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University of Michigan Law School

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Articles 331 - 360 of 420

Full-Text Articles in Judges

In Suport Of The Thayer Theory Of Presumptions, Charles V. Laughlin Dec 1953

In Suport Of The Thayer Theory Of Presumptions, Charles V. Laughlin

Michigan Law Review

A learned judge once said to a young lawyer, "If you are ever a trial court judge, never give reasons for your decisions. Your rulings will probably be right, but your reasons will likely be wrong." That statement may aptly apply to judicial pronouncements relating to the subject of presumptions. Decisions are largely free from criticism so far as concerns the results reached, but the reasoning processes by which they are reached appear to be in hopeless confusion. It is believed that a theory can be presented which will both reconcile these confusions of judicial techniques and explain the general …

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Constitutional Law - Public Trial In Criminal Cases, Carl S. Krueger S.Ed. Nov 1953

Constitutional Law - Public Trial In Criminal Cases, Carl S. Krueger S.Ed.

Michigan Law Review

The criminal trial has been traditionally open to the public in Anglo-Saxon procedure, as it was in Roman and other civilized societies of an earlier time. The public trial of today, however, has been subjected to considerable criticism on the ground that there is a tendency for criminal trials to degenerate into public spectacles, frequently interrupting the orderly procedure of justice, and not infrequently actually prejudicing the accused. If no useful purpose is served by the presence of the idle public during the deadly serious determination of guilt or innocence, should not the judge, subject to the right of admittance …

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Vanderbilt: Cases And Materials On Modern Procedure And Judicial Administration, Charles W. Joiner Feb 1953

Vanderbilt: Cases And Materials On Modern Procedure And Judicial Administration, Charles W. Joiner

Michigan Law Review

A Review of CASES AND MATERIALS ON MODERN PROCEDURE AND JUDICIAL ADMINISTRATION by Arthur T. Vanderbilt.

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Discipline Of Judges, Frederic M. Miller Mar 1952

Discipline Of Judges, Frederic M. Miller

Michigan Law Review

In most of the states, judges of the appellate courts and of the trial courts of general jurisdiction are subject to discipline or removal from office by impeachment at the hands of the legislature, pursuant to constitutional provisions analogous to those applicable to the Federal Judiciary. Such proceedings are seldom instituted. The survey indicates that, during the 20 year period from 1928 to 1948, only three impeachment proceedings were prosecuted and in all three the defense prevailed.

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Nims: Pre-Trial, John W. Reed Apr 1951

Nims: Pre-Trial, John W. Reed

Michigan Law Review

A Review of PRE-TRIAL. By Harry D. Nims.

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Nims: Pre-Trial, John W. Reed Apr 1951

Nims: Pre-Trial, John W. Reed

Michigan Law Review

A Review of PRE-TRIAL. By Harry D. Nims.

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King: Melville Weston Fuller, Chief Justice Of The United States 1888-1910., Louis P. Haller Mar 1951

King: Melville Weston Fuller, Chief Justice Of The United States 1888-1910., Louis P. Haller

Michigan Law Review

A Review of MELVILLE WESTON FULLER, CHIEF JUSTICE OF THE UNITED STATES 1888-1910. By Willard L. King.

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Freund: On Understanding The Supreme Court., Michigan Law Review Jun 1950

Freund: On Understanding The Supreme Court., Michigan Law Review

Michigan Law Review

A Review of ON UNDERSTANDING THE SUPREME COURT. By Paul A. Freund.

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Mr. Justice Murphy, Fred M. Vinson Apr 1950

Mr. Justice Murphy, Fred M. Vinson

Michigan Law Review

I count it a rare privilege to have known Frank Murphy. Gentle, kindly, and amiable of temperament, yet he had a strength of character and tenacity of purpose that enabled him to uphold the right, as God gave him to see the right, no matter what the pressures and constraints. His untimely death deeply touched the hearts of all who knew him, while the poor, the underprivileged, the accused, and minorities of many different shades of belief mourned the passing of one who had been their protagonist.

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Mr. Justice Murphy, Hugo L. Black Apr 1950

Mr. Justice Murphy, Hugo L. Black

Michigan Law Review

Frank Murphy's extensive public service is discussed by others in this issue. I write of him as an associate, and as a friend. Our friendship began when we first met in 1936, and grew stronger with the years. No one associated with him could fail to be attracted by his human warmth and his passion for justice.

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Mr. Justice Murphy, Ira W. Jayne Apr 1950

Mr. Justice Murphy, Ira W. Jayne

Michigan Law Review

When Justice Frank Murphy took his seat on the bench of the Supreme Court of the United States, I was asked to make a public statement about the appointment.

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Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr. Apr 1950

Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr.

Michigan Law Review

Justice Murphy would have observed his tenth anniversary on the Supreme Court on February 5, 1950. Just as some of us who were privileged to serve as his law clerks were beginning to think of plans to honor him on that occasion, the news of his death came to stun us. So instead we pay homage to his memory by relating some of the manifold aspects of the character of this most noble man.

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Mr. Justice Murphy And Civil Rights, Thurgood Marshall Apr 1950

Mr. Justice Murphy And Civil Rights, Thurgood Marshall

Michigan Law Review

There is constant danger that the unpopularity of an individual, or of the group of which he is a member, will be reflected in dealings with his rights by his neighbors or by the organized community. In America today this bias is most likely to stern from differences of race, origin, nationality, or religious or political belief. Prejudice may victimize an entire group or any of its members. Any charge of shocking or anti-social conduct against one who is already thus unpopular increases the likelihood of unfair treatment. Not only private citizens, but legislators, judges and administrative officers of government …

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The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox Apr 1950

The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox

Michigan Law Review

When Mr. Justice Murphy took his place on the Supreme Court in 1940, a period of major development in labor law was beginning. In 1935 Congress had laid one of the two principal foundation stones by enacting the Wagner Act. But the NLRA did not become effective in any practical sense until after its constitutionality was upheld in 1937, and it was in the next decade that the farthest reaching questions of interpretation and application were to be decided. The second stone was laid in 1938 when passage of the Fair Labor Standards Act committed the nation to the policy …

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Vanderbilt: Men And Measures In The Law, Michigan Law Review Jun 1949

Vanderbilt: Men And Measures In The Law, Michigan Law Review

Michigan Law Review

A Review of MEN AND MEASURES IN THE LAW. By Arthur T. Vanderbilt.

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Isaacs: Oath Of Devotion, Michigan Law Review May 1949

Isaacs: Oath Of Devotion, Michigan Law Review

Michigan Law Review

A Review of OATH OF DEVOTION By Julius Isaacs

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Federal Courts-Disqualification Of District Judge For Prejudice- Sufficiency Of Affidavit, John C. Walker Apr 1949

Federal Courts-Disqualification Of District Judge For Prejudice- Sufficiency Of Affidavit, John C. Walker

Michigan Law Review

Defendants were indicted in a federal district court for conspiring to organize as the Communist Party of the United States and to advocate overthrowing the government by force or violence in violation of a federal statute. During argument on their motion for a 90-day extension, the judge remarked he thought "public policy might require that the matter be given prompt attention . . . when perhaps there may be some more of these fellows up to that sort of thing"; that "I am not going to give them anything like 90 days, I am going to tell you right now"; …

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Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review Mar 1949

Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review

Michigan Law Review

A Review of MR. JUSTICE BLACK: THE MAN AND HIS OPINIONS By John P. Frank.

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Judges--Motion For New Trial--Death Of Trial Judge Before Hearing On Motion For New Trial, Albert B. Perlin, Jr. Dec 1948

Judges--Motion For New Trial--Death Of Trial Judge Before Hearing On Motion For New Trial, Albert B. Perlin, Jr.

Michigan Law Review

Judgment was entered upon a jury verdict for the plaintiff. Defendants thereupon filed their intention to move for a new trial, but before the motion could be heard the trial judge died and assignment was made for hearing before another judge of the same court. Section 661 of the California Code of Civil Procedure directed that, "The motion for new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability of such judge or if at the time noticed for hearing thereon he is absent from the county …

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Judges-De Facto Judges, J. R. Swenson S.Ed. Jun 1948

Judges-De Facto Judges, J. R. Swenson S.Ed.

Michigan Law Review

In 1947, the Arkansas legislature created an additional division in the First Chancery Circuit and provided that the office be filled until the next general election by Ruth F. Hale, the then Master of Chancery in that circuit. In Arkansas, divorce is an equitable proceeding, and from the date of her appointment, Chancellor Hale had granted an estimated 1,750 divorces. Defendant appealed a divorce decree granted by Chancellor Hale alleging it to be void. Held, decree vacated. Three judges dissented. Howell v. Howell, (Ark. 1948) 208 S.W. (2d) 22.

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Recent Books, Michigan Law Review May 1948

Recent Books, Michigan Law Review

Michigan Law Review

This department undertakes to note or review briefly current books on law and matters closely related thereto.

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Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin Feb 1948

Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin

Michigan Law Review

We have already become familiar with Johnson's awareness of the unconsciousness of mankind "of the shackles which superstition and tyranny had thrown around" it. He was also sensitive to the part which the law had played in preserving such a state of affairs. His keen and analytic mind was unwilling to accept as final what he knew was the illusive mirage of reality. The situation was a frustrating one-so much so that few minds today are prepared to accept the challenge which such a dynamic attitude entailed for him. He began anticipating beyond the capacities of the minds of those …

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Hall: Selected Writings Of Benjamin Nathan Cardozo, Michigan Law Review Jan 1948

Hall: Selected Writings Of Benjamin Nathan Cardozo, Michigan Law Review

Michigan Law Review

A Review of SELECTED WRITINGS OF BENJAMIN NATHAN CARDOZO. Edited by Margaret E. Hall.

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Mr. Justice William Johnson, Jurist In Limine: The Judge As Historian And Maker Of History, A. J. Levin Dec 1947

Mr. Justice William Johnson, Jurist In Limine: The Judge As Historian And Maker Of History, A. J. Levin

Michigan Law Review

In the year 1822 A. E. Miller of No. 4 Broad-street, near the Bay, Charleston, South Carolina, "Printed for the Author" the Sketches of the Life and Correspondence of Nathanael Greene, Major General of The Armies of The United States, In The War of The Revolution. The fly-leaf announced that the work was "Compiled Chiefly from Original Materials" and that it was in "Two Volumes" by William Johnson of Charleston, South Carolina. It was, indeed, a substantial publication "grown to a bulk . . . never anticipated" of some nine hundred thirty-eight pages exclusive of numerous pages in small …

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Habeas Corpus-Federal Courts-May Application For Habeas Corpus Addressed To One Federal Judge Be Heard By Another Judge Of The Same Court?, G. R. Thornton Oct 1945

Habeas Corpus-Federal Courts-May Application For Habeas Corpus Addressed To One Federal Judge Be Heard By Another Judge Of The Same Court?, G. R. Thornton

Michigan Law Review

Petitioner applied to a specific district court judge for a writ of habeas corpus. Following the practice of the court of which he was a member, this judge filed the petition with the clerk of the court, and it was assigned to a second judge, who denied the petition. From this decision petitioner appealed. Two questions were raised (1) whether a writ of habas corpus should be granted; and (2) whether it is mandatory that a petition of habeas corpus addressed to a specific judge of the district court be heard and determined by that judge to the exclusion of …

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Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin Aug 1945

Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin

Michigan Law Review

When Justice Oliver Wendell Holmes filed his brief dissenting opinion in Lochner v. New York in 1905 he must have noticed something new on the American horizon. In this now famous opinion he initiated the first steps which were to usher in a new era in American jurisprudence. "General propositions do not decide concrete cases," he announced with axiomatic brevity and, thus, gave the first telling blow to what may well be termed "introspective jurisprudence." This generalization on the subject of generality was followed in the opinion by a more concrete application, the implementing assertion that a reasonable man might …

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Criminal Law And Procedure-Whether Reversible Error For Judge To Give Instructions Relating To Credibility Of Defendant Witness, Edwin Boos Feb 1945

Criminal Law And Procedure-Whether Reversible Error For Judge To Give Instructions Relating To Credibility Of Defendant Witness, Edwin Boos

Michigan Law Review

Appellant who was convicted of committing a criminal abortion, moved for a new trial alleging as error an instruction given by the judge to the jury. The instruction singled out the defendant from the other witnesses, pointing to his high degree of interest in a verdict of not guilty, as reason for scrutinizing his testimony. The judge also warned the jury that it need not accept blindly the testimony of the accused. Held, reversed, new trial ordered. Swanson v. State, (Ind. 1944) 52 N.E. (2d) 616.

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Mr. Justice William Johnson, Creative Dissenter, A. J. Levin Dec 1944

Mr. Justice William Johnson, Creative Dissenter, A. J. Levin

Michigan Law Review

Until the advent of Justice Oliver Wendell Holmes, the masterful and magnetic figure of Chief Justice John Marshall well-nigh overshadowed the whole field of constitutional jurisprudence. That Marshall made inestimable additions to our ideas of cooperative living at the very beginning of our democracy, and that his repute was well deserved, cannot be gainsaid. But one has good cause to wonder why the name of so distinguished a colleague as William Johnson, who sat on the same bench with Marshal for almost thirty years during that formative period, should have been almost completely obscured all these years. Rare, indeed, is …

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Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld Jun 1944

Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld

Michigan Law Review

Mr. Justice Holmes was ninety on March 8, 1931. That anniversary brought him a "shower of birthday congratulations and tributes in writing and print," which included thoughtful appraisals of his work up to then as scholar and judge. But that work was not yet done. There remained "a little finishing canter before coming to a standstill." The aging justice was to participate in the work of two more terms of court before his retirement on January 12, 1932. In Holmes's quiver, waiting to be "fired off," were a dozen opinions which now grace the pages of volume 283 of the …

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Judges-Disqualification -Doctrine Of Necessity, W. Theodore Markwood Jun 1944

Judges-Disqualification -Doctrine Of Necessity, W. Theodore Markwood

Michigan Law Review

An original action in quo warranto was brought in the name of the state on the relation of the Attorney General who later became a justice of the Supreme Court and participated in the final decision. It was argued on motion for a rehearing that this justice was disqualified by his prior connection with the case and that his participation in the final decision made it erroneous. Held, he was not disqualified, but if he had been, he was nevertheless under a duty to act with the court when it appeared that without his participation no decision could be …

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