS HISTORY AND FEATURES

The new copyright code became operative July 1, 1909, and is now in force. In view of its importance, a retrospect of its history and some further comment on its character may be of interest. …

(unsigned)

Excerpts From The Report Of The Register Of Copyrights For The Fiscal Years 1906-1907, 1907-1908 And 1908-1909, United States Congress

Legislative History – Copyright Act of 1909

"During the fiscal year covered by this report important motion has been taken in the direction of a revision of the copyright laws." …

The Anthracite Coal Industry And The Busness Affected With A Public Interest, Andrew Alexander Bruce

Michigan Law Review

The constitutions, state and federal, do not anywhere guarantee any absolute property rights nor right to liberty. The guarantee is merely that no person shall be deprived of life, liberty and property without due process of law. The right to liberty and property was never absolute under the English law, and the American constitutions have never been construed as going further than guaranteeing the continuance of the rights which existed at the time of their adoption.