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Articles 271 - 300 of 353
Full-Text Articles in Comparative and Foreign Law
Forestalling, Regrating And Engrossing, Wendell Herbruck
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 …
The Primitive Character And Origin Of The Bonorum Possessio, George M. Bush
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.
Acquisition Of Foreign Domicil And The Doctrine Of Renvoi
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
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
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.
Pardons In Impeachment Cases, Maurice Taylor Van Hecke
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 …
The Technique Of Judicial Appointment, Harold J. Laski
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.
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
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".
An Appraisal Of English Procedure, Edson R. Sunderland
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
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
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 …
War Crimes, Elbridge Colby
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
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 …
The New Soviet Codes And Soviet Justice, Pitirim Sorokin
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 …
The New Colombian Law Of Bills And Notes
The New Colombian Law Of Bills And Notes
Michigan Law Review
The collection of "Laws Presented to the Government of Colombia by the Commission of American Financial Experts, and an Exposition of Motives by the Latter" (Bogota, 1923, Casa Editorial de Cromos; with an introduction by Dr. Cesar Julio Rodriguez), states by way of introduction that Law 60 of 1922 authorizes the government to contract abroad with five experts in public administration to come to Colombia and assist in the preparation of bills for laws or decrees for the reorganization of the national fiscal system. In accordance with this law the Colombian Minister at Washington, Dr. Enrique Olaya Herrera, engaged the …
"Current Funds" As "Money" In Commercial Paper
"Current Funds" As "Money" In Commercial Paper
Michigan Law Review
By the Uniform Negotiable Instruments Law, §1 (2), it is provided that an instrument to be negotiable "must contain an unconditional promise or order to pay a sum certain in money"; and by Section 6 (5) it is declared that "the validity and negotiable character of an instrument are not affected by the fact that * * * [it] designates a particular kind of current money in which payment is to be made." The Illinois statute inserts before the word "designates" the following: "Is payable in currency or current funds, or." There is nothing in the language of the statute …
The Machinery Of Procedural Reform, Edson R. Sunderland
The Machinery Of Procedural Reform, Edson R. Sunderland
Michigan Law Review
Much has been said and written about the imperfections of legal procedure. It is a subject of great interest and concern to the bar and to the public. Since rules of practice prescribe the conditions under which rules of law may be made operative, in so far as they fail of their purpose the law itself becomes ineffective. Lord Campbell is reported to have said that "The due distribution of justice depends more upon the rules by which suits are conducted than on the perfection of the code by which rights are defined."
Recognition Of Foreign Decree Annulling Marriage
Recognition Of Foreign Decree Annulling Marriage
Michigan Law Review
Decisions considering the question of jurisdiction to annul a marriage or the recognition to be afforded to a decree of annulment rendered by a But upon questions in the law of divorce authorities are legion. American lawyers naturally tum to divorce as the means of securing relief for clients from distasteful or unbearable marital difficulties. But annulment cases are increasing in number, and the increase in some states may be expected to continue. In Di Lorenzo v. Di Lorenzo, 174 N. Y. 467, the court of appeals said that every misrepresentation of a material fact, made with the intention …