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Full-Text Articles in Law
Alien Rights In The United States In Wartime, W C. Hunter
Alien Rights In The United States In Wartime, W C. Hunter
Michigan Law Review
The large number of aliens in the United States presents one of the many problems with which the Government has had to deal in the present war. Technically every immigrant from Germany and Austria-Hungary who has not taken out papers of naturalization and who therefor still owes allegiance to the Fatherland is an enemy alien. But while the great majority of these aliens are naturally sympathetic with German war aims, or at least are not ready to give their wholehearted support to the Allies, they are not a source of danger to the United States. Only a small section have …
Sociological Interpretation Of Law, Joseph H. Drake
Sociological Interpretation Of Law, Joseph H. Drake
Articles
It is not the purpose of this paper to essay a definition of either of the formidable words in the title. The object is rather to call attention away from the metaphysical question, what is law? to the sociological question, how may we best attain justice in the administration of law? and, by the aid of some examples from history and comparative law, to justify as legal and constitutional the sociological method of interpretation. That such justification is necessary is evident from the fact that although the dictum of Mr. Justice. HOLMES in the dissenting opinion in Lochner v. New …
Some Aspects Of Fifteenth Century Chancery, Willard T. Barbour
Some Aspects Of Fifteenth Century Chancery, Willard T. Barbour
Articles
IT is now more than thirty years since Justice Holmes in a brilliant and daring essay set on foot an inquiry which has revealed the remote beginnings of English equity. Equity and common law originated in one and the same procedure and existed for a long time, not only side by side, but quite undifferentiated from each other. Their origin is to be found in the system of royal justice which the genius of Henry II converted into the common law; but this royal justice was in the beginning as much outside of, or even antagonistic to, the ordinary judicial …