Law and Politics Commons^™

Two Aspects Of Law And Liberalism In The United States, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

The Reform Of Civil Procedure, Edson R. Sunderland

Articles

Professor Sunderland addresses the pernicious involvement of legislators in legal reform, contrary to the English model. This duty should be left to those who know the Law better than any: "The courts constitute the judicial department of the state, and the judges who preside and the lawyers who practice in them are the selected group of trained men charged with the responsibility for administering the law."

A Guide To Diplomatic Practice, Edwin D. Dickinson

Reviews

"Sir Ernest Satow's Guide to Diplomatic Practice was first published in 1917. It was the first systematic treatise on the practice and procedure of diplomacy to be printed in the English language, covering a field already occupied in other languages....

"...[T]he author compiles a wealth of data accumulated in research and long experience in what may perhaps be described as the professional diplomatist's book of forms and precedents... It is chiefly a digest of diplomatic data intended to afford practical guidance in the routine of diplomatic organization, precedence and ceremonial, procedure, immunities, international congresses and conferences, the making of treaties …

Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson

Articles

Professor Dickinson tackles the subject of non-recognition of governments or states in English and American law: "Pour conclure, voici les propositions de l'auteur. La reconnaissance d'un Gouvernement or Etat etranger est exclusivement une question politique. L'existence d'un Gouvernement ou Etat etranger est exclusivement une question de fait.... C'est une chose deja grave que de voir d'une menace dans les conflits diplomatiques..."

Judges In The British Cabinet And The Struggle Which Led To Their Exclusion After 1806, Arthur Lyon Cross

Michigan Law Review

Among the anomalies in the queer and devious course of Eng- £ lish constitutional progress few have been more striking than the number of reforms which have been due to the Conservatives.. One of no little significance was brought about during that period of political stagnation-the era of the French Revolution and the Napoleonic Wars. This was the exclusion of judges from the Cabinet, as the result of a political struggle in which the forces of opposition, though temporarily defeated, formulated a policy which was destined henceforth to prevail.

The Constitution And Nationalism, Henry M. Bates

Articles

Dean Bates comments on the alarming trend of nationalism in America: "Blind indeed must he be who supposes that our legal and political institutions can escape profound modification by those great changes in commercial, industrial, political and social conditions which, in part, were caused by the world war, but were greatly intensified by it.... No intelligent person, who has any knowledge of history and of the protection which local government has always given to human freedom, can fail to feel a deep and at times shuddering sense of apprehension at the rapidity with which we are massing our governmental power …

Political Crimes Defined, Theodore Schroeder

Michigan Law Review

Continental Europe is in the midst of revolutions. The immediate antecedents are such as to suggest the probable accompaniment of more widespread and perhaps even more intense passions of various sort, than have ever before been brought into being with a revolution. This in turn suggests the likelihood that there will follow more political plots and counter-revolutions than is usual in such cases. From such causes it is highly probable that the juridical meaning of the statutory words "an offense of a political character" will be a matter of frequent controversy, as successive crops of exiles claim the right of …

La Reforma Constitucional Y El Sistema Parlamentario, Miguel Alonso Pujol

Cuban Law

Los problemas de la República de Cuba - El sistema parlamentario como solución: ensayo de sociología política - La nacionalidad cubana - El sistema de gobierno - El sistema apropiado - La labor parlamentarista - El proyecto de reforma constitucional y de establecimiento del sistema parlamentario del Dr. Ricardo Dolz - Un posible proyecto de reforma constitucional y establecimiento del sistema parlamentario, con leyes concordantes - La nacionalidad actual y su porvenir.

Direct Primary Legislation In Michigan, Arthur C. Millspaugh

Michigan Law Review

The first local direct nomination law in Michigan was passed ir 1901; the first general law in 1905. The public opinion, however, which looked to the abolition of the convention system of nomination, rather than to its legal regulation, had its inception as early as 1894. The unusually objectionable primaries of that year led to a pronounced but unorganized agitation for reform, in the course of which a few of the most radical proposed to abolish absolutely all conventions.1 The legislature of 1895 contented itself, however, with attempting the regulation of primaries and conventions, leaving most of the nominating machinery …

A Proposal To Make The Political Party Answerable To The People For Legislation And Administration, Lyman Chalkley

Kentucky Law Journal

No abstract provided.

Legislating The Incumbent Out Of Office, W. Gordon Stoner

Articles

Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament.1 Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here.2 In a few cases,3 and particularly in the decisions of the courts of North Carolina,4 offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …

The Recall And The Political Responsibility Of Judges, W. F. Dodd

Michigan Law Review

The movement for the recall of State officers is one which has became important only within the past three or four years. The first application of the recall as a modem institution in the United States appears to have been in Los Angeles in 19o3, where the institution was adopted in the amendment of the charter framed by that city. From Los Angeles the recall as applicable only to municipal officers spread to other California cities, and has now been rather widely adopted in other States. The first State constitutional amendment with respect to the recall, that of California in …

An Act To Authorize The Survey And Allotment Of Lands Embraced Within The Limits Of The Fort Berthold Indian Reservation, In The State Of North Dakota, And The Sale And Disposition Of A Portion Of The Surplus Lands After Allotment, And Making Appropriation And Provision To Carry The Same Into Effect, United States Congress

US Government Documents Related to Indigenous Nations

This Act, dated June 1, 1910, also known as United States (US) Public law 61-197, authorizes and directs the US Secretary of the Interior to cause to be surveyed, and to sell and dispose of all the "surplus" unallotted and unreserved lands within the portion of the Forth Berthold Indian Reservation in North Dakota lying east and north of the Missouri River.

Numerous provisions included in the Act cover such topics as the reserving of lands on which coal or other minerals have been discovered, the allowing of tribal members to relinquish allotments in the area described and select allotments …

An Act To Authorize The Survey And Allotment Of Lands Embraced Within The Limits Of The Fort Berthold Indian Reservation, In The State Of North Dakota, And The Sale And Disposition Of A Portion Of The Surplus Lands After Allotment, And Making Appropriations And Provisions To Carry The Same Into Effect, United States Congress

US Government Documents Related to Indigenous Nations

This United States (US) public law, passed on June 1, 1910, allowed the US Secretary of the Interior to survey and sell or dispose of the “surplus” unallotted land east and north of the Missouri River on the Fort Berthold Reservation. This public law later caused confused as to whether the northeast quadrant of the Fort Berthold Reservation was still part of the reservation. The 1972 case “The City of New Town, North Dakota v. US” clarified that the northeast quadrant remains part of the reservation. The 1992 and 1994 cases “Duncan Energy v. Three Affiliated Tribes” both affirmed this …

Is A Provision For The Initiative And Referendum Inconsistent With The Constitution Of The United States?, W. A. Coutts

Michigan Law Review

We are told today that the Constitution of the United States forbids the adoption of the Initiative and the Referendum, as these involve such purely democratic principles as to be inconsistent with the republican form of government guaranteed by the fourth section of the fourth article of the Federal Constitution. The special interests that are opposed to the Initiative tell us that we must find some other cure for the evils at which it aims; that the Initiative is a purely democratic principle and, as such, it is forbidden by the fourth section of the fourth article of the Federal …

Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman

Michigan Law Review

The James McMillan Memorial Association; Liability of Hospitals for the Negligence of Their Physicians and Nurses; Intent in Embezzlement by Corporate Official; The Validity of the Initiative and Referendum; Scope of Review, on Appeal from Decision of State Board of Health, Revoking Certificate to Practice Medicine; What are the Rights of a Person Under a Promise to do That Which He was Already under Obligation to Do?;

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School; The New Schools of Healing; When the Exercise of Judicial Discretion is not Due Process of Law; Mandamus to Compel the Installation of a Telephone in a Bawdy House Denied; The Division in the Republican Party in Wisconsin; A Novel Extension of Federal Jurisdiction; The Session Laws of Porto Rico

President Hayes's Executive Order, 1880 (Kappler), Charles J. Kappler, Rutherford B. Hayes

US Government Documents Related to Indigenous Nations

This 1904 reprint of President Rutherford B. Hayes’s 1880 Executive Order was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally issued on July 13, 1880, President Hayes’s Executive Order significantly reduced the size of the Fort Berthold Reservation. Created at the behest of the Northern Pacific Railroad, this executive order resulted in a considerable loss of Mandan, Hidatsa, and Arikara homelands, hunting grounds, and sacred sites.

Executive Order Of 1870 (Kappler), Charles J. Kappler, Ulysses S. Grant, Samuel A. Wainwright, Ely S. Parker, Jacob D. Cox

US Government Documents Related to Indigenous Nations

This 1904 reprint of President Ulysses S. Grant’s 1870 Executive Order was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. In addition to Grant’s executive order setting apart a reservation for the Arikara, Gros Ventre (Hidatsa), and Mandan, this document includes Captain Wainwright’s Proposal recommending a reservation for the three tribes, E.S. Parker’s Response, and J.D. Cox’s forward to the president.

An Act To Provide For The Allotment Of Lands In Severalty To Indians On The Various Reservations (Kappler) (Kappler), Charles J. Kappler, Henry L. Dawes

US Government Documents Related to Indigenous Nations

This 1904 transcription of “An Act to Provide for the Allotment of Lands in Severalty to Indians on the Various Reservations," also knows the General Allotment Act or the Dawes Act of 1887 was printed in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally passed on February 8, 1887, this act authorized the US government to break up reservations and tribal lands, previously held in common, into individual plots. Aimed at assimilating Indigenous people into white society, this act promoted agriculture and grazing by allotting tribal members or families who registered a portion of reservation land …

An Act Granting To The Saint Paul, Minneapolis And Manitoba Railway Company The Right Of Way Through Indian Reservations In Northern Montana And Northwestern Dakota, Charles J. Kappler

US Government Documents Related to Indigenous Nations

This 1904 reprint was transcribed and published in vol. I of Charles Kappler’ Indian Affairs. Laws and Treaties. Approved on February 15, 1887, this act granted the Saint Paul, Minneapolis, and Manitoba Railway Company the right of way to build its railroad through the Fort Berthold and Blackfeet Indian Reservations.

Treaty Of Fort Laramie With Sioux, Etc., 1851 (Kappler), Charles J. Kappler, David D. Mitchell, Thomas Fitzpatrick

US Government Documents Related to Indigenous Nations

This 1904 reprint of the Treaty of Fort Laramie with the Sioux, Etc., 1851—also known as the Horse Creek Treaty—was transcribed and published in vol. II of Charles Kappler's Indian Affairs. Laws and Treaties. Originally signed on September 17, 1851, this treaty between the US Government and representatives from the Lakota, Cheyenne, Arapahoe, Crow, Assiniboine, Mandan, Hidatsa, and Arikara Nations, recognized and defined the boundaries between the Indigenous tribes of the Northern Great Plains. Equally, it sought to establish an effective and lasting peace between the signers by agreeing to a series of concessions. In return for recognizing their …

Law Of 1891 (Kappler), Charles J. Kappler

US Government Documents Related to Indigenous Nations

This 1904 reprint of the Law of 1891 was published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Passed by Congress on March 3, 1891, this law reduced the size of the Fort Berthold Reservation and provided for individual land allotments, in which the government would hold the title for twenty-five years. In addition, this law permitted the US government to open the lands acquired to settlement under the provisions of the homestead laws.

Treaty With The Arikara Tribe (Ricara), 1825, Charles J. Kappler, Henry Atkinson, Benjamin O'Fallon

US Government Documents Related to Indigenous Nations

This 1904 reprint of Ratified Indian Treaty 133: Arikara (Ricara), titled the Treaty with the Arikara (Ricara) Tribe, 1825 was transcribed and published in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. Signed on July 18, 1825, this treaty was the first major treaty between the US Government and representatives of the Arikara Nation. Also known as the Atkinson and O'Fallon Trade and Intercourse Treaty of 1825, this document was part of a series of friendship treaties between Henry Atkinson and Benjamin O’Fallon’s Indian Peace Commission and the Indigenous Nations beyond the Mississippi River. In this treaty, …

Agreement At Fort Berthold, 1866 And Addenda., Charles J. Kappler, Newton Edmunds, Samuel R. Curtis, Orrin Guernsey, Henry W. Reed

US Government Documents Related to Indigenous Nations

This 1904 reprint of the unratified treaty with the Arikara, Mandan, and Hidatsa, was reprinted as the Agreement at Fort Berthold, 1866, in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally signed on July 27, 1866, at Fort Berthold, Dakota Territory, this treaty and its Addenda were a set of agreements between the US government and representatives of the Arikara, Mandan, and Hidatsa Nations. In this document, the Arikara, Mandan, and Hidatsa agreed to cede a portion of their land on the east bank of the Missouri River and granted a right-of-way for roads through their …

President Harrison's Executive Order, 1892 (Kappler), Charles J. Kappler, Benjamin Harrison

US Government Documents Related to Indigenous Nations

This 1904 reprint of President Benjamin Harrison’s 1892 Executive Order was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Signed on June 17, 1892, this executive order increased the size of the Fort Berthold Indian Reservation by withdrawing a portion of Township 147 from sale or settlement.

Treaty Of Fort Laramie, 1868 (Kappler), Charles J. Kappler, Nathaniel G. Taylor, William T. Sherman, William S. Harney, John B. Sanborn, Samuel F. Tappen, Christopher C. Augur, Alfred H. Terry, John B. Henderson, Andrew Johnson

US Government Documents Related to Indigenous Nations

This 1904 reprint of the Sioux Treaty of 1868, also known as the Treaty of Fort Laramie, 1868, was transcribed and published in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. This treaty, between the United States government and the Sioux and Arapaho Nations, established the Great Sioux Reservation, promised the Sioux would own the Black Hills in perpetuity, and set aside the country north of the North Platte River and east of the summits of the Big Horn Mountains as unceded Indian territory. Furthermore, the U.S. government pledged to close the Bozeman Trail forts and provide …

Proclamation 305—Fort Berthold Reservation In The State Of North Dakota, Charles J. Kappler, Benjamin Harrison

US Government Documents Related to Indigenous Nations

This 1904 reprint of President Benjamin Harrison’s 1891 proclamation was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally signed on May 20, 1891, this proclamation announced that the “Law of 1891,” passed by US Congress on March 3, 1891, was accepted, ratified, and confirmed.

Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle

Michigan Law Review

The convention system of nominating candidates for public office is, in a great degree, peculiar to the United States. England has in recent years borrowed in part our caucus, but as late as 1893, a writer in the American Law Regisieri says: "A nomination is made in the British dominions by a paper filed by one person and one or a very few seconders." Nor have we always had the convention system here. The first national nominating convention was held in Baltimore, by the anti- Masonic party, on September 26, 1831.

Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle

Michigan Law Review

The convention system of nominating candidates for public office is, in a great degree, peculiar to the United States. England has in recent years borrowed in part our caucus, but as late as 1893, a writer in the American Law Regisieri says: "A nomination is made in the British dominions by a paper filed by one person and one or a very few seconders." Nor have we always had the convention system here. The first national nominating convention was held in Baltimore, by the anti- Masonic party, on September 26, 1831.