Comparative and Foreign Law Commons^™

The Scope Of Judicial Review, Edson R. Sunderland

Michigan Law Review

There was nothing known to the common law which was, or could properly be called, a true appeal from one court to another, and this was so in England until the judicature act of 1873. There were, however, certain imperfect and restricted methods by which some sort of redress could be had for an unjust decision.

Forestalling, Regrating And Engrossing, Wendell Herbruck

Michigan Law Review

The earliest attempts in English Law to regulate trade are to be found in the enactments against forestalling, regrating and engrossing and in them, it has been asserted, is the basis of our modern legislation against monopolies and combinations in restraint of trade. Aside, however, from the mention that is occasionally made of these crimes in connection with the history of the laws of trade, the words as a part of legal terminology are almost obsolete, although the word "forestalling" is used to define a crime punishable under the laws of Ohio and doubtless is to be found in other …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Primitive Character And Origin Of The Bonorum Possessio, George M. Bush

Michigan Law Review

The Bonorum Possessio, or Praetorian inheritance or succession, is one of the most important, complicated and difficult sections in the study of the Private law of Rome. This subject is not well known to students of Roman law, although so far it has been the object of much research on the part of many German and a few French, scholars.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Acquisition Of Foreign Domicil And The Doctrine Of Renvoi

Michigan Law Review

A recent English decision has virtually overruled the leading case of In re Johnson, and revived interest in problems raised by application of the much discussed doctrine of renvoi.

Judicial Precedent In Mexican Law

Michigan Law Review

It is well known that precedent in the modern legal systems based upon the Roman law does not play the important role that it performs in the United States and Great Britain. A decision in an Anglo-American supreme court not only determines the point at issue but establishes a rule under which decisions may be made in the future. A decision in a Latin-American, or in a Continental supreme court has only the value of a judgment on the particular point in question. The body of decisions rendered upon the same point of law is not considered in the countries …

Appeal Of Death And Its Abolition, William Renwick Riddell

Michigan Law Review

The Appeal of Death-or, as it is sometimes called, the Appeal of Murder, because it was generally invoked in cases of murder although cases of manslaughter were also within its scope-was an interesting survival of ancient law which continued its existence in England until a little more than a century ago, and which, when it fell, brought down a mass of crumbling and antiquated rubbish, which served no good purpose and might-sometimes did-do harm.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Pardons In Impeachment Cases, Maurice Taylor Van Hecke

Michigan Law Review

A year ago, Governor Miriam Ferguson, of Texas, approved an act of the legislature of that state, the gist of which reads as follows:

"That every person against whom any judgment of conviction has heretofore been rendered by the Senate of the State of Texas in any impeachment case, shall be and is hereby granted a full and unconditional release of any and all acts and offenses of which he was so convicted by said Senate of the State of Texas, upon any charge or proceedings of impeachment.

"That any and all penalties or punishment inflicted by or resulting from …

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 …

The Legal Position Of Foreigners In Soviet Russia, Leo Zaitzeff Dr.

Michigan Law Review

The Soviet Government has replaced the entire previous legal order by legislation of its own; it is therefore not surprising that even in well informed legal circles outside of Russia very vague and indefinite notions exist regarding the legal situation there. In the last few years moreover, many states have considered it necessary to recognize the Soviet Government. Since this recognition or even before, there have been some economic undertakings within &met territory by foreign individuals, but even these persons for the most part were entirely unfamiliar with the Soviet laws.

Erring Judges Of The Thirteenth Century, William Renwick Riddell

Michigan Law Review

The Royal Historical Society (of London) has published much material of great interest to lawyers-an humble Fellow, I think none is more interesting than that published in 1906: "State Trials of the Reign of Edward the First, 1289-1293".

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

An Appraisal Of English Procedure, Edson R. Sunderland

Michigan Law Review

On paper the program of the London meeting of the American Bar Association last year was not a crowded one. No busy morning sessions hurried the members away from their hotels; at noon there was a leisurely opportunity for comfortable luncheons; and the drowsy summer afternoon was far advanced before the real business of the day began. But the printed program only marked the high points of the meeting. All through the week, by day and by night, there was London to be seen, the Abbey, the Tower, the Thames, palaces, parks and galleries, and the thousand historic spots which …

The Law School And The Professional Tradition, Roscoe Pound

Michigan Law Review

Only historians know that Michigan, Illinois and Wisconsin were once, at least in legal theory, governed by the Custom of Paris. That fact has not left a mark upon the actual law of any of those jurisdictions. Nor is the reason far to seek. In the pioneer days of the French occupation of this part of North America there was little scope for such law as is to be found in books. There was need only for a rude administration of offhand justice in the simple concerns of a frontier society. And had there been need for anything more, the …

The New Holdsworth, Arthur Lyon Cross

Michigan Law Review

In view of the fact that Pollock and Maitland do not go beyond the time of Edward I and Reeves no further than Elizabeth's reign, Professor Holdsworth, in publishing a revision and extension to the eighteenth century of his well known work, ventures to point out that it is "the first continuous history of English law that has ever been written". And so it is, to the point to which he has carried it thus far. One more volume at least is promised in the near future; while it is to be hoped that subsequent contributions may ultimately appear. "From …

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."

Waiver Of State Immunity, Edwin D. Dickinson

Articles

"English and American courts have come to regard it as 'an axiom of international law' that foreign states should be immune from suit in the national tribunals unless they to the expressly or impliedly waive their immunity and submit to the jurisdiction.... Yet it has not been doubted that states may waive immunity and submit to the local jurisdiction if they wish. In practice they frequently find it advantageous to do so. Some difficult questions arise when it becomes necessary to define the requisites of a waiver or to determine its precise effect in a particular case."

Recent Recognition Cases, Edwin D. Dickinson

Articles

"The prolonged interval during which the United States declined to recognize the government functioning in Mexico, and the still more protracted period during which recognition has been withheld from the de facto government in Russia, have produced some unusually interesting problems with respect to the appropriate judicial attitude toward an unrecognized de facto foreign government."

War Crimes, Elbridge Colby

Michigan Law Review

Grant that as far as military jurisdictions are concerned, the superior order justifies the act of the subordinate. Yet is such a judgment valid outside of military circles? Grant that public armed troops and soldiers have generally been held exempt when acting under the orders of their sovereign, and are responsible only to their own government. Is this an absolute protection? Is it true that, by the authority vested in him, "the commanding general determines what measures are necessary unless restrained by the orders of his government, which alone is his superior." Are there no qualifications to the idea that …

A Modern Instance Of Zenothemis V. Demon, John M. Zane

Michigan Law Review

That a specific rule in Greek law should be of value to the decision of a legal question arising among us would seem at first blush improbable. Both the historical and analytical jurists have insisted so strongly upon the causes which tend to make any system of positive law something peculiar in itself that they have obscured the fact that the rules of substantive law are quite likely to be the same for like circumstances among nations which have reached a comparatively high level of civilization. The now dominant school of juristic thought, which teaches what its foremost exponent has …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

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 …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

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 …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.