Law Commons^™

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

Outlines And Notes On Preliminary Law Examination Of Supreme Court Of Pennsylvania, John N. English

Books

Outlines and Notes on Preliminary Law Examination of Supreme Court of Pennsylvania with Abstracts of Subjects Specially Required by the State Board of L􀀈w Examiners. IN TWO PARTS. PART I. Requirements of State Board of Examiners, and Outlines of work m English and American Literature; History; Latin; Mathematics, and Modern Geography; together with Abstracts of special books required to be read. PART II. Four complete sets of recent questions of the Board of Examiners, and Answers to Questions of July, 1910 .

Constitutionality Of Teachers' Pensions Legislation, Horace Lafayette Wilgus

Articles

To arrive at a safe conclusion as to the validity of legislation. providing for teachers' pensions requires some consideration of all pension legislation. A pension is defined by BOUVIER as "A stated and certain allowance granted by the government to an individual, or those who represent him, for valuable services performed by him for the country;"1 "a periodical allowance of money granted by the government for services rendered;"2 "a stated payment to a person in consideration of the past services of himself or of some kinsman or ancestor;"3 "an annuity from the government for services rendered in the past;"4 "a …

The Rights Of Access Of An Upland Owner To Navigable Waters, Marshall John Rutherford

University of the Pacific Theses and Dissertations

The question to be discussed in this dissertation is whether or not the upland owners on navigate waters live, by virtue of the position of their land a right of ocean to the free enjoyment of the water in front of the land there of for purpose of navigation.

The question here involved has been considered by many legislatures and courts as well as by many text writers and as a result of such consideration there is a great variety of opinions. I shall in this dissertation direct my attention to the law as believe it be in California.

The Law In The United States In Its Relation To Religion, Edwin C. Goddard

Other Publications

Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. He is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. Man never has lived to himself alone. Government is not an invention, a necessary evil, to which men submit. On the contrary, from the most primitive beginnings it has been man's natural though imperfect instrument for controlling and developing the social estate so essential to his very existence. And universally this government has …

Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus

Articles

In the case of Forbes et al. v. Chuoco Tiaco, decided by the Supreme Court of the Philippine Islands July 30, 1910, 8 Off. Gaz., p. 1778, some of the most interesting, important, and fundamental questions were presented and determined for the time being, but not settled, it is reasonably safe to say until passed upon by the Supreme Court of the United States. The questions involved were whether the Governor General of the Philippine Islands has the power to expel resident Chinese aliens without a hearing or an opportunity to be heard, and whether the Governor, if he exceeded …

The Law In Its Relation To Religion And Morals, Edwin C. Goddard

Other Publications

Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. Now, and in this United States, not less than in ages past and in other parts of the world, is this a fundamental fact. He who, without a recognition of this, would study either religion or government, would quite fail to comprehend his problem. Man is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. The world depicted with such irresistible genius by Rosseau …

English Law As An Exponent Of English History, Edson R. Sunderland

Articles

It is not my purpose to unduly emphasize the light which the study of the laws of a people throws upon its character and development. The teaching of history should be broad enough to recognize the importance of all sides of national life. But I believe there has never been a sufficient appreciation of the real wealth of suggestive and illuminating material which is contained in the history of English law. For the English have been pre-eminently a legal race. In the study of Roman History Roman Law has always occupied a prominent place. The Romans made their reputation, so …

A Short History And Some Of The Graduates Of The Department Of Law Of The University Of Michigan, Burke A. Hinsdale

Miscellaneous Law School History & Publications

History of the University of Michigan Law School reprinted from The Michigan Alumnus March, 1908 issue.

Surface Water In Cities, John R. Rood

Articles

It is evident that no one hard and fast rule could be applied to all cases, either in city or country, without producing injustice and impolitic results. The needs and conditions in city and country are different. They usually differ widely in different parts of the same city. These considerations have induced the Supreme Court of New Hampshire to adopt the flexible rule, that: "In determining this question all the circumstances of the case would, of course, be considered; and among them the nature and importance of the improvements sought to be made, the extent of the interference with the …

Legal Education In The United States, Horace Lafayette Wilgus

Articles

The origin of law schools is lost in antiquity. It is probable there were advocates in Babylonia,1 and schools for the education of judges and scribes (perhaps the ancestral lawyers) in Egypt,2 more than 2000 years B.C. The Civil Code of Deuteronomy was published 621 B.C.,3 and soon afterward schools of the prophets were formed for its study.4 When Ezra left Babylon for Jerusalem (485 B.C.) he "set his heart * * * to teach in Jerusalem statutes and judgments,"5 and the ruins of his school could be seen by the law students at Husal, 500 years later.6 It is …

Are Too Many Executive Officers Elective?, Bradley M. Thompson

Articles

We propose very briefly to call attention, to so much of the present constitution of Michigan as has to do with the executive department, and to consider the methods which the people have adopted for selecting those public servants whose official duty it is to enforce the law, to maintain public order and protect private rights.

Founding Of The College Of Law Of The Ohio State University, Horace Lafayette Wilgus

Articles

It is proper for me to say, in the beginning, that I have been delegated to bear, and I have the honor to present to the College of Law of the Ohio State University, upon this occasion the sincere congratulations and most hearty good wishes of the largest University Law School in the United States--the Department of Law of the University of Michigan. In addition to this, it is with much satisfaction, and is a very great personal pleasure, that I have the privilege of joining in the festivities of this dedication of the beautiful Temple of Themis, wherein the …

Statute Of Uses And The Modern Deed, John R. Rood

Articles

To what extent does the modem conveyance of estates in land in the United States by deed derive its validity from the English Statute of Uses, 27 Hen. 8, c. IO? No doubt the student, and especially the teacher, is inclined to magnify the importance of mere matters of history, because it is so much easier to understand or explain many of the terms and doctrines of real property law by approaching them historically, and, indeed, many of them cannot otherwise be understood at all. And yet we all have this constant, serious, and often difficult task, of separating matter …

Need Of A National Incorporation Law, Horace Lafayette Wilgus

Articles

When the report of the Committee on Uniformity of legislation was submitted to the last American Bar Association, and consideration of the legal problems growing out of modem commercial combinations, was urged as a matter proper for discussion and action by that association, it was gravely argued by distinguished lawyers present that there was no legal problem to be solved. The Committee on Commercial Law, however, thought otherwise and said:- "The American people look to the American Bar for leadership on this question. Some one must lead. If not the lawyer, then it will be the demagogue."

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane

Books

“At the request of the late Judge Cooley I have undertaken the preparation of this edition of the Constitutional Limitations. It seemed desirable, in view of all the circumstances, that the text of the last edition should stand as the text for this, and the work of the present editor has been confined to the bringing of the book down to date, by the addition of such matter to the notes as will fairly present the development of this branch of the law since the publication of the last edition.” --Preface to the Seventh Edition, Victor H. Lane, Ann Arbor, …

Recollection Of The Law Department, Jerome C. Knowlton

Articles

In 1859 the Department of Law began its work in education at the the university of Michigan, with three professors and ninety students. The faculty consisted of Thomas M. Cooley, James V. Campbell and Charles I. Walker. Judge Cooley resided in Ann Arbor and the other gentlemen lived in Detroit. At this time these men were young and inexperienced in educational work and had not achieved in any marked degree, success at the bar. Today the lives of Cooley, Campbell and Walker make up some of the best chapters in the history of the State of Michigan, and the better …

The Consent Of The Governed, Bradley M. Thompson

Articles

The acquisition of the Philippine Islands has aroused a profound interest in certain constitutional questions. This is not to be deplored. One of those questions is the meaning, the force and effect of the statement in the Declaration of Independence that "all governments derive their just powers from the consent of the governed." That doctrine is not embodied in the constitution in those words nor in words of similar import, but some contend that the Declaration of Independence is a great beacon fire kindled by the fathers of the revolution and that in its light the constitution, afterwards adopted by …

94 Law Class: "Our Book"

Yearbooks & Class Year Publications

On induction to emeritus class of University of Michigan in June 1946, the surviving members of the Law Class of 1894 tell of their activities and experiences during the first 50 years following their graduation and admission to the bar in 1894.

General Laws For The Government Of The Town Of Horse Cave, Hart County, Ky, Kentucky Library Research Collections

Research Collections

Booklet describing the laws and governance of the town of Horse Cave, KY in Hart County, 8 pages, published by Record Book and Job Print of Horse Cave, KY; John Altsheler, Chairman and J. M. Perkins, Clerk.

The Courts Of Judea, Jerome C. Knowlton

Articles

The study of Jewish jurisprudence has become interesting during the past ten years through the efforts of some painstaking scholars, who have not been burdened with any particular dogma, but have been actuated by a true Christian spirit. They have been close students of those portions of the Talmud which throw light on the jurisprudence of the Jews.

The "Law Reports", Nathan Abbott

Articles

The period between the years 1860 and 1870 marks an interesting stage in the history of law reporting. Within this period a system of reporting that had existed for upward of three centuries came to an end, and an experiment was begun whereby it was hoped to produce reports not merely in a new way, but reports that were to be materially different in form and substance from those of the previous system. The conception of the enterprise and its successful accomplishment is due to the energy and discretion of one man, whose history of the affair, after twenty years …

The Element Of Locality In The Law Of Criminal Jurisdiction, Henry W. Rogers

Articles

THE Federal Courts have no common law criminal jurisdiction. The question was raised in the United States Circuit Court for the District of Pennsylvania, in 1798, in United States v. Worrall, 2 Dallas, 384, and the Court was equally divided in opinion. Iii 1818, Mr. Justice STORY, in United States v. Coolidge, 1 Gallison, 488, decided that there were common law offences against the United States. But this, as we shall see, was overruled by the Supreme Court. As early as 1807, Chief Justice MARSHALL, in Ex parte .Bollman, 4 Cranch, 75, had said, "This Court disclaims all jurisdiction not …

Law Schools And Legal Education, Henry W. Rogers

Articles

In the February number of the AMERICAN LAW REGISTER, there appeared an interesting article from the pen of Mr. Henry Budd, discussing the relation of law schools to legal education. The motive which inspired the writing of the article, was a commendable one, and the desire of the writer to have a higher standard established, governing admissions to the bar, will be quite generally concurred in. No one could read the article in question, however, without readily perceiving that the law schools of the United States were considered to be, in large measure, responsible for the admission to the bar …

History Of Law Class Of 1883 Of Michigan University, Charles I. York

Yearbooks & Class Year Publications

The origin of this book, which is a "new departure," and ever to be remembered as a production of the La.w Class of 1883 of the Michigan University, without a precedent from which to conceive its peculiarities of style, is as follows: In a convention hel1882, to put in nomination Senior Officers, the author was nominated for Class Historian, to be balloted for in about a week thereafter. During the time intervening between nomination nnd election day, the author imagined his election and began to inquire of the oflice, which led to his conception that a departure from the usual …

Law Abridgment: Closing Address Delivered Before The Graduating Law Class Of The University Of Michigan, March 20, 1879., James V. Campbell

Books

We hear on all sides complaints of the increasing mass of printed Reports and text-books, which it is said the lawyer must find some means of mastering, but which no life is long enough to read. The young lawyer, as he scans the dreary catalogues, and wonders what Croesus can buy or what brain can learn all this lore, is sorely puzzled what books to choose from the thousands that have found printers. And when a few years of practice have shown him how small a share of these books have done any good in the world, he is forced …

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley

Books

In the Preface to the first edition of this work. the author stated its purpose to be, to furnish to the practitioner and the student of the law such a presentation of elementary constitutional principles as should serve, with the aid of its references to judicial decisions, legal treatises, and historical events, as a convenient guide in the examination of questions respecting the constitutional limitations which rest upon the power of the several State legislatures. …

Preface to the 4th Edition: "New topics in State Constitutional Law are not numerous; but such as are suggested by recent decisions have been …

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 law. …

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.

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley

Books

In the Preface to the first edition of this work. the author stated its purpose to be, to furnish to the practitioner and the student of the law such a presentation of elementary constitutional principles as should serve, with the aid of its references to judicial decisions, legal treatises, and historical events, as a convenient guide in the examination of questions respecting the constitutional limitations which rest upon the power of the several State legislatures. … The second edition being exhausted, the author, in preparing a third, has endeavored to give full references to such decisions as have recently been …