Law and Philosophy Commons^™

Free Will In The Frontiers Of Federalism, John R. Brown

Michigan Law Review

In an assembly dedicated, as this one is, to frontiers in law and legal education in celebration of the centennial of this great Law School and forecasting what is to be expected in the next one hundred years, the idea of states' rights-of the federal-state relationship-has seemed almost ironic.

Hart & Honoré: Causation In The Law, Luke K. Cooperrider

Michigan Law Review

A Review of CAUSATION IN THE LAW. By H. L. A. Hart and A. M. Honore.

Friedrich: The Philosophy Of Law In Historical Perspective, Edgar Bodenheimer

Michigan Law Review

A Review of The Philosophy of Law in Historical Perspective. By C. J. Friedrich.

Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.

Michigan Law Review

In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions.

Judicial Review In Europe, Gottfried Dietze

Michigan Law Review

The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …

Wu: Fountain Of Justice, Thomas E. Davitt S.J.

Michigan Law Review

A Review of Fountain of Justice. By John C.H. Wu.

Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema

Michigan Law Review

Despite this risk and without limiting discussion of comparative legal research to a Platonic theory of knowledge-to which I for one would not accede-the text prompts first the inquiry, unavoidable in a constructive discussion of the matter, whether contemporary legal study in the United States is concerned with shadows in an intellectual cave-or in other words, whether it is true, as I was told years ago, partly perhaps in jest, by a late distinguished member of the Supreme Court, then Attorney General, when, encountering me on a visit to the Department of Justice, he kindly asked what I was looking …

Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop

Michigan Law Review

A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.

Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.

Michigan Law Review

A Review of Security Through Freedom. American Political Thought and Practice. By Alpheus Thomas Mason.

Corwin: The "Higher Law" Background Of American Constitutional Law, Charles M. Whelan S.J.

Michigan Law Review

A Review of The "Higher Law" Background of American Constitutional Law. By Edward S. Corwin.

Cahn: The Moral Decision, William R. Jentes S.Ed.

Michigan Law Review

A Review of The Moral Decision. By Edmond Cahn

Petrazycki: Law And Morality, William R. Jentes S.Ed.

Michigan Law Review

A Review of Law and Mortality. By Leon Petrazycki

Cohen: The Principles Of World Citizenship, Samuel I. Shuman

Michigan Law Review

A Review of The Principles of World Citizenship. By L. Jonathan Cohen

Howe: Holmes-Laski Letters: The Correspondence Of Mr. Justice Holmes And Harold J. Laski, 1916-1935, John C. H. Wu

Michigan Law Review

A Review of HOLMES-LASKI LETTERS: THE CORRESPONDENCE OF MR. JUSTICE HOLMES AND HAROLD J. LASKI, 1916-1935. Edited by Mark DeWolfe Howe.

Lenin, Stuchka, Reisner, Pashukanis, Stalin, Vyshinsky, Yudin, Golunskii, Strogovich, And Trainin: Soviet Legal Philosophy, S. I. Shuman

Michigan Law Review

A Review of SOVIET LEGAL PHILOSOPHY. By V. I. Lenin, P. I. Stuchka, M. A. Reisner, E. B. Pashukanis, J. V. Stalin, A.Y. Vyshinsky, P. Yudin, S. A. Golunskii, M. S. Strogovich, and I. P. Trainin. Translated by H. H. Babb. Introduction by J. N. Hazard.

Reuschlein: Jurisprudence-Its American Prophets., S. I. Shuman

Michigan Law Review

A Review of JURISPRUDENCE-ITS AMERICAN PROPHETS. A Survey of Taught Jurisprudence. By Harold Gill Reuschlein.

Custom As A Source Of English Law, E. K. Braybroolte,

Michigan Law Review

When writers on jurisprudence assert that custom is a source of law their primary meaning seems to be that in any given case a course of conduct persisted in by all or most of the members of a society engenders a rule of law enjoining the continuance of that course of conduct. This, for example, appears to be the burden of Dr. C. K. Allen's discussion of custom in his Law in the Making. He sums up the operation of custom in this sphere by saying that "the thing done" (semble, by all or most members of …

The Study Of Jurisprudence-A Letter To A Hostile Student, Samuel Mermin

Michigan Law Review

The value to the law student of a course in jurisprudence has long been a question mark-and to the teachers as well as the students. The students have not been prompted by self-interest, as the teachers have, to come up with plausible erasures of the question mark. Most students, as you did, find the course esoteric, murky and impractical. The teachers, however, many of whom are mercifully unaware of the student reaction, have found sufficient justification for the course on various grounds which I think I can briefly summarize.

Soviet Socialism And Due Process Of Law, John N. Hazard

Michigan Law Review

An eminent American legal philosopher has recently written in the pages of this Review that Soviet leaders have discovered some ancient truths-namely, that some respect must be paid, sooner or later, to the principle of legality. In the light of various memoirs and disclosures of persons who have experienced or studied life in Soviet labor camps, such a statement invites incredulity. Can it have any basis in fact? Can it be possible that there is a dualism in Soviet practice, with one set of experiences supporting the conclusion that there is a trend toward legality and another set of experiences …

Faces On The Court House Steps, A. F. Neumann

Michigan Law Review

Judge Frank may one day write a book which it will be possible to take or leave, but I doubt it. Few writers, with his ability and insight in the field of administration of justice, I suppose, succeed in evoking in their readers the spirited reactions that his writings produce. This is the highest praise that any reader can bestow-even though his reaction be a spirited disagreement.

In his most recent book, Courts on Trial, he has attempted to· destroy what he calls "myths" in legal thinking describing the fact-finding process just as he did for the rule determination …

Cahn: The Sense Of Injustice, Michigan Law Review

Michigan Law Review

A Review of THE SENSE OF INJUSTICE. By Edmond N. Cahn.

Hall: Living Law Of Democratic Society, Michigan Law Review

Michigan Law Review

A Review of LIVING LAW OF DEMOCRATIC SOCIETY. By Jerome Hall.

Education For Professional Responsibility, Michigan Law Review

Michigan Law Review

A Review of EDUCATION FOR PROFESSIONAL RESPONSIBILITY. Pittsburgh: Carnegie Press.

White: The Federalists, Michigan Law Review

Michigan Law Review

A Review of THE FEDERALISTS. By Leonard D. White.

Lehman: Thomas Jefferson, American Humanist, Michigan Law Review

Michigan Law Review

A Review of THOMAS JEFFERSON, AMERICAN HUMANIST. By Karl Lehman

Quasi-Contracts-Concept Of Benefit, George A. Rinker S.Ed.

Michigan Law Review

One of the basic elements of quasi-contract, and probably the most complex, is the concept of benefit. Its origin lies in the early actions to recover for unjust enrichment, and the early characteristics, for the most part, have persisted to the present time. While "enrichment" is no longer an accurate synonym for benefit, as it once was, the qualitative "unjust" still retains its vigor. Thus, "unjustified benefit" is a more accurate name for the concept. As used in quasi-contract and related fields of law, the concept is composed of several factors, no one of which can be considered as invariable. …

Rutledge: A Declaration Of Legal Faith, Merrill N. Johnson S.Ed.

Michigan Law Review

A Review of A DECLARATION OF LEGAL FAITH. By Wiley Rutledge.

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.

The Subjects Of A Modern Law Of Nations, Philip C. Jessup

Michigan Law Review

International law is generally defined or described as law applicable to relations between states. States are said to be the subjects of international law and individuals only its "objects." Treatises on international law accordingly usually proceed at the very outset to examine the nature and essential characteristics of the fictitious jural person known as the state.

Just War-A Legal Concept?, Arthur Nussbaum

Michigan Law Review

During the century preceding the First World War the topic of "just war," frequently and intensely treated in earlier periods, had almost disappeared from the writings on international relations. Since the end of the war, however, the issue has been revived by writers within and without the legal profession. The present article purports, principally by an inquiry into its historical background, to determine its legal relevance.