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Articles 9001 - 9030 of 9170

Full-Text Articles in Jurisprudence

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 …


Unreported Opinions Of The Supreme Court Of Michigan, 1836-1843, William W. Blume Jan 1945

Unreported Opinions Of The Supreme Court Of Michigan, 1836-1843, William W. Blume

Michigan Legal Studies Series

In July 1836 final jurisdiction of non-federal litigation passed from the Michigan Territorial Supreme Court to the Supreme Court of the State of Michigan. Then, substantially as now, the Constitution provided: "The judicial power shall be vested in one supreme court, and such other courts as the legislature may from time to time establish." Mich. Const. 1835, Art. VI, §1. Those who are interested in the judicial history of Michigan prior to 1836 are fortunate in having access to much of such history contained in the six volumes entitled "Transactions of the Supreme Court of Michigan," edited by Professor William …


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 …


Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws, Evsey S. Rashba Apr 1943

Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws, Evsey S. Rashba

Michigan Law Review

The general movement towards national economic planning and away from the freedom of the liberal age has brought about unprecedented state interference with international trade. These interferences have vastly increased during the past twenty-five years and have grown at a rapid pace during the last decade.


The Jurisprudence Of Thomas Jefferson, L. K. Caldwell Apr 1943

The Jurisprudence Of Thomas Jefferson, L. K. Caldwell

Indiana Law Journal

No abstract provided.


What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers Feb 1943

What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers

Michigan Law Review

No administrative body in recent times has received as much criticism, both favorable and unfavorable, as has the National Labor Relations Board in its administration of the National Labor Relations Act. Such a vast amount of material has been written on the procedure before the board that any further discussion would seem superfluous. However, the discussion of the board's procedure has been related more to the wisdom of choice which the board has made in setting up its procedure than to a determination of the line that separates legality from illegality in its determination of cases.


American Philosophy Of Law, Clarence Emmett Manion Jan 1943

American Philosophy Of Law, Clarence Emmett Manion

Journal Articles

America’s philosophy of law is a rich heritage sculpted by the American Revolution. The bold aspirations of the Declaration of Independence, which advances notions of inalienable, God-given rights find more mild-mannered forms in our Constitution. However, this prevailing concept is what makes our legal and political environment distinct from our English forebears.


Book Review. Pound, Roscoe, Outlines Of Lectures On Jurisprudence, Jerome Hall Jan 1943

Book Review. Pound, Roscoe, Outlines Of Lectures On Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Justice Of Our Cause, George Richardson Jr. Dec 1942

The Justice Of Our Cause, George Richardson Jr.

West Virginia Law Review

No abstract provided.


Comments On The Report Of The Committee On Jurisprudence And Law Reform, L. L. Bomberger Jun 1942

Comments On The Report Of The Committee On Jurisprudence And Law Reform, L. L. Bomberger

Indiana Law Journal

No abstract provided.


Torts In The Conflict Of Laws, Moffatt Hancock Jan 1942

Torts In The Conflict Of Laws, Moffatt Hancock

Michigan Legal Studies Series

There has been in recent years a marked development of interest in the diversities of laws and their attendant conflicts. While modern facilities of communication accelerate the spread of culture and thus augment the need of uniformity in the laws affecting commerce, they also reveal the significance of local needs, customs, and legal institutions. Indeed, it would seem that multiplication of jurisdictions and progressive diversification of laws in both space and subject matter is an unavoidable concomitant of increasing specialization in the international, interstate, or local economy. If these circumstances serve to justify the perennial effort to simplify the law, …


Criminal Law And Procedure - Charging One Theft As Several Larcenies, A Series Of Thefts As A Single Larceny, Michigan Law Review Jan 1942

Criminal Law And Procedure - Charging One Theft As Several Larcenies, A Series Of Thefts As A Single Larceny, Michigan Law Review

Michigan Law Review

The gist of the crime of larceny both at common law and under statutes is a fraudulent taking of the personal property of another with an intent to appropriate it. One taking coupled with the necessary intent normally constitutes a single offense of larceny, and normally the courts limit their inquiry to whether there is such taking and intent; if the finding is in the affirmative the crime of larceny is established. Yet the courts tend to go beyond these limits of inquiry where the problem arises whether a single offense or several distinct offenses have been committed. Two types …


Religion And American Law, Clarence Emmett Manion Jan 1942

Religion And American Law, Clarence Emmett Manion

Journal Articles

This article discusses the relationship of law and religion in American culture. It constructs a theory of "American Faith", a theory that underlies all of American jurisprudence. This theory includes the propositions that there is a God, that all men are equal in God's sight even if not in front of mortal men, and that the American Revolution was a "revolution of believers." It concludes that religious liberty is our one and only true freedom and by holding onto it we can support human rights and freedom.


Our Changing Common Law, Ole E. Wyckoff Dec 1941

Our Changing Common Law, Ole E. Wyckoff

West Virginia Law Review

No abstract provided.


"My Philosophy Of Law"-A Synthesis, Charles V. Laughlin Sep 1941

"My Philosophy Of Law"-A Synthesis, Charles V. Laughlin

Washington and Lee Law Review

No abstract provided.


Jurisprudence On Parade, Hessel E. Yntema May 1941

Jurisprudence On Parade, Hessel E. Yntema

Michigan Law Review

Jurisprudence is part of the pageant that makes history. This is a truism that, it may be added, obtains irrespective of the view held as to the significance of general legal theory. To some, the constructs of jurisprudence may seem but laggard symbols of more vital facts and trends. The degree of the lag exhibited by the more celebrated of such constructs may suggest to an anthropologically-minded observer, such as Thurman Arnold, that the apparent function of jurisprudence in the present social climate is neither to represent reality nor to control the administration of justice, but rather by the magic …


Sales Taxes, Interstate Trade Barriers, And Congress: The Gulf Oil Case, M. R. Schlesinger Mar 1941

Sales Taxes, Interstate Trade Barriers, And Congress: The Gulf Oil Case, M. R. Schlesinger

Michigan Law Review

The capacity of the federal government to deal with the increasingly irritating problem of interstate trade barriers is an important question high-lighted by the recent Supreme Court decision in McGoldrick v. Gulf Oil Corp. The Court there decided that in view of the superior federal authority over foreign commerce Congress could validly prohibit an otherwise legal city sales tax on imported petroleum manufactured into fuel oil and sold for use on foreign-bound ships.


Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes Jan 1941

Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes

Michigan Law Review

It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.


Book Review. Radin, M., Law As Logic And Experience, Jerome Hall Jan 1941

Book Review. Radin, M., Law As Logic And Experience, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall Jan 1941

Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


What Is Law, Roscoe Pound Dec 1940

What Is Law, Roscoe Pound

West Virginia Law Review

No abstract provided.


Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr. Dec 1940

Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.

Michigan Law Review

The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …


The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar Nov 1940

The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar

Michigan Law Review

That every judicial judgment, whatever its character, consists of premises and conclusion is a fact sufficiently obvious. In our system, especially, expression of the premises must very often be sought outside the actual judgment-order and collected from other parts of the judicial record or even from evidence aliunde of what took place at the hearing. But the legal nature of the relation between premises and conclusion is independent of the particular structure of the record and the mode of ascertaining what those premises were. Given satisfaction of the requirements of the law with respect to identity of parties, it is …


Service Of Process On Foreign Corporations Not Admitted To Do Business In The State Aug 1940

Service Of Process On Foreign Corporations Not Admitted To Do Business In The State

Indiana Law Journal

Legislative Comment


Construction Of Statutes--"Ejusdem Generis", R. Vincent Goodlett Jan 1940

Construction Of Statutes--"Ejusdem Generis", R. Vincent Goodlett

Kentucky Law Journal

No abstract provided.


Ideas And The Law, Albert J. Harno Jan 1940

Ideas And The Law, Albert J. Harno

Kentucky Law Journal

No abstract provided.


Book Review. Scott, J. B., Law, The State And The International Community, Jerome Hall Jan 1940

Book Review. Scott, J. B., Law, The State And The International Community, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


A Lawyer Looks At Liberty, Clarence Emmett Manion Jan 1940

A Lawyer Looks At Liberty, Clarence Emmett Manion

Journal Articles

The Law has been defined as "The Perfection of Human Reason." This, of course, is a highly idealized definition. The Law often falls short of perfect reasonableness. Nevertheless reason and logic constitute the warp and woof of the whole fabric of our jurisprudence. In the strict determination and application of the Law, emotion-the natural enemy of reason-plays not part at all. In the courtroom, oratorical pyrotechnics are seldom permitted to obscure the real points that are at issue in a particular case. The trial of a lawsuit is predicated upon the pleadings and the art of formal pleading is as …


Jurisprudence, Charles P. Wilhelm Apr 1939

Jurisprudence, Charles P. Wilhelm

West Virginia Law Review

No abstract provided.


Book Review. Pound, R., The Formative Era Of American Law, Jerome Hall Jan 1939

Book Review. Pound, R., The Formative Era Of American Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.