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Articles 3151 - 3180 of 3189
Full-Text Articles in Law
Reviewing Judicial Review, Clarence Emmett Manion
Reviewing Judicial Review, Clarence Emmett Manion
Journal Articles
Address of Clarence E. Manion, Professor of Law at Notre Dame University School of Law, delivered at the mid-winter meeting of the Indiana State Bar Association January 16, 1937.
Two Preambles: A Distinction Between Form And Substance, Clarence Emmett Manion
Two Preambles: A Distinction Between Form And Substance, Clarence Emmett Manion
Journal Articles
The drill of research generally goes down just far enough to reach the oil of a controlling precedent and not an inch beyond. It is difficult to convince the average American lawyer that the perspective of his profession has changed since his school days, that it is still changing, and that the shift will soon take the direction of a revolution unless we immediately and deliberately re-anchor ourselves to the good earth of fixed first principles. With natural rights and judicial review subtracted from our American system, foreign news accounts of "Mercy Deaths," "Blood Purges," "Forced Labor," "Property Confiscation," "Aryan …
Book Review, Clarence Emmett Manion
Book Review, Clarence Emmett Manion
Journal Articles
Reviewing: Indiana Law-Future Interests, Wills, Descent, by Bernard C. Gavit.(Bloomington: The Principia Press, Inc. 1934).
The Fundamental Rights Of Man, Thomas Frank Konop
The Fundamental Rights Of Man, Thomas Frank Konop
Journal Articles
This article transcribes discourse between Dean Thomas F. Konop of Notre Dame Law School and Mr. James J Boyle of the senior law class. Mr. Boyles begins by inquiring about the rights individuals have and the sources of said rights. Dean Konop delves into a discussion of the history of the law in America. He states that we derive our law from the common law of England, and we find our rights expressed in the common law and the Constitution of England; therefore, we must go to England to look for the basis of our rights. There are four main …
The Constitutionality Of New Deal Measures, Clarence Emmett Manion
The Constitutionality Of New Deal Measures, Clarence Emmett Manion
Journal Articles
In this article, Clarence Manion warns that to honor the Constitution's form but not its substance is to essentially destroy the document. He opines that "Regulation of persons and things is never justified nor justifiable as an end in itself. Regulation for the sake of regulation is paternalism; but regulation as the only means for individual protection is a bulwark of our traditional American liberty. Regulation finds its only justification in the proof of the fact that it is a necessary means for adequate protection of the citizen's rights.
Review Of The Administration Of Workmen's Compensation By Ray Andrews Brown, Thomas Frank Konop
Review Of The Administration Of Workmen's Compensation By Ray Andrews Brown, Thomas Frank Konop
Journal Articles
In this article, Thomas Frank Konop reviews The Administration of Workmen's Compensation by Ray Andrews Brown, and his suggestion for a public legal adviser to the many applicants for compensation who are not represented by attorneys, would correct some of the legally doubtful practices, assure greater respect in the Commission's decisions and lessen criticism.
A Great Opportunity For Lawyers, Thomas Frank Konop
A Great Opportunity For Lawyers, Thomas Frank Konop
Journal Articles
The lawyer-statesmen who drafted our Constitution had a greater task. The lawyer-statesmen who piloted us through a Civil War, through a Reconstruction Period, and through the World War, had equally difficult problems. Will the lawyer of today assume a leadership? Will he assume a duty and a responsibility for service? Will he heed an op- portunity and thus bring a lasting tribute to the profession?
Law As An Educational Factor, William J. Hoynes
Law As An Educational Factor, William J. Hoynes
Journal Articles
In this article, William James Hoynes explores the full scope of education: the means by which all history is brought to knowledge in light of the past and sheds light on the future. He posits that education summarizes all of history, and creates a broadening influence upon the mind of a true scholar. Yet he explains that the law is not to be viewed as a system of arbitrary rules. It rests upon a consciousness of the needs of society. It adapts itself or is enacted with reference to these needs. Not only is the law the highest manifestation of …
The Lawyer And The Public, Thomas Frank Konop
The Lawyer And The Public, Thomas Frank Konop
Journal Articles
In this address, I am purposely omitting a discussion of the subject of "Delays in Litigation" as that matter was covered by the address of Judge Cain on last Monday. Cherishing the hope that my talk may bring about a better acquaintance with, and a better understanding of the lawyer, I propose to address myself to the general public, rather than to my professional brethren. If any of you have ever attended an annual bar-banquet and there heard the usual and orthodox address on the legal profession, you undoubtedly went home impressed with the idea-whether you believed it or not-that …
What Will Become Of Prohibition, Clarence Emmett Manion
What Will Become Of Prohibition, Clarence Emmett Manion
Journal Articles
Because of the substantial minority support for Prohibition and the Eighteenth Amendment, this article suggests that it would difficult, if not impossible, to repeal the amendment despite the fact that 3 in 5 Americans would support its repeal. The article looks at potential options of lessening the impact of the Eighteenth Amendment, including removing penalties for it, repealing State enforcement acts, and forbidding nullification of search warrant requirements. Finally, it looks at the quality of liquor as a solution to an "unusually interesting" and "ultimately worthwhile" problem.
Review Of The Constitution And What It Means Today By Edward S. Corwin, Clarence Emmett Manion
Review Of The Constitution And What It Means Today By Edward S. Corwin, Clarence Emmett Manion
Journal Articles
This is the fourth edition of a small and practical volume intended not so much for law students as for the information of the general public. Students of Constitutional Law will -find this book helpful in pursuing the study of the Constitution in its natural sequence, a procedure that is well-nigh impossible in the ordinary law courses dealing with the subject of Constitutional Law.
The Case System--A Defense, Thomas Frank Konop
The Case System--A Defense, Thomas Frank Konop
Journal Articles
This article is a constructive criticism of the Case System of instruction in law schools across the country. Thomas Frank Konop explores the idea that the principles deduced from case study "stick" longer in the student's mind.
Review Of Cases On Constitutional Law By Dudley O. Mcgovney, Clarence Emmett Manion
Review Of Cases On Constitutional Law By Dudley O. Mcgovney, Clarence Emmett Manion
Journal Articles
This is an up-to-date case book sufficiently condensed to make it serviceable with certain discriminating eliminations for semester courses in Constitutional Law. The most decided advantage that a case book on Constitutional Law can have is flexibility of outline. Professor McGovney's text has this feature.
Review Of The Power To Please By J. W. Donovan, Thomas Frank Konop
Review Of The Power To Please By J. W. Donovan, Thomas Frank Konop
Journal Articles
This little book of sixty pages edited by H. L. Herschberg and dedicated to Henry Ford contains more meat than volumes many times its size. It contains quotations from the best and many interesting experiences and stories of this grand old lawyer. It is full of suggestions to lawyers and speakers and professional men in general.
Affidavits And Notice Under Ohio Mechanics' Lien Statute, Joseph O'Meara
Affidavits And Notice Under Ohio Mechanics' Lien Statute, Joseph O'Meara
Journal Articles
Recent cases under the Ohio Mechanics' Lien Statute have tended to emphasize the existing confusion in the perfecting of mechanics' liens and the need for statutory revision. The scintilla rule should be abandoned. Nor should the doctrine of stare decisis call up misgivings.
Derby's Cases On Criminal Law, Thomas Frank Konop
Derby's Cases On Criminal Law, Thomas Frank Konop
Journal Articles
In this review I have mentioned sins of omission as well as virtues of commission. These suggestions are not made by way of adverse criticism of Prof. Derby's excellent case book. I find the book very satisfactory. The new edition is on excellent paper and well-bound—a much desired improvement over the second edition.
Supreme Court Opinion Contradicting The Scintilla Rule, Joseph O'Meara
Supreme Court Opinion Contradicting The Scintilla Rule, Joseph O'Meara
Journal Articles
The opinion of the supreme court in Cleveland Railway Co. v. Kukucz' cannot logically co-exist with the scintilla rule and, therefore, imperatively requires a re-examination of that trouble- some doctrine and a deliberate choice between it and the case referred to. The scintilla rule should be abandoned.
Proposed Legislation For Enforcement Of Prohibition, Thomas Frank Konop
Proposed Legislation For Enforcement Of Prohibition, Thomas Frank Konop
Journal Articles
Under date of November 21st, 1929, the Commission on Law Observance and Enforcement made a preliminary report to the President on observance and enforcement of prohibition. Under subdivision (D) of that report, the Commission offered three methods to relieve the congestion in the Federal Courts. Although the bills are constitutional, they will not relieve congestion. Instead, the will promote fraud and lower citizens' respect for the Federal Judiciary and the Constitution.
History Of The Notre Dame College Of Law, Thomas Frank Konop
History Of The Notre Dame College Of Law, Thomas Frank Konop
Journal Articles
In the summer of 1868 the Board of Trustees of the University passed a resolution "for the opening of a course in law at Notre Dame." At that time there were very few law schools in the country and the profession was almost wholly recruited from the law-offices. As a matter of fact there was great doubt among the lawyers at that time as to the advisability and the possibility of acquiring training for the bar at a university. There were even prejudices at that time against the study of law at law schools. It was during such doubts and …
In Re Liberty: A Book And Its Critic, Clarence Emmett Manion
In Re Liberty: A Book And Its Critic, Clarence Emmett Manion
Journal Articles
The restrictive craze of American legislators is fast reducing our once virile and individually resourceful population to a race of unthinking automatons. Judicially and otherwise, American liberty and individual competence which is its hand-maid are rapidly being lost. This article discusses the book "Losing Liberty Judicially" by Thomas James Norton and the review of the book by Robert C. Brown.
Alienability Of Contingent Remainders, Joseph O'Meara, William K. Divers
Alienability Of Contingent Remainders, Joseph O'Meara, William K. Divers
Journal Articles
There is no longer any such thing as a determinable interest in land in Ohio. The ordinary words appropriate to create a determinable interest in land are words indicating duration of time, e. g., "Until Gloversville shall be incorporated as a village". Although not made an issue by the parties, the supreme court's decision turned upon the legal effect of the following clause: "To have and to hold the premises aforesaid unto the said grantees and their successors so that neither the said grantor or his heirs nor any other person claiming title through or under him shall or will …
Privileged Communications, Joseph O'Meara
Privileged Communications, Joseph O'Meara
Journal Articles
This article evaluates dicta from Wills v. National Life & Accident Co.regarding an implied waiver for privileged communications between a patient and his physician. It looks at the historical background of privileged communications and the writings of several legal scholars to determine whether for life insurance policies that require one to be "of sound health" there is an implied waiver of privileged communications. The author concluded that based on the rules of construction courts should follow the dicta because it is sound and reasonable policy.
Determinable Fees, Effect Of Failure In Deed To Provide For Forfeiture Or Reversion, Joseph O'Meara
Determinable Fees, Effect Of Failure In Deed To Provide For Forfeiture Or Reversion, Joseph O'Meara
Journal Articles
The case of In re Matter of Copps Chapel Methodist Episcopal Church appears to establish that there is no longer any such thing as a determinable interest in land in Ohio. There would seem to be no escape from this unless the court should be prepared to overrule itself.
Proximate Sources Of The Constitution, Clarence Emmett Manion
Proximate Sources Of The Constitution, Clarence Emmett Manion
Journal Articles
The average American who thinks of our Federal Document only in terms of the Philadelphia Convention may not have fully appreciated the fact that before the surrender of Cornwallis at Yorktown, every American State had already achieved its constitutional independence and had established its own organic law, by which it should not only remain free from the foreign dominion of Great Britain, but should also remain an indestructible unit in The American Federal System. He must remember that the "Articles of Confederation and Perpetual Union" which leagued the alleged sovereign and independent States, were in force at the time of …
Legal Status Of The Spite Fence In Ohio, Joseph O'Meara, Herman W. Santen
Legal Status Of The Spite Fence In Ohio, Joseph O'Meara, Herman W. Santen
Journal Articles
It is generally assumed, on the authority of Letts v. Kessler, that spite fences in Ohio are within the law. In two cases language has been used indicating an adherence to the obsolescent view that spite fences may be erected with impunity, but in neither case was the question before the court for decision, so that what was said must be classed as dicta. This, then is the situation: there is not a single decision in the last twenty-one years supporting the rule of Letts v. Kessler. A careful reading of the opinion in Letts v. Kessler will show that …
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 …
Revocation Of Building Permits, Joseph O'Meara
Revocation Of Building Permits, Joseph O'Meara
Journal Articles
There is considerable confusion in text books and decisions in the use of the expression "vested interest", the same being sometimes used as though the owner of a vested interest becomes completely immune from legislation. Theoretically, as a building permit does not create a vested interest nor property right, no amount of expenditure in reliance on a building permit can create such a vested interest or property right as to effect a limitation upon the exercise of the police power. The problem is to devise a formula which, while meeting the objections to the scintilla rule, will put the judge …
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.
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.