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Articles 1 - 14 of 14
Full-Text Articles in Law
The Content Of Covenants In Leases, Harry A. Bigelow
Is A Constitutional Convention In Illinois Desirable At This Time?, James Parker Hall
Is A Constitutional Convention In Illinois Desirable At This Time?, James Parker Hall
Articles
No abstract provided.
The Contents Of Covenants In Leases, Harry A. Bigelow
Supplemental Acts, Ernst Freund
Legislating The Incumbent Out Of Office, W. Gordon Stoner
Legislating The Incumbent Out Of Office, W. Gordon Stoner
Articles
Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament.1 Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here.2 In a few cases,3 and particularly in the decisions of the courts of North Carolina,4 offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …
Defects In Our Legal System, Henry M. Bates
Defects In Our Legal System, Henry M. Bates
Articles
That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …
Adverse Possession In The Case Of The Rights Of Way Of The Pacific Railroad Companies, Ralph W. Aigler
Adverse Possession In The Case Of The Rights Of Way Of The Pacific Railroad Companies, Ralph W. Aigler
Articles
While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. See 12 MICH. L. REV. 144. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect of making such lands inalienable by the railroad companies whether …
The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler
The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler
Articles
Though at one time in England there may have been some doubt as to the character of a riparian owner's rights in the waters of the stream, it must be considered as definitely settled by a series of cases that the doctrine of reasonable use by all the proprietors on the stream is the rule of the common law, and that the matter of priority of use or appropriation is, under that system, immaterial, unless, of course, a question of prescriptive right is involved. Wright v. Howard, 1 Sim. & S. 190; Mason v. Hill, 3 B. & Ad. 304, …
Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore
Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore
Articles
A recent Oklahoma case raises one phase of a question which has been perplexing the courts ever since jury trials were invented, and in regard to which there is a great contrariety of opinion. After a verdict had been rendered for the plaintiff in a personal injury suit, the defendant made a motion for a new trial on the ground of misconduct of the jury, and in support of his motion offered the affidavits of several of the jurors to the effect that the verdict was determined upon as the result of an agreement whereby each one of the jurors …
Jurisprudence: A Formal Science, Joseph H. Drake
Jurisprudence: A Formal Science, Joseph H. Drake
Articles
Holland defines jurisprudence as "the formal science of positive law". The meaning of science is plain enough. A good many pages are devoted to the elucidation of the words "positive" and "law," but the term "formal" he explains only by analogy. As there is a formal science of grammar to which belongs, for example, the concept of possession, which has its material manifestation in Latin grammar in a genetive termination and in English grammar in the preposition "of," so there is a formal science of law, material manifestations of whose fundamental principles are found in various systems of actual legal …
Some Recent Developments In The Department Of Law, Henry M. Bates
Some Recent Developments In The Department Of Law, Henry M. Bates
Articles
The present continues to be a period of rapid and interesting development in legal education. The criticisms to which the law and its administration by courts and lawyers have been subjected during the last few years very naturally and properly has led to a careful reconsideration of existing methods of legal instruction in the hope that they might perhaps be improved. The truth is that scientific legal education, comparatively speaking, is still in its infancy both in England and in the United States. Instruction in law of the dogmatic and supposedly purely practical kind has long been carried on efficiently …
Interstate Commerce And State Control Over Foreign Corporations, Ralph W. Aigler
Interstate Commerce And State Control Over Foreign Corporations, Ralph W. Aigler
Articles
Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to such entry be required to surrender a right or …
The Registration Of Land Titles, John R. Rood
The Registration Of Land Titles, John R. Rood
Articles
It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles, adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.
Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus
Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus
Articles
PRESIDENT BUTLER of Columbia University is reported to have said in an address before the New York Chamber of Commerce in 1911, that "the limited liability corporation is the greatest single discovery of modem times, whether you judge it by its social, by its ethical, by its industrial, or, in the long run--after we understand it and know how to use it,--by its political, effects." 1