Comparative and Foreign Law Commons^™

The Judiciary In Ghana, William B. Harvey

Articles by Maurer Faculty

No abstract provided.

Soviet Comrades' Courts, Harold J. Berman, James W. Spindler

Washington Law Review

A major aspect of Soviet criminal law reform since 1959 has been the transfer of certain judicial functions to Comrades' Courts, which are nonprofessional tribunals established to try petty offenses in enterprises, apartment houses, collective farms, universities, and elsewhere. These are called "social," rather than "state," agencies, because they are not staffed by civil servants but by volunteers and because they are conceived to perform a persuasive rather than a coercive function. Apart from their practical importance, they play an important part in symbolizing the theory that in the new period of "expanded construction of communism" there will be a …

Prematurity And Obiter Dictum In Indian Judicial Thought, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Advisory Opinions In India, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig

Journal of Legal Education

No abstract provided.

Government, Law And Courts In The Soviet Union And Eastern Europe, Edited By Vladimir Gsovski And Kazimierz Grzybowski, Jurij Fedynskyj

Indiana Law Journal

No abstract provided.

Dawson: A History Of Lay Judges, Spencer L. Kimball

Michigan Law Review

A Review of A History of Lay Judges . By John P. Dawson

Criminal Justice In Germany, Hans Julius Wolff

Michigan Law Review

Criminal law and procedure, perhaps even more than civil, reflect the underlying conceptions of the political system with which they are connected. The ideological structure of criminal procedure in Germany, as well as in other continental European states, rests on the historical development through which constitutional institutions in those countries have passed since the French Revolution. It mirrors the transformation of the all-powerful state of the period of absolutism into the liberal state with its guaranteed freedoms and rights of the individual and strict legal limits to the power of the authorities (Rechtsstaat); and in recent years it has adapted …

Civil Justice In Germany, Burke Shartel, Hans Julius Wolff

Michigan Law Review

Our aim in preparing this paper is to develop for American lawyers a picture of the functioning of German civil justice. This aim, as well as the paper itself, is an outgrowth of a series of lectures on the German legal system delivered by the authors as background in the law of military occupation for the Judge Advocate General's School of the United States Army in Ann Arbor. That part of these lectures which concerns the operation of German civil justice seems to us of sufficient intrinsic interest to warrant publication.

Italian Administrative Courts Under Fascism, Paul B. Rava

Michigan Law Review

Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …

Review Of Administrative Acts : A Comparative Study Of The Doctrine Of The Separation Of Powers And Judicial Review In France And The United States, Armin Uhler

Michigan Legal Studies Series

The present study was originally inspired by the widespread interest in the doctrine of the separation of powers stimulated by current discussions of vital problems of administrative law. Frequent reference to this doctrine occurs especially in recent legal literature concerned with the relation between the administrative and judicial departments of government. Particular mention may be made of the attention which has been given the doctrine by the Special Committee on Administrative Law of the American Bar Association. However, the allusions to the doctrine in these discussions to prevalent separation of powers in the organization of government have not always been …

The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar

Michigan Law Review

That every judicial judgment, whatever its character, consists of premises and conclusion is a fact sufficiently obvious. In our system, especially, expression of the premises must very often be sought outside the actual judgment-order and collected from other parts of the judicial record or even from evidence aliunde of what took place at the hearing. But the legal nature of the relation between premises and conclusion is independent of the particular structure of the record and the mode of ascertaining what those premises were. Given satisfaction of the requirements of the law with respect to identity of parties, it is …

The Doctrine Of Stare Decisis In British Courts Of Last Resort, John A. Fairlie

Michigan Law Review

The House of Lords and the Judicial Committee of the Privy Council are both British courts of last resort. The House of Lords is the final court for the United Kingdom and reviews cases from the English Court of Appeals and equivalent courts of Scotland and Northern Ireland; the Judicial Committee hears appeals of cases from the colonies and dominions and ecclesiastical cases.

Readers of Professor Gray's lectures on The Nature and Sources of the Law are aware of the distinction he notes between the attitude of the British House of Lords, on the one hand, and the Judicial Committee …

The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe

Michigan Law Review

For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.

English Criminal Prosecutions, John B. Waite

Michigan Law Review

A review of CRIMINAL JUSTICE IN ENGLAND, A STUDY IN LAW ADMINISTRATION. By Pendleton Howard.

Civil Pleading In Scotland, Robert Wyness Millar

Michigan Law Review

Said Lord Chancellor Loreburn, in his answers to the questions addressed to him by Mr. Justice Lurton, preparatory to the drafting of the Federal Equity Rules of 1912: "It may be worth while for Mr. Justice Lurton and his coadjutors to consider the Scottish method of pleading which, in my opinion, is the best." This can only mean that the Lord Chancellor regarded the method in question as superior to that obtaining under the English Rules - certainly a high testimonial coming from such a quarter. Whether the opinion is justified or not is a question which may be left …

Old English Local Courts And The Movement For Their Reform, Arthur Lyon Cross

Michigan Law Review

The first Reform Bill of 1832 was at once a symptom and a further cause of momentous changes in English institutions, political and legal, to say nothing of social and ecclesiastical. Many of these were brought about as the result of patient and competent investigations of royal commissions which, though not unknown before the third decade of the nineteenth century, were active to an extent hitherto unheard of during that notable epoch of reform. While a few men of law were among the forward spirits, the bulk of the advance guard were laymen. As a rule judges, barristers and attorneys …

The Mixed Courts Of Egypt, Edwin D. Dickinson

Michigan Law Review

A review of THE MIXED COURTS OF EGYPT By Jasper Yeates Brinton.

The Book Of English Law

Michigan Law Review

A Review of THE BOOK OF ENGLISH LAW By Edward Jenks.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Technique Of Judicial Appointment, Harold J. Laski

Michigan Law Review

It is difficult to overestimate the significance of the judiciary in the modern state. The work of the executive has become so vast, the powers delegated to it by the legislature are so wide, that judges are, perhaps more than at any previous time, the real safeguard of personal liberty. It is only necessary to recall cases like Coppage v. Kansas, or R. v. Halliday, to realize how nearly judicial activity goes to the very heart of freedom. That is, of course, even more the case when, as with America, the constitution of the state is written, and …

Cooperation Between The Bar And The Public In Improving The Administration Of Justice, Edson R. Sunderland

Articles

Professor Sunderland compares public participation in the legal systems of the United States and Great Britain. "There must be a partnership between the profession and the laity for improving the administration of justice. Law must become a matter of public concern, and not treated as a mere perquisite of a professional class."

Permanent Court Of International Justice, Edwin D. Dickinson

Reviews

"The author of this volume of collected papers and addresses is well known as the Bemis Professor of International Law in Harvard Law School, sometime member of the Legal Section of the Secretariat of the League of Nations, and the most efficient advocate of the new Permanent Court of International Justice in America. His enterprise as an advocate is sufficiently attested by the fourteen brilliant papers reproduced in this volume and the nine other titles of similar nature listed in the bibliography, all of them produced during the last three years....

"The exceptional timeliness of the book and the quality …

The New Soviet Codes And Soviet Justice, Pitirim Sorokin

Michigan Law Review

Up to 1922 it is scarcely possible to speak of any justice, law, court and trial in Soviet Russia if we want to use these terms in their usual meanings. The years 1918-21 were the years of terror. And what this term means is clear from the following statement of Latzis, one of the heads of "The Extraordinary Commission for the Suppression of Counter-Revolution and Speculation" or the "Che-ka." "We do not carry on the war against the individuals: we are exterminating the bourgeoisie as a class. Do not look in the inquest for any material and for any evidences …

Constitutional Law--Executive Pardons In The Courts

Michigan Law Review

An interesting conflict between American political theories and early English precedents arose in a recent case involving the jurisdiction of a court of equity to set aside a pardon procured through fraud and deception upon the pardoning power. At the common law any suppression of the truth or suggestion of falsehood in procuring a pardon was held to vitiate it. HAWKINS, B. 2, ch. 37, § 8; 4 BLACK. COMM. 398, 400. The statute of 27 EDW. III, c. 2, provided that where a pardon was granted at any man's suggestion, the fact of such suggestion and the name of …

International Recognition And The National Courts, Edwin D. Dickinson

Articles

The extending of international recognition to a new government or a new state is a political function which belongs exclusively to the political departments of government. It follows that whenever the question of recognition or not is really involved in litigation the court should inform itself, as to the course pursued by the appropriate political department and decide accordingly. This much, if it ever needed to be settled, may now be regarded as settled beyond peradventure.

Requisitioned And The Government-Owned Ship, J. Whitla Stinson

Michigan Law Review

Jurisdiction over requisitioned and government-owned merchantmen and their liabilities under maritime laws are questions which present no real novelty. They were regarded by the ancient sea-law and were as familiar to it as they have recently become,-on account of the exigencies of the late war, to the admiralty systems of to-day. The maritime law of Rome supplies modem cases with the most cogent parallels and is reflected today in the jurisprudence of France and other continental and Latin countries. The jurisdictional question which figures most prominently in these cases relates to the authority to arrest or libel the property of …

Preventive Justice Through Declaratory Relief, Edson R. Sunderland

Other Publications

Professor Sunderland describes the history, and current directions, of declaratory judgments. "The practice of making declarations of right has completely revolutionized English remedial law. The American lawyer who peruses the current English reports is bewildered by their novelty...."

International Recognition And The National Courts, Edwin D. Dickinson

Articles

In the law of nations everything depends upon recognition. A newly organized state may possess all the requisites of de facto existence, but it can gain admission to the community of international law only as it is recognized by other states. Even after it has been admitted to the international community it may be virtually outlawed by the refusal of other states to recognize a change in its government. It is through recognition and recognition alone that a de facto state becomes and continues an international person and a subject of international law.

The Attaint, John M. Zane

Michigan Law Review

The assize of novel disseisinoriginally lay against the disseisor in possession in favor of the disseisee, and was soon extended to the heir of -the disseisee, but not against the heir or grantee of the disseisor. But the disseisor might be dead or might have conveyed the land, and in such a case the disseisee would be driven to the writ of right with iis delays and chance of battle. But the cases where the defendant had come into possession under a lawful title which was limited in time and had ceased to exist, i.. e., cases where there was …