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Articles 181 - 210 of 244
Full-Text Articles in Judges
The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox
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 …
Vanderbilt: Men And Measures In The Law, Michigan Law Review
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.
Isaacs: Oath Of Devotion, Michigan Law Review
Isaacs: Oath Of Devotion, Michigan Law Review
Michigan Law Review
A Review of OATH OF DEVOTION By Julius Isaacs
Federal Courts-Disqualification Of District Judge For Prejudice- Sufficiency Of Affidavit, John C. Walker
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"; …
Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review
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.
Judges--Motion For New Trial--Death Of Trial Judge Before Hearing On Motion For New Trial, Albert B. Perlin, Jr.
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 …
Judges-De Facto Judges, J. R. Swenson S.Ed.
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.
Recent Books, Michigan Law Review
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.
Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin
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 …
Hall: Selected Writings Of Benjamin Nathan Cardozo, Michigan Law Review
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.
Mr. Justice William Johnson, Jurist In Limine: The Judge As Historian And Maker Of History, A. J. Levin
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 …
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
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 …
Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin
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 …
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.
Mr. Justice William Johnson, Creative Dissenter, A. J. Levin
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 …
Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld
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 …
Judges-Disqualification -Doctrine Of Necessity, W. Theodore Markwood
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 …
Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin
Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin
Michigan Law Review
A policy of judicial avoidance, otherwise referred to as "judicial restraint," has clearly been the dominant trend in the United States Supreme Court since Mr. Justice Holmes began to sit upon that bench at the beginning of this century. There has been an inclination to explain this change as revealing a tendency of the Court to follow a policy of laissez-faire toward the legislative and executive departments, and to stop at this formalistic explanation of this important aspect of the judicial function. The Court's increasing awareness of its own lack of technical competence in dealing with the many complex governmental …
Unreported Michigan Supreme Court Opinions, 1836-1843, Clark F. Norton
Unreported Michigan Supreme Court Opinions, 1836-1843, Clark F. Norton
Michigan Law Review
It is a commonly known fact that, although Michigan was admitted to the Union in 1837 (many of her citizens had claimed statehood for more than a year prior to her formal admission), few opinions of the state supreme court written before 1843 have ever been published. Why a period of almost ten years should have elapsed before the first volume of state reports was issued in 1846 ( with the exception of two volumes of chancery reports), or why the early reporters seem, from a casual examination, to have neglected decisions of the court before 1843, or what happened …
Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson
Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson
Michigan Law Review
The sorrow with which the entire nation learned of the death of Mr. Justice Cardozo bears witness to the sense of loss felt by the great body of his fellow citizens. Few of the people who mourn him had personal opportunity to know the high qualities of his mind or his saintly character. Yet they truly feel that between him and the thought and spirit of his time there was fundamental sympathy and understanding. In a real sense the cast of his thinking was the product of his age. This awareness of his time was coupled in him with sensitiveness …
Judges -Appointment Of Substitute For Recused Judges - Disqualification Of Judges, Julian Caplan
Judges -Appointment Of Substitute For Recused Judges - Disqualification Of Judges, Julian Caplan
Michigan Law Review
The problems of the disqualification of judges because of prejudice and of the appointment of substitutes for judges so disqualified were considered in the recent case of State ex rel. Thompson v. Day. One of the defendants in a labor injunction suit had filed with the governor an affidavit setting forth facts showing that the sole judge of the district in which the dispute had arisen had anti-labor tendencies to such extent that the petitioner could not obtain a fair trial and requested that the regular judge be disqualified from hearing the injunction proceedings and a substitute appointed. The …
Judges - De Facto Judge - Special Judge Holding Over After Term Of Assignment Expires, Michigan Law Review
Judges - De Facto Judge - Special Judge Holding Over After Term Of Assignment Expires, Michigan Law Review
Michigan Law Review
A district judge, specially assigned to a court other than his own for a term of one week, continued to hold the position after the period had expired under the belief that his assignment covered a longer period, and tried this case after the expiration of the one week period. All attorneys, assuming that the assignment covered a longer period, acted in the case without objection to the judge. The parties did not specifically agree upon him as a special judge. After verdict for defendant, plaintiff moved to vacate. Held, the judge was a de facto judge, and his …
Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen
Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen
Michigan Law Review
Convinced of the desirability of such action, a judge, conducting the trial of a criminal case, wishes to clear the court room of all or a portion of the spectators. To what extent may he legitimately do so? He is necessarily limited by the provision in the constitution of almost every state and in the Sixth Amendment of the Constitution of the United States that in "all criminal prosecutions the accused shall enjoy the right to a speedy and public trial." The extent to which the trial court may go in clearing the court room has been most often tested …
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
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.
Has The Constitution Gone?, John A. Fairlie
Has The Constitution Gone?, John A. Fairlie
Michigan Law Review
As far back as 1828, Chief Justice Marshall is quoted as saying: "Should Jackson be elected, I shall look upon the government as virtually dissolved." A few years later, when Taney was appointed Chief Justice by Jackson, Daniel Webster wrote: "Judge Story thinks the Supreme Court is gone, and I think so too." Soon afterwards, when the newly constituted Court rendered decisions upholding statutes from which Story dissented, the latter wrote to Judge McLean: "There will not, I fear, ever in our day, be any case in which a law of a State or of Congress will be declared …
Federal Practice - Decision Of Questions Preliminary To The Convening Of A Three-Judge Court
Federal Practice - Decision Of Questions Preliminary To The Convening Of A Three-Judge Court
Michigan Law Review
Before the district judge can convene a three-judge court, two preliminary questions must be decided. First, is the case within the jurisdiction of the federal courts? Second, is the case one to which the three-judge statute applies?
The Contribution Of Thomas M. Cooley To Bryce's "American Commonwealth", Everett S. Brown
The Contribution Of Thomas M. Cooley To Bryce's "American Commonwealth", Everett S. Brown
Michigan Law Review
In the preface to The American Commonwealth, James Bryce acknowledged his indebtedness to numerous friends who, in one way or other, aided him in the writing of his book. First on this list is the name of Thomas M. Cooley. An examination of the text and footnotes of The American Commonwealth shows that Bryce was well acquainted with Cooley's published works, especially his Constitutional Limitations and his General Principles of Constitutional Law, which he quoted frequently with approval and respect. Also one finds six references to letters from Judge Cooley or to observations made directly by him to Bryce. But …
Review: Stephen J. Field: Craftsman Of Tbe Law., Everett S. Brown
Review: Stephen J. Field: Craftsman Of Tbe Law., Everett S. Brown
Michigan Law Review
A Review of: STEPHEN J. FIELD: CRAFTSMAN OF TBE LAW
Tenure Of Office Under The Constitution, Everett S. Brown
Tenure Of Office Under The Constitution, Everett S. Brown
Michigan Law Review
A review of TENURE OF OFFICE UNDER THE CONSTITUTION By James Hart.