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University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.

Foreward, William T. Muse

University of Richmond Law Review

This first issue of the University of Richmond Law Notes inaugurates a service by the Faculty of the Law School which we hope will be of some value to the lawyers of Virginia. If the bar thinks the undertaking worth- while it will become a permanent publication,-perhaps enlarged in scope and volume.

Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich

Michigan Law Review

Plaintiff instituted this action for breach of contract and defendant counterclaimed. Neither party demanded a jury trial during the period in which it was claimable as of right. Subsequently defendant moved for a jury trial. The motion was denied and was never renewed. Seven months later, on the eve of the trial, the court issued an order sua sponte for a jury trial. Plaintiff's objection was overruled. The jury awarded damages to plaintiff in the same amount as the conceded counterclaim. On appeal, held, affirmed, one judge dissenting. Although the trial judge's action in calling a jury on his …

Fund At Iu Will Honor Former Law Dean Banta

David Banta (1889-1896)

Newspaper article (unknown newspaper) describing the establishment of the David D. Banta Award. The Scholarship was a gift from Banta's grandson, George Banta Jr.

Vanderbilt: Judges And Jurors: Their Functions, Qualifications And Selection, Maynard E. Pirsig

Michigan Law Review

A Review of Judges and Jurors: Their Functions, Qualifications and Selection. By Arthur T. Vanderbilt.

Iu Law Alumnus Remembers Driving Cows Across Campus

David Banta (1889-1896)

A newspaper article detailing Luther M. Grimes' recollections of David Demaree Banta.

Press Release: October 22, 1957, Lectures And Honorary Degrees To Precede New Law Building Dedication, Indiana University News Bureau

Law School Building

BLOOMINGTON, Ind. -- Lectures on three phases of law -- practice, judicial interpretation, and teaching -- will provide a two-day program preceding the dedication Nov. 2 of the new law school building at Indiana University.

Addison C. Harris Lectures, a series provided from the estate of the late Indianapolis attorney, have been scheduled by the School of Law for the afternoon of Oct. 31 and on Nov. 1.

The University, it was announced Monday by Dean Leon H. Wallace, will confer honorary doctor of laws degrees at the convocation on Chief Justice Warren, Herman C. Krannert, board chairman of Inland …

Justice Oliver Wendell Holmes: The Shaping Years, 1840-1870, By Mark Dewolfe Howe, W. Howard Mann

Indiana Law Journal

No abstract provided.

The Appellate Judges Seminar At New York University, Robert A. Leflar

Journal of Legal Education

No abstract provided.

Samuel F. Miller, Justice Of The Supreme Court, 1862-1890, Charles Fairman

Vanderbilt Law Review

It was in the summer, about 1880. Miller, on the rounds of his circuit, had come to Omaha, where, in chambers, he was to hear counsel argue a mining case from Colorado. In the hall of the post office building, Miller saw Roscoe Pound (aetat circa 101 and already known to the Judge), and greeted him with the inquiry: "Well, sonny, how would you like to come with me while I hear a case?" Gladly the lad went along, and seated himself on the floor, Turkish-fashion, under the Judge's desk. The controversy concerned what was then a new and highly …

Recent Judicial Biographies: A Composite Review, Otis P. Dobie

Vanderbilt Law Review

The great Chief Justice of our time has been considerably recalled in the period under review. Pusey,' in a lengthy readable treatment that does not emphasize the legal, views Hughes as a liberal of circa 1910 who was uncomfortable but acquiescent amid the 1930's progressions. Interesting tidbits include a moving account of Hughes' mission to Holmes to request his resignation; bar letters to White complaining of the vagueness of Holmes' opinions; the friendship of Hughes with White and Harlan; Hughes' concern over the tendency of the New Deal brethren to expansively construe statutes and approve state taxes on interstate commerce …

Book Review, Marcella Matejka

Cleveland State Law Review

Reviewing Alpheus Thomas Mason, Harlan Fiske Stone: Pillar of the Law, The Viking Press, 1956

Jerome Frank's Ideas On The Relation Of Legal Education To The Judicial Process, Julius Paul

Journal of Legal Education

No abstract provided.

Judge Learned Hand And The Limits Of Judicial Discretion, Robert S. Lancaster

Vanderbilt Law Review

Learned Hand stands among the great judges of the Anglo-American legal tradition. He is preeminently the judge's judge. His long judicial career, spanning one of the crucial periods in the development of American law, and his long service on the bench in a circuit where crucial legal issues come into final focus and where a major part of the commercial law of the nation is first enunciated and explained, peculiarly fit him for the task of explaining the judge's function in the American system of law and the court's role in our jural order. His own legal experience, his non-official …

Vanderbilt: The Challenge Of Law Reform, Glenn R. Winters

Michigan Law Review

A Review of The Challenge of Law Reform. By Arthur T. Vanderbilt.

Legal History-Joseph Story's Anonymous Law Article, John C. Hogan

Michigan Law Review

The first edition of the Encyclopedia Americana (1829-1833) contains numerous articles on a wide variety of legal subjects, including such topics as Common Law, Jury, Equity, etc. The identity of the author of these articles is not disclosed. There is an occasional footnote, however, which declares: "this article prepared by an eminent American jurist." This suggested the possibility of a lively and interesting manhunt--a search for the "eminent American jurist" who agreed to submit articles on law for the Encyclopedia, but who preferred to remain anonymous.

Criminal Law - Trial - Duty Of Judge To Instruct On Lesser And Included Crimes, Paul A. Heinen S.Ed.

Michigan Law Review

Appellant was one of four defendants who were charged in three separate counts of an indictment with the crimes of attempted robbery in the first degree, attempted grand larceny in the first degree, and assault in the second degree with intent to commit robbery and grand larceny. After all the evidence had been entered, the trial judge submitted only the count of attempted robbery to the jury, instructing them that they return a verdict of guilty or not guilty of that crime. The defense excepted to the court's refusal to submit the other counts charged in the indictment. The defendant …

Instructions To Jury And The Proposed Rule, J. H. Brennan

West Virginia Law Review

No abstract provided.

Judicial Administration In Maryland - The Administrative Office Of The Courts, Robert G. Dixon Jr.

Maryland Law Review

No abstract provided.

Political Questions: The Judicial Check On The Executive, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.

Judge And The Crime Burden, John Barker Waite

Michigan Law Review

One does not happily charge the judiciary with responsibility for the country's burden of crime, but the responsibility does in fact exist. Judges, though they may not encourage crime, interfere with its prevention in various ways. They deliberately restrict police efficiency in the discovery of criminals. They exempt from punishment many criminals who are discovered and whose guilt is evident. More seriously still, they so warp and alter the public's attitude toward crime and criminals as gravely to weaken the country's most effective crime preventive.

Criminal Procedure - Standing Of The Press To Protest Judge's Exclusion Of The Public From Criminal Trial, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

Plaintiff newspapers sent reporters to the trial of Minot Jelke. Defendant judge, exercising his discretion, excluded them as well as the general public from the courtroom when testimony dealing with the sordid details of prostitution and pandering was expected. The family and friends of the accused, along with the officers of the court, witnesses and jury were not excluded. Plaintiffs applied to the Supreme Court, Special Term, of New York County for a writ of prohibition to restrain the defendant from enforcing his order. The application for the writ was based on a statute guaranteeing the accused in a criminal …

Judge Medina Speaks. Harold R. Medina. Ed. By Maxine Boord Virtue., Lois L. Crissey

Buffalo Law Review

No abstract provided.

Justice Murphy And The Welfare Question, Leo Weiss

Michigan Law Review

In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …

Justice Jackson And The Judicial Function, Paul A. Weidner

Michigan Law Review

Much of the pattern of division in the present Supreme Court is traceable to basic differences of opinion regarding the proper role of a judge in the process of constitutional adjudication. Some students of the Court, yielding to the current fashion of reducing even intricate problems to capsule terms, have tried to explain the controversy by classifying the justices as either "liberals" or "conservatives." A second school poses the disagreement largely in terms of judicial "activism" as opposed to judicial "restraint." It is this view that has the greater relevance for the present discussion. C.H. Pritchett, one of the leading …

Should Canon 35 Of The Code Of Judicial Ethics Be Revised?, George H. Boldt

Washington Law Review

An address delivered at the American Bar Association regional meeting in Portland, Oregon, May 26, 1954; and before the Judicial Administration Section of the American Bar Association at Chicago, August 16, 1954.

Federal Right Jurisdiction And The Declaratory Remedy, Herman L. Trautman

Vanderbilt Law Review

Why should we have federal district courts? What should be their primary function? These questions are fundamental to the formulation of a rational basis for the distribution of judicial power between state courts and the trial courts of the federal government.

Our American federal system seeks as a constant objective an appropriate division of governmental power between a national unit, which deals with problems requiring uniform treatment, and state units, which have responsibility for problems depending more upon local conditions. Applying the principle to the federal district courts, it seems clear that their primary function should be to adjudicate federal …

Legislative Developments In The Field Of Judicial Administration, Amos H. Eblen

Kentucky Law Journal

No abstract provided.

Vinson In Congress, William W. Oliver

Articles by Maurer Faculty

No abstract provided.

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 …