Courts Commons^™

The Commerce Power: An Instrument Of Federalism, Albert S. Abel

Indiana Law Journal

No abstract provided.

Other Writings

Indiana Law Journal

Addresses and Other Writings, 1927-1949, by Wiley B. Rutledge.

Mr. Justice Rutledge - Law Clerks' Reflections, Victor Brudney, Richard F. Wolfson

Indiana Law Journal

No abstract provided.

Mr. Justice Rutledge And Full Faith And Credit, Fowler Harper

Indiana Law Journal

No abstract provided.

Rutledge And Civil Liberties, W. Howard Mann

Indiana Law Journal

No abstract provided.

Court Of Appeals Opinions

Indiana Law Journal

Opinions Delivered as Associate Justice of the Appellate Court of the District of Columbia, May, 1939, to February, 1943.

Supreme Court Opinions

Indiana Law Journal

Opinions Delivered as Associate Justice of the Supreme Court of the United States, April, 1943 to July, 1949.

Teacher Of Men, W. Willard Wirtz

Indiana Law Journal

No abstract provided.

Mr. Justice Rutledge, Hugo L. Black

Indiana Law Journal

No abstract provided.

Mr. Justice Rutledge - The Man, Irving Brant

Indiana Law Journal

No abstract provided.

Levitt V. Angel, Yitzhak Olshan, Menachem Dunkelblum, Shneor Zalman Cheshin

Translated Opinions

The appellant, who had allowed third parties to occupy premises in breach of an injunction restraining him from so doing was convicted of contempt of court under the Contempt of Court Ordinance and was sentenced to a fine of I.L. 250 or three months imprisonment. This sentence was imposed on the appellant by the District Court not for the purpose of inducing him to comply with the terms of the injunction, which had become impossible, but as a punishment for its breach.

Held, allowing the appeal, that the purpose of the sanctions in the Contempt of Court Ordinance is to …

Faces On The Court House Steps, A. F. Neumann

Michigan Law Review

Judge Frank may one day write a book which it will be possible to take or leave, but I doubt it. Few writers, with his ability and insight in the field of administration of justice, I suppose, succeed in evoking in their readers the spirited reactions that his writings produce. This is the highest praise that any reader can bestow-even though his reaction be a spirited disagreement.

In his most recent book, Courts on Trial, he has attempted to· destroy what he calls "myths" in legal thinking describing the fact-finding process just as he did for the rule determination …

Judgments-Collateral Estoppel By A Lower Court Judgment When Appeal Therefrom Is Dismissed Because The Case Has Become Moot, John C. Walker S.Ed.

Michigan Law Review

The United States sued defendant in two counts for violation of OPA price regulations. The first count asked for an injunction to restrain further violations while the second sought treble damages for past violations. By agreement of the parties the injunction issue was tried first. The trial court found that there had been no violation of price regulations and dismissed the bill. This phase of the case was appealed by the government as a final order. The appeal was dismissed on the ground that the injunction issue had become moot, the particular commodity having been decontrolled in the interim. The …

Soviet Socialism And Due Process Of Law, John N. Hazard

Michigan Law Review

An eminent American legal philosopher has recently written in the pages of this Review that Soviet leaders have discovered some ancient truths-namely, that some respect must be paid, sooner or later, to the principle of legality. In the light of various memoirs and disclosures of persons who have experienced or studied life in Soviet labor camps, such a statement invites incredulity. Can it have any basis in fact? Can it be possible that there is a dualism in Soviet practice, with one set of experiences supporting the conclusion that there is a trend toward legality and another set of experiences …

Federal Courts-Civil Procedure-Availability To Plaintiff Of Change Of Venue Under Title 28 U.S.C.A. 1404(A), Richard B. Gushée S.Ed.

Michigan Law Review

The plaintiffs filed a complaint in the United States District Court for the Northern District of Ohio in order to obtain service on the defendant. The plaintiff then filed a motion for an order to transfer the cause to the United States District Court for the Western District of Pennsylvania under Title 28 U.S.C.A. 1404(a) on the grounds that all the plaintiffs and witnesses resided in Pennsylvania, that it would be inconvenient and expensive to transport these witnesses to Ohio, and that the cause of action arose in Pennsylvania. Held, motion denied. Title 28 U.S.C.A. 1404(a) is not available …

Constitutional Law-Federal Courts-Diversity Jurisdiction- District Of Columbia Citizens, John D. Mcleod S.Ed.

Michigan Law Review

The Act of Congress of April 20, 1940, provided that district courts should exercise original jurisdiction over actions "between citizens of different States, or citizens of the District of Columbia, the Territory of Hawaii, or Alaska, and any State or Territory . . . . " The committee report and the title indicate the purpose to extend to citizens of the District of Columbia and the territories the right to sue in federal district courts on grounds solely of diversity of citizenship. Although the committee reports indicated no constitutional difficulties, the majority of the lower federal courts which considered the …

The Growing-Up Stick (A Book Review For Washington Lawyers). Miniumum Standards Of Judicial Administration, Edited By Arthur T. Vanderbilt (1949), John N. Rupp

Washington Law Review

The book at hand goes a considerable way to fill this need for a set of standards, although the editor, Hon. Arthur T. Vanderbilt, Chief Justice of the Supreme Court of New Jersey, and a former eminent President of the American Bar Association, vigorously emphasizes the fact that these are "the minimum standards needed in a practical way to make our court procedure work in the twentieth century." These standards have the firm support of the American Bar Association and the National Conference of Judicial Councils. In the introduction to the volume Judge Vanderbilt tells how and why these standards …

The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed.

Michigan Law Review

Recent years have seen increasing effort on the part of courts to distinguish between civil and criminal contempts. This effort has been engendered by an awareness of the different procedural and substantive aspects of the two classifications. A discussion of these aspects, as well as of the tests used to distinguish civil and criminal contempts, is beyond the scope of this paper. Suffice it to say that those tests which have been applied leave much to be desired. The lack of clarity, so evident in prevailing tests, is in part a legacy from early decisions which permitted the two types …

Wendell: Relations Between The Federal And State Courts, Glenn R. Winters

Michigan Law Review

A Review of RELATIONS BETWEEN THE FEDERAL AND STATE COURTS. By Mitchell Wendell.

The Constitutional World Of Mr. Justice Frankfurter, By Samuel J. Konefsky, John Frank

Indiana Law Journal

No abstract provided.

Book Reviews, Paul H. Douglas, Cecil Sims (Reviewer), Ray Forrester (Reviewer)

Vanderbilt Law Review

Book Reviews

Congress on Trial By James M. Burns New York: Harper & Brothers,1949. Pp. vii, 224. $3.00

reviewer: Paul H. Douglas

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Language and the Law By Frederick A. Philbrick New York: MacMillanCo., 1949. Pp. v, 254. $3.75

reviewer: Cecil Sims

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Commentary on the U.S. Judicial Code By James William Moore Albany: Matthew Bender and Company, 1949. Pp. viii, 684. $10.00

reviewer: Ray Forrester

On Understanding The Supreme Court, By Paul A. Freund, W. Howard Mann

Indiana Law Journal

No abstract provided.

Special Problems In Drafting And Interpreting Procedural Codes And Rules, Charles E. Clark

Vanderbilt Law Review

My contribution to this symposium will consist of the advancement of one main thesis and four subordinate and supporting ones. My main thesis is simple indeed. Procedural rules must be viewed as grants or creations of judicial power. My subordinate theses then indicate certain complications showing that in practice the matter cannot be thus wholly disposed of. Though too much reform has so assumed, it turns out that telling a court it has power does not guarantee exercise of that power. Judicial inertia, precedent-mindedness, love of technical niceties--all play their part in halting procedural improvement. So does, even more, a …

Legal Writing On Statutory Construction, Paul H. Sanders, John W. Wade

Vanderbilt Law Review

This review does not purport to provide a complete critique of the various works in the field of Statutory Construction. It is not directed primarily to the specialist. Instead, it is intended to bring together for the benefit of the general practitioner the various books and other writings on the subject and thus amounts essentially to a bibliography. But an effort has been made to suggest the approach of the longer works and to estimate in some measure their value. Thus this symposium on the subject of Statutory Construction can be rounded out by providing convenient reference to other writings …

Remarks On The Theory Of Appellate Decision And The Rules Or Canons About How Statutes Are To Be Construed, Karl N. Llwellyn

Vanderbilt Law Review

One does not progress far into legal life without learning that there is no single right and accurate way of reading one case, or of reading a bunch of cases. For

(1) Impeccable and correct doctrine makes clear that a case "holds"with authority only so much of what the opinion says as is absolutely necessary to sustain the judgment. Anything else is unnecessary and "distinguishable" and noncontrolling for the future. Indeed, if the judgment rests on two, three or four rulings, any of them can be rightly and righteously knocked out, for the future, as being thus "unnecessary." Moreover, any …

Book Reviews, E. M. Morgan, Samuel Mermin, Clyde W. Summers, Vernon X. Miller, John Ritchie Iii, Charles Bunn, Douglas B. Magos

Journal of Legal Education

No abstract provided.

Origin And Development Of The Directed Verdict, William Wirt Blume

Michigan Law Review

Recent decisions of the Supreme Court of the United States have aroused a new interest in the familiar motion for a directed verdict. In this discussion the writer will undertake a brief examination of the antecedents of the motion, and then will trace its short but significant history.

Courts--Process--Retroactive Operation Of Statutes Providing For Substituted Service, Robert H. Frick S.Ed.

Michigan Law Review

Plaintiff, a stockholder of a South Carolina corporation, commenced a derivative suit against former directors of the corporation by serving a summons and complaint on the Secretary of State of South Carolina. Plaintiff relied on a statute providing that nonresident directors of domestic corporations, by acceptance of election or appointment as directors, should be held to have appointed the Secretary of State their agent for service of process. The statute became effective in May, 1947. Defendants, residents of New Jersey and Maryland, had resigned as directors of the corporation in December, 1946. On appeal from a judgment vacating the service …

Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.

Michigan Law Review

Petitioner suffered injuries in the course of his duties as an employee of respondent railroad. Subsequently, respondent advanced money to petitioner and the latter agreed in writing that if his claim could not be settled he would sue only in the county or district where he resided at the time of the injury, or in the county or district where the injury was sustained. This agreement restricted petitioner's choice of venue to either a state or federal court sitting in Michigan. Ignoring the contract, petitioner sued in an Illinois court. Respondent then brought suit in the Michigan courts to enjoin …

The Tidewater Case And Limited Jurisdiction Of Federal "Constitutional" Courts, Joe H. Foy

Vanderbilt Law Review

In the recent case of National Mutual Insurance Ca. v. Tidewater Transfer Co.,' the Act of April 20, 1940, allowing citizens of the District of Columbia and of the territories to sue and be sued in the district courts on the basis of diverse citizenship, was held constitutional insofar as it applies to citizens of the District of Columbia. The practical effect of the decision, in allowing Congress to remove a basic inequality among citizens of the United States, is perhaps commendable. However, there are broad theoretical implications in this holding, emphasized by sharp debate among the justices, which could …