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Articles 3181 - 3193 of 3193
Full-Text Articles in Law
The Scintilla Rule, Joseph O'Meara
The Scintilla Rule, Joseph O'Meara
Journal Articles
The language quoted from Jacob Laub Baking Company v. Middleton, in which all concurred, will undoubtedly tend to increase the number of directed verdicts and appears to be, in effect, a repudiation of the scintilla rule. The problem, therefore, is to devise a formula which, while meeting the objections to the scintilla rule, will put the judge on notice that a greater degree of assurance is required to direct a verdict than to set one aside. Holding that the conclusion is against.the plaintiff beyond a reasonable doubt is not inconsistent with recognizing that there is "some evidence, however slight". The …
Liberty And The Police Power, Clarence Emmett Manion
Liberty And The Police Power, Clarence Emmett Manion
Journal Articles
The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The …
What Price Prohibition, Clarence Emmett Manion
What Price Prohibition, Clarence Emmett Manion
Journal Articles
Prohibition assumes that our plan of government has not worked out and that it ought to be destroyed; the average citizen who has loved that form of government and fought for it in and out of the ranks is not prepared to accept the Prohibition theory. Sooner or later he will realize that as long as Prohibition is in vogue the goddess of American liberty is in chains. Formally or informally, in justification of our history Prohibition with all of its contemptible un-American ramifications must go down; and it will go down.
Service Of Process On Non-Resident Motorists, Thomas Frank Konop
Service Of Process On Non-Resident Motorists, Thomas Frank Konop
Journal Articles
Is it constitutional to remotely serve a defendant process? Traditionally there have been four ways to serve process; personally, constructively, substituted, and the statutorily. Several states have enacted statutes that enable motorist to be served process despite being non-residents of the state. This note explores the constitutionality of service of process for non-resident motorist in light of contemporary decisions handed down from the U.S. Supreme Court and the Supreme courts of the several states.
Review Of Process And Service By Renzo D. Bower, Thomas Frank Konop
Review Of Process And Service By Renzo D. Bower, Thomas Frank Konop
Journal Articles
The profession should welcome Judge Bower's book on this troublesome subject. In my courses of pleading and trial practice I find the book invaluable for ready reference.
Shrinking Bill Of Rights, Clarence Emmett Manion
Shrinking Bill Of Rights, Clarence Emmett Manion
Journal Articles
The assertion of intrinsic, God given rights correlated with the decline of monarchical power. The United States’ understanding that all men and women are endowed with unalienable rights was a long and hard-fought conclusion. However, this article argues that the Bill of Rights has gradually changed from being the bold guardian of individual liberty originally envisioned. Ironically, this change can be attributed to the courts and the legislature.
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 …
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.
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.
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 …