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Articles 2131 - 2154 of 2154

Full-Text Articles in Law

Materials Of Jurisprudence, James V. Campbell Dec 1879

Materials Of Jurisprudence, James V. Campbell

Articles

This period is marked by rather more strenuous efforts than have been made before in this country, to solve the problem of condensing and simplifying the law. Our own day is peculiar in the endeavors we have seen to evolve what is claimed to be a science of jurisprudence. Some admirable writers have succeeded in dividing the domain of law into its larger or smaller fields, and have shown with more or less fulness the relative positions of these, and their mutual dependence. This is a valuable service; for all lawyers know that, without a reasonably clear perception of the ...


Confinement Of The Insane, Thomas M. Cooley Dec 1879

Confinement Of The Insane, Thomas M. Cooley

Articles

The time is almost within the memory of living persons when it was deemed not only lawful but proper to confine persons afflicted with mental disease in dungeons and with chains, and to subject them to beating, at the discretion of their keepers, in order to subdue their senseless fury and drive away their delusions.1 The notions of an ignorant and barbarous age justified such treatment, but the common law on the subject has been so much modified in the greater intelligence of the present century that opinions as to how much of the old rules remain must be ...


Ho Ah Kow V. Matthew Nuan, Thomas M. Cooley Nov 1879

Ho Ah Kow V. Matthew Nuan, Thomas M. Cooley

Articles

"An ordinance of San Francisco, that every male person imprisoned in the county jail, under any judgment of the any court having jurisdiction in criminal cases in the city and county, should immediately upon his arrival at the jail, have the hair of his head 'cut or clipped to an uniform length of one inch from the scalp thereof,' and made it the duty of the sheriff to have this provision enforced, is invalid, being in excess of the authority of the municipal body....

The ordinance being directed against the Chinese only, imposing on them a degrading and cruel punishment ...


The Surrender Of Fugitives From Justice, Thomas M. Cooley Dec 1878

The Surrender Of Fugitives From Justice, Thomas M. Cooley

Articles

The Constitution of the United States provides that "a person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime." The act of Congress of 1793 imposed the duty of surrender upon the executive of the State in which the fugitive should be found, and provided the manner in which the charge of crime should be authenticated for his action. It ...


Lake Superior Mining Co. V. Catharine Erickson, Thomas M. Cooley Dec 1878

Lake Superior Mining Co. V. Catharine Erickson, Thomas M. Cooley

Articles

"Where a mining company let a contract for taking out a certain quantity of ore, but employed persons of supposed skill to watch for dangers from loosened rocks, and in other ways retained a control over the mode of mining, and a servant of the contractors was killed by the falling of a rock, the danger from which ought to have been detected and guarded against: Held, that the mining company was responsible."


Some Hints On Defects In The Jury System, James V. Campbell Dec 1877

Some Hints On Defects In The Jury System, James V. Campbell

Articles

The occasional freaks of juries have now and then led some members of the bar to speculate on the policy of doing without them entirely, and some persons no doubt think that they have strong convictions that the jury system has become useless. It is safe to say that these extreme views are altogether speculative, and not based on any careful comparison of results. Most persons who have looked into their own experience with courts and juries are ready to agree that where there is no dispute about main facts, so that the chief dispute is one of law, there ...


Limits To State Control Of Private Business, Thomas M. Cooley Dec 1877

Limits To State Control Of Private Business, Thomas M. Cooley

Articles

The present purpose is to inquire whether, in the matter of the regulation of property rights and of business, legislation has not of late been occupying doubtful, possibly unconstitutional grounds. The discussion in the main must be limited to fundamental.-principles, aided by such light as legal and constitutional history may throw upon them, since the express provisions of the constitutions can give little assistance. They always contain the general guaranty of due process of law to life, liberty, and property, but in other particulars they for the most part leave protection to principles which have come from the common ...


The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt Dec 1877

The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt

Articles

Twice in the history of the United States the nation has been brought to the verge of civil war by difficulties growing out of presidential elections. And yet no system was ever devised with more care to preclude any reasonable complaint.


Principles That Should Govern In The Framing Of Tax Laws, Thomas M. Cooley Dec 1877

Principles That Should Govern In The Framing Of Tax Laws, Thomas M. Cooley

Articles

The problem of suitable and justtaxation is one which is forever demanding solution, butnever solved. Adam Smith gave to the world certain rules which should governin taxation, the first of which was that "The subjects of every state ought to contribute towards the support of the government as nearly as possible in proportion to their respective abilities - that is, in proportion to the revenue which they respectively enjoy under the protection of the state." While most writers on political economy have been disposed to accept this as a sound and just rule, some have objected to it that it puts ...


James T. Fant V. The Auditor Of Public Accounts, Thomas M. Cooley Nov 1877

James T. Fant V. The Auditor Of Public Accounts, Thomas M. Cooley

Articles

Two district attorneys complained that they were unlawfully deprived of their salary when the number of attorneys was reduced from thirteen to eleven by legislative action -- $1200 each. With the reduction in number of attorneys came the move to limit these two attorneys to service only in their counties of residence and a reduction in salary to $100 each. "When by law provision has been made for a certain number, and they have been lawfully chosen, they are protected for the term, as they would have been had the constitution itself indicated how many there should be."


David Maynard Et Al V. Fractional School District, & C., Thomas M. Cooley May 1877

David Maynard Et Al V. Fractional School District, & C., Thomas M. Cooley

Articles

"A bequest to the members composing the School District by name, and to their successors in office, of moneys to be expended in the purchase of books for a district library -- thy being the officers designated by law to preform similar duties for the district -- is in effect a bequest to the district."

Lucy M. Maynard by her last will directed the residue of her estate be sold and the monies be placed at the disposal of the District Board of the Fractional School District in Milan and York, Michigan, and used for library supplies. "The validity of this bequest ...


Material Taken From Streets In Grading--Rights Of Adjoining Lot-Owner, Thomas M. Cooley Feb 1877

Material Taken From Streets In Grading--Rights Of Adjoining Lot-Owner, Thomas M. Cooley

Articles

"In grading a street for the purpose of paving, it was necessary to remove earth which the city had no occasion for, and the street commissioner sold the same to a party who removed and used it. In an action to recover the purchase-price the purchaser defended, claiming that the city did not own the earth, but that it was owned by the adjoining lot-owners..."


Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley Dec 1876

Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley

Articles

A very interesting and important question frequently is, what effect has been produced upon a right of action, or upon a previously existing defence to an action, by a change in the law effected by statute after the right has accrued, or the cause of action has arisen, to which the defence was applicable. The question is encountered in a great variety of cases, and is sufficiently important to be considered under the several heads where the cases seem to range themselves. This is done imperfectly below.


Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley Dec 1876

Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley

Articles

A public office is a public trust.The incumbent has a property right in it, but the office is conferred, not for his benefit, but for the benefit of the political society. The duties imposed upon the officer are supposed to be capable of classification under one of three heads: the legislative, executive, or judicial; and to pertain, accordingly, to one of the three departments of the government designated by these names. But the classification cannot be very exact, and there are numerous officers who cannot be classified at all under these heads. The reason will be apparent if we ...


The New Federal Administration, Thomas M. Cooley Dec 1876

The New Federal Administration, Thomas M. Cooley

Articles

After four months of feverish excitement and anxious and depressing expectancy, during which no one could anticipate what a day might bring forth, and the prophets of evil with general accord tuned their voices to disaster, the heart of the nation made a great leap for joy when President Hayes, on the steps of the Capitol, proclaimed his firm purpose to carry into practical operation the pledges contained in his letter of acceptance. The mists which hung over the political affairs of the nation at once disappeared, the depression gave way to cheerful confidence, and dangerous excitement was supplanted by ...


The Cases In Which The Master Is Liable For Injuries To Servants In His Employ, Thomas M. Cooley Jan 1876

The Cases In Which The Master Is Liable For Injuries To Servants In His Employ, Thomas M. Cooley

Articles

The frequency with which questions arise, and become the subject of legal controversy, concerning the liability of an employer to persons receiving injuries in his service, must be the excuse for the present paper. The legal questions have recently received the attention of many able jurists, and several of the difficulties which surrounded the general subject but a few years ago may now be considered permanently removed. The purpose here will be, to present the general rules which have been laid down by the authorities, with some of the reasons on which they are based.


Extradition, Thomas M. Cooley Dec 1875

Extradition, Thomas M. Cooley

Articles

The policy of returning for trial and punishment the criminal of one country who has escaped to another, is not less manifest than its justice. It would seem, therefore, that there ought to be no great difficulty in agreeing upon the proper international regulations for the purpose. This, ho:wever, has until recently been practically an impossibility. While the leading nations of Christendom were engaged for a very large proportion of the time in inflicting upon each other all the mischief possible, it was not to be expected that they would be solicitous to assist in the enforcement of their ...


Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley Dec 1875

Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley

Articles

In the present paper those cases will be considered in which one person suffers an injury in consequence of the exercise by another person of his legal rights. Many such cases occur in which, although the injury may be severe, the law will award no compensation, there being no tort in the case because there is an absence of that wrong the concurrence of which with damage is essential to an action. Negligence might supply the wrong, but we now speak of cases of which that is not an element.


Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley Dec 1875

Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley

Articles

In the present paper those cases will be considered in which one person suffers an injury in consequence of the exercise by another person of his legal rights. Many such cases occur in which, although the injury may be severe, the law will award no compensation, there being no tort in the case because there is an absence of that wrong the concurrence of which with damage is essential to an action. Negligence might supply the wrong, but we now speak of cases of which that is not an element.


Some Checks And Balances In Government, Thomas M. Cooley Dec 1875

Some Checks And Balances In Government, Thomas M. Cooley

Articles

The purpose of the present paper is not to discuss the broad general subject of checks and balances in this, or any other, government. but to call attention to a few considerations only. These, in the main, affect the executive and the judiciary, rather than the legislature; and they will serve to show, perhaps, that neither of them can always, and under all circumstances, rely upon any very sure protection to its legitimate powers. It is one thing, unfortunately, to put intricate machinery in motion, and another, and quite a different, thing, to make it, under unforeseen occurrences, work out ...


The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley Dec 1874

The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley

Articles

A short time ago, the whole country was plunged into a condition of anxiety and excitement by the conflicting claims to the executive authority in one of the States, and by the preparations made, and measures set on foot, to support them.


Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent Dec 1871

Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent

Articles

The judiciary has no power to declare a law unconstitutional unless it conflicts with some provision of the State or Federal Constitution. It will be the purpose of this article to show the reasonableness and meaning of this principle.


Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley Dec 1870

Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley

Articles

The distinctions between an action for a tort and one upon contract are such that where the one will lie the other generally will not; but there are nevertheless some cases in which either may be brought at the election of the party injured. Thus, it is sometimes the case, that, in a business relation, the law makes it the duty of a party to observe a certain course of conduct with regard to the rights of others, where by contract he has also undertaken for the same thing; and in such a case a breach of duty is coincident ...


Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley Dec 1870

Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley

Articles

The distinctions between an action for a tort and one upon contract are such that where the one will lie the other generally will not; but there are nevertheless some cases in which either may be brought at the election of the party injured. Thus, it is sometimes the case, that, in a business relation, the law makes it the duty of a party to observe a certain course of conduct with regard to the rights of others, where by contract he has also undertaken for the same thing; and in such a case a breach of duty is coincident ...