Jurisprudence Commons^™

The Opinions Of Hughes And Sutherland And The Rights Of The Individual, R. Perry Sentell, Jr.

Vanderbilt Law Review

A pair of tasks are undertaken by Mr. Sentell in this article: First, he analyzes and compares the opinions of Justices Sutherland and Hughes on the substantive and procedural rights of individuals, and cites both contemporary and present day comment on these opinions. Second, he probes the more difficult problem concerning the probability of judges of highly dissimilar philosophies and backgrounds reaching consistent agreement in particular areas of the law.

Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey

Michigan Law Review

A Review of The Judicial Decision- Toward A Theory of Legal Justification By Richard A. Wasserstrom.

Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider

Michigan Law Review

A Review of The Common Law Tradition- Deciding Appeals. By Karl N. Llewellyn.

The Rule Of Law And The Judicial Process, Luke K. Cooperrider

Michigan Law Review

An anecdote which I believe I recall from one of Professor Brogan's ·writings concerns a conversation between the archbishop and the chief justice about the relative importance of their respective powers. After the conversation had continued for some time the archbishop sought to administer the coup de grâce. "I have the advantage of you, your lordship, because you see, in the long run, the most you can say to a man is, 'You shall be hanged!' whereas it is within the functions of my office to say, 'You shall be damned!' " To this, after a moment of thought, …

The Judicial Process, Lee E. Skeel

Cleveland State Law Review

The judicial process is that technique by which coherent direction of thought on the basic principles of social rights and duties is made available for judicial officers. It is the duty of such officers diligently to seek out the rules which must be used as the bases of judgment. The sources from which they must seek help are as wide and varied as the sum total of past and present human experience.

Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.

Michigan Law Review

During its forty-five year life the Federal Trade Commission has gone through some difficult periods to emerge today as one of the fundamental instrumentalities of government in the regulation of business. Its vast powers and influence, well known to lawyers, will not be explored here. Rather, the purpose of this comment is to appraise the extent of control which the judiciary now exercises over the commission in its adjudicative functions, so as to offer some indication to the practitioner of the probabilities regarding the outcome of judicial review on an appeal beyond the full commission. The approach to be used …

Federal Procedure - Judgments - Finality Of Judgment Required To Begin Running Of Time For Appeal, Arnold Henson S.Ed.

Michigan Law Review

Plaintiff brought action in a federal district court to recover taxes alleged to have been illegally assessed, and for interest thereon. On April 14, 1955, after hearing plaintiff's motion for summary judgment, the district judge filed an opinion stating that the motion was granted, and finding the amount of the taxes paid, but not finding the date of payment or the amount of interest due. The clerk noted: "April 14, 1955 ... Decision rendered on motion for summary judgment. Motion granted. See opinion on file." On May 24, 1955, plaintiff submitted a formal judgment which was signed and filed by …

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

Michigan Law Review

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

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 …

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 …

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 …

Minimum Standards Of Judicial Administration, By Arthur T. Vanderbilt, Louden L. Bomberger

Indiana Law Journal

No abstract provided.

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 …

Judgment Non Obstante Veredicto, Leo Carlin

West Virginia Law Review

No abstract provided.

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 …

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 …

Some New Ideas About Law, Zechariah Chafee Jr.

Indiana Law Journal

Address by Zechariah Chafee, Jr., Professor of Law at Harvard Law School, delivered before the Indiana State Bar Association at Lake Wawasee, Indiana, July 10, 1936.

Public Utilities I. The Quest For A Concept, Thomas P. Hardman

West Virginia Law Review

No abstract provided.

A Judge Takes The Stand, By Joseph N. Ulman, Bernard C. Gavit

Indiana Law Journal

No abstract provided.

Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman

Michigan Law Review

For those who love precision and definiteness the question of the application of the Fourteenth Amendment to social and economic problems remains an irritating enigma. The judicial construction of due process of law and the equal protection of the law has from the first discouraged systematic analysis and defied synthesis. More than one writer has emerged from the study of the problem with a neat and compact set of fundamental principles, only to have the Supreme Court discourteously ignore them in its next case. But paradoxical as it may seem, those who long for a wise and forward-looking solution of …

Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson

Michigan Law Review

What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …

Doctrine Of Stare Decisis, Edward B. Whitney

Michigan Law Review

I am requested to present a paper whose theme is suggested by the Present Problems of Private Law, as distinguished from law that has a constitutional or international aspect. I doubt whether there is any other section of the Congress whose themes are so difficult to select. We cover, indeed, those branches that mainly concern the ordinary, plain, steady-going, stay-at-home, law-abiding citizen,-that multitude of questions among which most legal practitioners everywhere are wearing out their lives; working every day and all day upon Present Problems of Private Law. Each of those problems interests the parties to the particular litigation or …

Journal Of David Mcdonald, David Mcdonald

Historic Documents

Handwritten journal of David McDonald who is recognized as the first Professor of Law at Indiana University. The journal is undated but contains a transcribed article from the Cincinnati Gazette dated April 17, 1865.

McDonald was born in Millersburg, Kentucky and moved to Indiana when he was 14, in 1817. He eventually became a school teacher in Washington, before meeting a local lawyer who encouraged him to study law. He was licensed to practice in the Circuit Courts in 1830. He served as a member of the Indiana Legislature (1833-34) as well as being elected judge of the 10th Circuit …