Jurisprudence Commons^™

Irregularities Of Testamentary Expression, Alvin E. Evans

Kentucky Law Journal

No abstract provided.

A Government Of Laws Or A Government By Men, O R. Mcguire

Indiana Law Journal

Address delivered February 5, 1938, in Indianapolis before the Indiana State Bar Association, by 0. R. McGuire, of Washington, D. C., counsel of the comptroller general of the United States, and Chairman of the Special Committee on Administrative Law of the American Bar Association.

NOTE: Cover is mislabeled v.13 no.4 April 1938

Actions - Stay Of Proceedings To Await Result In "Test Case" Involving Similar Issues, Jack L. White

Michigan Law Review

Suits were instituted by respondents, non-registered holding companies, in the District Court for the District of Columbia to enjoin the enforcement against them of the Public Utility Holding Company Act of 1935 on the ground that it was unconstitutional. On the same day that the first of these bills was filed, the Securities and Exchange Commission began suit in a federal district court in New York to compel the Electric Bond & Share Company and others, members of another utility system, to register as required by the act. A cross-bill in that action contested the validity of the act and …

The "Last Clear Chance" Doctrine In The Federal Courts, Nedra Evans

Michigan Law Review

In analyzing the doctrine of "last clear chance," a qualification of the co.μtributory negligence rule, several questions must be considered. Perhaps the most important one is, (1) Does the court apply the doctrine of discovered peril or is it enough that defendant should have known, by the exercise of reasonable care, plaintiff's peril? (2) Is the doctrine of "last clear chance" confined to cases where the negligence of plaintiff has spent itself? (3) If the doctrine of undiscovered peril is followed for a licensee, will the court still apply the rule of discovered peril if plaintiff is a trespasser? (4) …

Reviewing Judicial Review, Clarence E. Manion

Indiana Law Journal

Address of Clarence E. Manion, Professor of Law at Notre Dame University School of Law, delivered at the mid-winter meeting of the Indiana State Bar Association January 16, 1937.

Two Preambles: A Distinction Between Form And Substance, Clarence Emmett Manion

Journal Articles

The drill of research generally goes down just far enough to reach the oil of a controlling precedent and not an inch beyond. It is difficult to convince the average American lawyer that the perspective of his profession has changed since his school days, that it is still changing, and that the shift will soon take the direction of a revolution unless we immediately and deliberately re-anchor ourselves to the good earth of fixed first principles. With natural rights and judicial review subtracted from our American system, foreign news accounts of "Mercy Deaths," "Blood Purges," "Forced Labor," "Property Confiscation," "Aryan …

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.

How Far Are We Attaining A New Measure Of Values In Twentieth-Century Juristic Thought, Roscoe Pound

West Virginia Law Review

No abstract provided.

Is Insolvency Alone Sufficient To Give Equity Jurisdiction?, Kennith A. Howe

Kentucky Law Journal

No abstract provided.

The Origin Of The Doctrine Of Equitable Conversion By Contract, John L. Davis

Kentucky Law Journal

No abstract provided.

Some Changing Patterns In The Legal Order, F. R. Aumann

Kentucky Law Journal

No abstract provided.

The Varying Meaning And Legal Effect Of The Word "Void", Abraham J. Levin

Michigan Law Review

To interpret properly what has been said or written necessitates our going beyond the dictionary into the sphere of action and reality. In its narrowest sense the, meaning of a word is the single effect which is given to it in the specific case. Insofar as nature repeats itself are we able to build up concepts and symbols which function in substantially the same way in different cases. But the mind must always be ready to discard an accepted definition of a word symbol for the particular legal effect which the circumstances demand. The same word or symbol with the …

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

West Virginia Law Review

No abstract provided.

Judicial Council Bill Becomes Law

West Virginia Law Review

No abstract provided.

The American Doctrine Of Judicial Supremacy, Charles G. Baker

West Virginia Law Review

No abstract provided.

The Theory Of The Case, Bernard C. Gavit

Indiana Law Journal

No abstract provided.

Law As A Science, George W. Goble

Indiana Law Journal

Reprinted from The Scientific Monthly, with the permission of that periodical.

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

Indiana Law Journal

No abstract provided.

Res Judicata -Privies-What Might Have Been Adjudicated Was Adjudicated

Indiana Law Journal

No abstract provided.

Legislative Regulations, A Study Of The Ways And Means Of Written Law, George A. Shipman

West Virginia Law Review

No abstract provided.

The Menace Of Jarndyce And Jarndyce, J. H. Brennan

West Virginia Law Review

No abstract provided.

Judicial Law Making And Stare Decisis, F. R. Aumann

Kentucky 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.

The Meaning Of "Heirs" In Willsa Suggestion In Legal Method, Lewis M. Simes, Lorentz B. Knouff, George E. Leonard Jr.:

Michigan Law Review

A major task of the lawyer is the prediction of judicial action. No less than a quarter of a century ago Justice Holmes referred to the law as a body of "systematized prediction." Today legal scholars are not content to base their predictions solely upon the body of rules announced in judicial opinions. By means of elaborate fact studies they have sought to ascertain how rules of law actually function in society. Not only have these studies dealt with problems of procedure and the administration of courts, they have also invaded the fields of commercial and property law. Among such …

Constitutional Law-Stare Decisis

Michigan Law Review

The defendant corporation, a lessee of school lands from the state of Oklahoma, protested the right of the Commissioner of Internal Revenue to tax its net income. Held, under the rule of Gillespie v. Oklahoma, the income cannot be taxed without interfering with a state instrumentality. Four dissenting justices-Stone, Brandeis, Roberts, and Cardozo--admitted the applicability but denied the wisdom of the Gillespie case and the inability of the court to overrule itself, in Burnet v. Coronado Oil and Gas Co.

A Legal Gospel For An Industrial Age, Anan Raymond

Indiana Law Journal

An address delivered before the Indiana State Bar Association at Lafayette, Indiana, July 9, 1931.

Progress Of The Law In The U. S. Supreme Court, 1930-31, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis

Indiana Law Journal

No abstract provided.

State Wide Studies In The Administration Of Justice, Walter Wheeler Cook

Indiana Law Journal

An address delivered before the Indiana State Bar Association at Lafayette, Indiana, July 10, 1931.

Foreign Judgments-Defense Of Fraud

Indiana Law Journal

No abstract provided.

Judge And Jury, Leo Carlin

West Virginia Law Review

No abstract provided.