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1919

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Articles 1 - 30 of 88

Full-Text Articles in Law

Roman Law In Modern Life And Education, Joseph H. Drake Dec 1919

Roman Law In Modern Life And Education, Joseph H. Drake

Articles

"This discussion might be entitled, an experiment in classical education and how it failed... It is in a way an Apologia pro Mea Vita Paedagogica. The excess of ego dixi et meus filius respondit in it may, therefore, perhaps be pardoned by a confession at the outset that it is an account of failure on the part of the speaker to solve a troublesome pedagogical question and a very satisfactory solution of the same problem by one of his colleagues in the Latin Department."


College Of Law Commencement Program, 1919, University Of Kentucky Jun 1919

College Of Law Commencement Program, 1919, University Of Kentucky

Graduation Programs

No abstract provided.


Mutual Wills, Edwin C. Goddard Jun 1919

Mutual Wills, Edwin C. Goddard

Articles

SO LATE as 1822 Sir John Nicholl is reported to have said in Hobson v. Blackburn, that a mutual, or conjoint will is an instrument "unknown to the testamentary law of this country; or, in other words, that it is upknown, as a will, to the law of this country at all. It may, for aught that I know, be valid as a compact." In Darlington v. "Pulteney, Lord MANSFIELD said, "there cannot be a joint will." Following these distinguished and learned judges, Jarman and Williams in their classical treatises accepted the statement of Sir John, and some early American ...


Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour May 1919

Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour

Articles

ANYONE whom the study of equity has led into the by-paths of V Canon Law will recall that the Sext ends with a splendid array of imposing maxims, not improbably the source of the Latin maxims with which every lawyer is familiar. The inveterate habit formed by the ecclesiastics of expressing a legal principle in a short and crisp formula persisted when they came into the courts of law and is peculiarly in evidence among the chancellors of the fifteenth century. What may at first have been merely casual became through repetition a habit and the result has been to ...


The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson Apr 1919

The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson

Articles

THE domicil of persons living under consular jurisdiction in foreign countries presents a problem of unique importance, not only because of the concern which a large number of people have in its proper solution, but also because of its relation to the conception of domicil and to the requisites by which the existence of donricil is to be determined. This problem may be concisely stated in the form of a question as follows: Is it possible for a person residing abroad under consular protection to acquire a domicil of choice in the country of residence? There are no apparent obstacles ...


Real Significance Of The Proposed Michigan Beer And Wine Amendment, Edwin C. Goddard Apr 1919

Real Significance Of The Proposed Michigan Beer And Wine Amendment, Edwin C. Goddard

Articles

DISCUSSION of proposed prohibitory amendments to Constitutions, State or Federal, are usually regarded as part of the wet and dry fight in which lawyers are interested only as citizens. Before the recent Cleveland Meeting of the American Bar Association the bar of the country was circularized by a protest, signed by a number of very well known lawyers, urging the bar to take action against putting into the fundamental law, the Constitution, such matters as the regulation of what the people shall drink. These lawyers presented their case at the Cleveland meeting and vigorously attempted to induce the American Bar ...


The Seller's Action For The Price, John B. Waite Feb 1919

The Seller's Action For The Price, John B. Waite

Articles

WHEN a contract of sale has been broken by the buyer, before title has passed according to the usual rules of presumption, there arises the very practical question whether the seller can sue him for the purchase price, as such, or is limited to a suit for damages only. In the latter case his damage may happen to equal the purchase price, but it is usually considerably less than that amount. If the seller can recover the purchase price, as such, it must be because that price is legally due him as a consequence of the contract. The ultimate inquiry ...


Newton D. Baker Scrapbook, April 7, 1918-April 5, 1919, Newton D. Baker Jan 1919

Newton D. Baker Scrapbook, April 7, 1918-April 5, 1919, Newton D. Baker

Newton D. Baker Scrapbooks

No abstract provided.


The Proposed Trial Of The Former Kaiser, Simeon E. Baldwin Jan 1919

The Proposed Trial Of The Former Kaiser, Simeon E. Baldwin

Faculty Scholarship Series

The treaty of peace with Germany contains many novel features. One of them is that which provides for a special tribunal to try the ex-Emperor for a "supreme offense against international morality and the sanctity of treaties." This, of course, is a very different thing from a proceeding against a nation to penalize it for disregard of its international obligations, or to enforce against its will the provisions of a treaty. The former Emperor is to be prosecuted simply as a wrong doer.


Reconstruction And International Law, Theodore S. Woolsey Jan 1919

Reconstruction And International Law, Theodore S. Woolsey

Faculty Scholarship Series

There is a general disposition to assume that four years of dreadful war have so altered men's minds and characters and the underpinnings of organized society, that the world will be quite a different place from that which our observations and our studies have made familiar. This belief does not altogether carry conviction to my mind. The civilized world was threatened with an evil domination and combined to defend itself. This instinct and combination for defense are as old as the Greek Republics. For a generation to come the world will see less movement because of the war's ...


Book Review: League Of Nations, Edwin Borchard Jan 1919

Book Review: League Of Nations, Edwin Borchard

Faculty Scholarship Series

This volume consists of a collection of essays, by sixteen contributors, on various topics of major interest in relation to a league of nations. The editor, Professor Duggan, one of the moving spirits of the League of Free Nations Association, has accomplished the purpose of eliciting a dispassionate discussion of some of the most pressing international problems of the day. Whether he has obtained substantial support for the particular Covenant now under examination by the world is more problematical. The essays were prepared immediately after the first draft of the Covenant and before the publication of the Treaty of Peace ...


Court-Martial Jurisdiction Over Non-Military Persons Under The Articles Of War, Edward M. Morgan Jan 1919

Court-Martial Jurisdiction Over Non-Military Persons Under The Articles Of War, Edward M. Morgan

Faculty Scholarship Series

On the first of February, 1918, the military authorities apprehended at Nogales, Arizona, a young man travelling under the name of Lathar Witcke, whose real name was Pablo Waberski. He had just crossed the border with two companions, who were, contrary to his belief, secret agents of the American and British Governments respectively. To them he had confided the fact that he was a German spy and was re-entering this country for the purpose of destroying property of military value as well as for the purpose of obtaining information for transmission to the enemy. He was traveling as a Russian ...


Legal Analysis And Terminology, Arthur Corbin Jan 1919

Legal Analysis And Terminology, Arthur Corbin

Faculty Scholarship Series

Every student of the law must be equipped with certain fundamental
concepts and with certain terms in which to express them. Let him
read the federal Constitution or the opinion of any court or any legal
treatise, or let him listen to the lecture of any law professor, and every
sentence will be likely to bristle with rights and duties, powers, privileges,
liabilities, and immunities. He will gradually realize also that these terms are frequently used loosely, each term often being used to express several distinct concepts, and he will find that our dictionaries merely record this wide and variable ...


Enforcement Of American Judgments Abroad (Part 1), Ernest G. Lorenzen Jan 1919

Enforcement Of American Judgments Abroad (Part 1), Ernest G. Lorenzen

Faculty Scholarship Series

As one studies the rules of the conflict of laws of the different countries, one is struck by the fact that most countries assume a fundamentally different attitude in the enforcement of foreign judgments from what they do with respect to foreign laws in general. Although there are various theories concerning the ultimate legal basis upon which the recognition and enforcement of foreign laws rest, there is agreement on the point that under modern conditions a state is in duty bound to determine the consequences of legal acts, under certain circumstances, in accordance with the law of some foreign state ...


Reconstruction And The Legal Profession, Thomas W. Swan Jan 1919

Reconstruction And The Legal Profession, Thomas W. Swan

Faculty Scholarship Series

The Great War has brought every country of Europe face to face with vast and critical problems of Reconstruction-political, economic, social. Our own country also, in its political, economic and social institutions, feels the tremors of the great European convulsion. Despite the immunity of our land from devastation and our comparative freedom from the burdens of the conflict, our participation in the war has brought us problems of critical importance to the continuance of our political and social structure. What are to be our international relations of the future? What is to be our domestic polity with respect to the ...


The Vesting Of Sovereignty In A League Of Nations, Simeon E. Baldwin Jan 1919

The Vesting Of Sovereignty In A League Of Nations, Simeon E. Baldwin

Faculty Scholarship Series

The general movement in human society is from the simple to the complex. The family, expanding into the tribe, is the first political unit, and the will of the patriarch is its rule of conduct. Gradually the operation of that will becomes in some measure limited. Several tribes come to constitute a nation. The nation, as civilization advances, distributes governmental power among several depositaries. It creates departments, each wielding a portion of the sovereign power, and each to some extent independent of the others. Society is still national in character, but each country enters into certain relations to other countries ...


Neighborly Conduct Versus Property In Minerals, Charles E. Clark Jan 1919

Neighborly Conduct Versus Property In Minerals, Charles E. Clark

Faculty Scholarship Series

In Higgins Oil & Fuel Company v. Guaranty Oil Company, Ltd. (1919, La.) 82 So. 206, the defendant's duty to be neighborly was upheld and his privileges in using his land to dig for oil were correspondingly narrowed. The defendant had sunk an oil well on his land which caused air to get into the plaintiff's pump in a well on the latter's land, resulting in a great decrease in the productivity of the plaintiff's well. Although the defendant's well was a non-producer and could be closed without trouble or expense by simply putting back a ...


Claims Provable In Receivership Proceedings, Charles E. Clark Jan 1919

Claims Provable In Receivership Proceedings, Charles E. Clark

Faculty Scholarship Series

Although the power of the English Court of Chancery to appoint receivers is "one of the oldest remedies" of that Court and although some of the most important questions arising in the whole field of commercial law concern the liquidation of insolvent corporations by receivers, many portions of the law of receivers remain curiously unsettled. This is particularly so as to the question of claims provable against the assets in the hands of a receiver. Thus in Connecticut the Aetna Indemnity Company has been in process of liquidation by receivers since early in 1911, but it is only now that ...


Book Review: A Treatise On The Law And Practice Of Receivers, Charles E. Clark Jan 1919

Book Review: A Treatise On The Law And Practice Of Receivers, Charles E. Clark

Faculty Scholarship Series

These volumes deal with a branch of the law where there has been great need of further analysis and discussion. Receivership law concerns extremely important questions, such as those connected with the liquidation of insolvent corporations by receivers. Yet there has been no authoritative work upon the subject with the exception of High, even the last edition of which was published before much important litigation arose. The present work seems adequately to accomplish the writer's purpose. It is encyclopedic rather than analytic in form. As such it has many commendable features. Especially helpful are the forms collected in the ...


Book Review: Position Of Foreign Corporations In American Constitutional Law, Edwin Borchard Jan 1919

Book Review: Position Of Foreign Corporations In American Constitutional Law, Edwin Borchard

Faculty Scholarship Series

This is a most stimulating contribution to the literature of what has long been a nebulous branch of constitutional law. Few departments of the law exhibit more clearly the flexibility of the constitution, its adaptability to changing economic conditions and the resulting difficulty of forecasting constitutional decisions, than that of foreign corporations. But the greatest factor contributing to uncertainty and anomaly in this branch of the law has been the unfortunate confusion in the theory of the corporation. Curiously enough, by piling fiction upon fiction, some measure of justice has now been worked out by treating the corporation as a ...


Causa And Consideration In The Law Of Contracts, Ernest G. Lorenzen Jan 1919

Causa And Consideration In The Law Of Contracts, Ernest G. Lorenzen

Faculty Scholarship Series

Although the common law is the general basis of the law of this country and of the law of the British Empire, and has therefore a claim to the principal interest and attention of the Anglo-American lawyer, he cannot afford wholly to neglect the study of the civil law. Not only are the commercial relations with foreign countries increasing from year to year, but a considerable portion of the territory of the United States and its possessions and of the British Empire are governed wholly or in part by the doctrines of the civil law. One of the most fundamental ...


Marriage By Proxy And The Conflict Of Laws, Ernest G. Lorenzen Jan 1919

Marriage By Proxy And The Conflict Of Laws, Ernest G. Lorenzen

Faculty Scholarship Series

THE question whether a marriage may be celebrated by proxy has been of very little practical importance in modern times. So far as England and America are concerned no mention is made of marriage by proxy in the books of the nineteenth and twentieth centuries. The only discussion of the subject in the English language that has come to the notice of the writer is found in Swinburne's "Law of Espousals" which was first published in the latter part of the seventeenth century. The continental writers also, who are more inclined to discuss problems of a purely theoretical nature ...


Moratory Legislation Relating To Bills And Notes And The Conflict Of Laws, Ernest G. Lorenzen Jan 1919

Moratory Legislation Relating To Bills And Notes And The Conflict Of Laws, Ernest G. Lorenzen

Faculty Scholarship Series

In Roman law a debtor might obtain through a rescript of the emperor an extension of time (moratorium) within which to pay a debt, upon giving security. Following the example of the Roman law a number of the modern continental codes authorized the granting of a judicial moratorium under_ certain conditions. Such legislation existed also with respect to bills and notes. In most of the countries such a power is no longer generally vested in the Courts. In times 0f great emergency, however, it is conferred upon them for a limited period of time. The present world war has also ...


Huber's De Conflictu Legum, Ernest G. Lorenzen Jan 1919

Huber's De Conflictu Legum, Ernest G. Lorenzen

Faculty Scholarship Series

Of the vast number of treatises on the Conflict of Laws Huber's "De Conflictu Legum Diversarum in Diversis Imperiis" is the shortest It covers only five quarto pages; and yet it has had a greater influence upon the development of the Conflict of Laws in England and the United States than any other work. No other foreign work has been so frequently cited. Story himself relied upon Huber more than upon any of the other foreign jurists. Indeed, Laine goes so far as to say that Story's celebrated work on the '~Conflict of Laws" is in reality nothing ...


Book Review: North Atlantic Coast Fisheries Arbitration At The Hague, Edwin Borchard Jan 1919

Book Review: North Atlantic Coast Fisheries Arbitration At The Hague, Edwin Borchard

Faculty Scholarship Series

Mr. Edward Jenks is well known from his many contributions to the history of medieval and English law. The present is a work of somewhat different kind. It is an account of the institutions and practical operation of the British government intended for general reading and study: for "those who have not yet the leisure, or who have not yet arrived at the age, to appreciate" the larger and more technical works, as the preface says. It must be said that Mr. Jenks has succeeded admirably in his purpose, and has made a book which ought to be of great ...


Book Review: Experiments In International Administration, Edwin Borchard Jan 1919

Book Review: Experiments In International Administration, Edwin Borchard

Faculty Scholarship Series

The author of this interesting little book, having found that after former great wars the victorious allies, in Peace Congress assembled, solemnly dedicated themselves to "the repose and prosperity of Nations, and . . . the maintenance of the peace of Europe," and other lofty sentiments significantly like those enunciated to-day, seeks to discover the reasons for the failure of realization of those pious wishes and finds them in the fact that previous peace treaties ending great wars were "founded essentially upon injustice," and in the fact that nations in the past "have been unwilling to submit to a sufficient amount of external ...


Book Review: Elements D’Introduction Generale A L’Etude Des Sciences Juridiques, Edwin Borchard Jan 1919

Book Review: Elements D’Introduction Generale A L’Etude Des Sciences Juridiques, Edwin Borchard

Faculty Scholarship Series

It has been aptly said that the definition of law is the battle ground of jurisprudence. The author of the work under review has undertaken, as part of a task involving a fundamental reexamination of the definition, classification and general survey, theory and evolution of law, to present a criticism of existing French definitions of law and to offer what he considers a satisfactory all-embracing single definition of the chameleonic term droit (law or right).


The Paris Covenant For A League Of Nations, William Howard Taft Jan 1919

The Paris Covenant For A League Of Nations, William Howard Taft

Faculty Scholarship Series

We are here to-night in sight of a league of peace, of what I have ever regarded as the "Promised Land." Such a war as the last is a hideous blot on our Christian civilization. The inconsistency is as foul as was slavery under the Declaration of Independence. If Christian nations cannot now be brought into a united effort to suppress a recurrence of such a contest it will be a shame to modern society.


Existing Court-Martial System And The Ansell Army Articles, Edward M. Morgan Jan 1919

Existing Court-Martial System And The Ansell Army Articles, Edward M. Morgan

Faculty Scholarship Series

Our present military code has come to us without fundamental change from the British Articles of War of 1765, which owed their origin to Rome. Whether or not this may tend to account for the remarkable indefiniteness of the punitive articles or help to explain some of the procedural peculiarities of the system, the fact remains that many of the concepts of the existing law military are so foreign to American jurisprudence as to startle and perplex the American lawyer.


Conditions In The Law Of Contract, Arthur Corbin Jan 1919

Conditions In The Law Of Contract, Arthur Corbin

Faculty Scholarship Series

In order to understand any legal system it is necessary to consider the purely physical facts of life apart from the legal relations that are consequent upon such facts. Legal relations are merely mental concepts which are useful in enabling us to foresee the physical facts of the future. Disregarding the multitudes of facts that have no effect whatever upon existing legal relations, those that remain-the operative facts-must be considered and classified. In any case, the best method of procedure is to consider each operative fact separately, and in chronological order, and to determine the legal relations that exist after ...