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Articles 1411 - 1417 of 1417
Full-Text Articles in Law
Congress And The Supreme Court (Continued), Thomas Frank Konop
Congress And The Supreme Court (Continued), Thomas Frank Konop
Journal Articles
In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.
Congress And The Supreme Court, Thomas Frank Konop
Congress And The Supreme Court, Thomas Frank Konop
Journal Articles
In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.
Study In Special Findings Of Facts And Conclusions Of Law, Francis Joseph Vurpillat
Study In Special Findings Of Facts And Conclusions Of Law, Francis Joseph Vurpillat
Journal Articles
These findings of fact and conclusions of law were prepared and filed by the writer as Judge of the Starke Circuit Court of Indiana, in the case of Friebe vs. Elder etl al. A new trial as of right was immediately granted the plaintiff under the statute directing the trial court to grant a new trial without cause, upon the filing of the application and bond by the aggrieved party. A special judge tried the case anew and filed substantially the same findings and conclusions. From the second judgment the case was appealed to the Appellate Court of Indiana and …
The Law And Lawyers, William J. Hoynes
The Law And Lawyers, William J. Hoynes
Journal Articles
In this piece, William Hoynes rebukes the pessimism of onlookers who fear that the legal profession has lost its virtue and become overcrowded. Here, Hoynes concedes that the lawyer population has expanded due to a correlating growth of business and that some who bear the title “lawyer” have failed the honor of the profession through the predatory tactic of inciting potential litigants. However, Hoynes moderates this view by shedding light on the prevalence of obtaining legal education to arm oneself with tools useful in reaching success in a myriad of fields other than law practice. In sum, this paper asserts …
Salutation, Francis Joseph Vurpillat
Salutation, Francis Joseph Vurpillat
Journal Articles
Francis J. Vurpillat, '91, editor-in-chief on the faculty board for the new student publication The Notre Dame Law Reporter, encourages the alumni be supportive.
Constitutional Law - War Powers Of Congress (Validity Of Conscription Act), Francis Joseph Vurpillat
Constitutional Law - War Powers Of Congress (Validity Of Conscription Act), Francis Joseph Vurpillat
Journal Articles
This paper was read before The Round Table of South Bend, Indiana, and before the classes in constitutional law prior to the rendition of the decision by the United States Supreme Court, sustaining the Conscription Act. The paper is here presented in its original form, by request, on account of its controversial character and legal-brief style, the subject-matter of constitutional law and war powers being ever new to students of the law.
The Law And Its Study, William J. Hoynes
The Law And Its Study, William J. Hoynes
Journal Articles
The author seeks to give a sweeping discussion the study of law starting with the primitive sources of law and how laws and governance has developed among the great societies of old. Here, the author asserts that these societies studied the power of nature from which they developed their own laws or cultivated a conception natural law. Such societies mentioned are those from which we consider the foundations of legal form and jurisprudence; Babylon, ancient Israel, Egypt, classical Greece and Rome. Then the author offers a brief analysis of the nature of modern legal education, describing the practical and cultural …