Legal History Commons^™

Soviet Law Of Inheritance: I, Vladimir Gsovski

Michigan Law Review

The Soviet law of inheritance has suffered several drastic changes. Not only were the statutory provisions changed, but the attitude of soviet jurists to the very institution of devolution of property on death has presented a constantly changing picture.

Precedent In Past And Present Legal Systems, C. Sumner Lobingier

Michigan Law Review

The prevailing notion that stare decisis is peculiar to the Anglican Legal System is quite provincial and far from correct. On the contrary, the principle is inherent in every legal system, at least in its primitive stage; for the earliest form of law is custom, and the "core of custom" is precedent, not necessarily judicial, but something quite as authoritative.

Acceptance By Intervention In Bills Of Exchange, Salvador Ltriago

Michigan Law Review

Intervention is an act whereby a person becomes a party to a negotiable instrument, whether by accepting the bill or by paying the sum indicated thereon, in order to relieve one of the obligors on the bill from the action of recourse that the holder could assert against him in consequence of default of acceptance or payment by the drawee.

The complexity of the material to be discussed renders it necessary, in order to clarify the development of the exposition, for us to advance several concepts, which will later be considered more fully at the proper places.

Clovis Bevilaqua And The Brazilian Civil Code, Anyda Marchant

Michigan Law Review

Clovis Bevilaqua is a monument in the history of Brazilian law. His death on July 26, 1944, closed the door on an epoch. When he began his career in the eighties, Brazilian law, with the exception of the commercial code, was uncoordinated and outmoded. Now. Brazil is in a period of very active work on the recodification of its laws and their adaptation to the needs of modern life. Not all of this change is the work of one man, but Bevilaqua was the principal lingering representative, among the lawyers, of the intellectual movement that accompanied the setting up of …

The Place Of Trial Of Criminal Cases: Constitutional Vicinage And Venue, William Wirt Blume

Michigan Law Review

In 1909 one Henry G. Connor, presumably Mr. Justice Connor of the Supreme Court of North Carolina, published in the Pennsylvania Law Review an article entitled "The Constitutional Right to a Trial by a Jury of the Vicinage." The question discussed was: May a state constitutionally provide by statute that a crime be tried in a county other than that in which it was committed? Or, putting the question in terms of vicinage as distinguished from venue, may a state constitutionally provide by statute that a crime be tried by jurors summoned from a county other than the county …

Fortescue's De Laudibus: A Review, Max Radin

Michigan Law Review

In this opus perfectissimum, Dr. Chrimes, whose book, English Constitutional Ideas in the Fifteenth Century, marks him as the man best fitted for the task, has filled one of the gaps which existed in the scientific examination of the sources of English law. We have Mr. Nicholl's Britton and Professor Woodbine's Glanvil and his still unfinished Bracton, Mr. Ogg's edition of Selden's Dissertatio, and the Hughes-Crump-Johnson edition of The Dialogue on the Exchequer. All these are admirable. There are left only St. Germain and Fleta, both of which cry aloud for an editor of the quality …

Legal Techniques And Political Ideologies: A Comparative Study, Alexander H. Pekelis

Michigan Law Review

The problem with which we are going to deal is one of comparative law, a discipline probably even more illusory than legal science itself. A body of laws represents in itself neither a social reality nor a social ideal. One of the difficulties that every historian faces in trying to reconstruct a period of the past with the help of legal monuments is due to the great variety of relations existing between legal rules and social reality. So, e.g., legal monuments generally contain in an inextricable confusion at least two contradictory types of rules: rules which are a simple restatement …

Comparative Research And Unification Of Law, Hessel E. Yntema

Michigan Law Review

The current interest in international unification of law as a major objective of comparative legal research is significant testimony, in an era of accentuated nationalism, to the increasing solidarity of the modern world. In the development of this interest, Latin America has played a pioneer role. As early as 1826, the celebrated Congress convened at Panama envisaged in its deliberations what one of its members termed a "System of Public Law" for the Americas. The Congress of Montevideo of 1888-1889, anticipated by the Lima Congress of Jurists of 1878, produced the first substantial and successful codification of private international law, …

Italian Administrative Courts Under Fascism, Paul B. Rava

Michigan Law Review

Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …

Revocation Of Wills By Subsequent Change In The Condition Or Circumstances Of The Testator, Elizabeth Durfee

Michigan Law Review

Among the oldest rules in the law of wills are those by which a will is held to be revoked by implication by certain changes in the circumstances of the testator. The purpose of this paper is to investigate these rules. Special reference will be made to statutes, both those which deal generally with the subject and those which provide specifically for the effect of particular events, such as marriage; no attempt will be made, however to analyze the latter type of statute exhaustively. By way of introduction, a brief historical survey of the doctrine should be made.

Excess Profits Taxation In 1941, Charles Victor Beck Jr., Jamille George Jamra, David L. Loeb

Michigan Law Review

The problems of business taxation are twofold: from the governmental standpoint, the problem is to obtain sufficient revenues at a minimum of cost and with the least resistance; from the business standpoint, the problem is to obtain lighter taxation where possible at a minimum of cost and with the greatest simplicity and uniformity. The excess profits tax has been devised by the economists of the several nations with the object of bolstering national taxing systems in extraordinary periods which demand abnormal revenues. With the advent of the excess profits tax, the desire for simplicity and low cost in taxation was …

Book Review. Jackson, R. M., The Machinery Of Justice In England, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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

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 Codification Of The French Customs, John P. Dawson

Michigan Law Review

A renewed attack on central problems of English legal history can gain fresh perspective from the history of French law. France and England entered the later middle ages with a common fund of legal and political institutions. Much of the area that was to be included in modern France was united with England under a common sovereign; political institutions were shaped by the same basic forces into similar forms of feudal organization; private law was largely composed of unformulated popular custom, remarkably similar even in detail. As early as the thirteenth century the tendencies toward divergence, both in law and …

Was Coke Right?, Murray Seasongood

Indiana Law Journal

Address by Hon. Murray Seasongood, of the Cincinnati Ohio Bar, delivered at the dinner of the mid-winter meeting of the Indiana State Bar Association, at Indianapolis, January 16, 1937.

Notes On Courts Of Record In England, S. E. Thorne

West Virginia Law Review

No abstract provided.

Old English Local Courts And The Movement For Their Reform, Arthur Lyon Cross

Michigan Law Review

The first Reform Bill of 1832 was at once a symptom and a further cause of momentous changes in English institutions, political and legal, to say nothing of social and ecclesiastical. Many of these were brought about as the result of patient and competent investigations of royal commissions which, though not unknown before the third decade of the nineteenth century, were active to an extent hitherto unheard of during that notable epoch of reform. While a few men of law were among the forward spirits, the bulk of the advance guard were laymen. As a rule judges, barristers and attorneys …

The Law Of England During The Period Commonwealth, Robert C. Brown

Indiana Law Journal

No abstract provided.

Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown

Michigan Law Review

A Review of ANNUAL SURVEY OF ENGLISH LAW 1929. London School of Economics and Political Science (University of London) Department of Law.

The Book Of English Law

Michigan Law Review

A Review of THE BOOK OF ENGLISH LAW By Edward Jenks.

Outline Of Legal History, By Franklin Russell, Rudolph H. Nottlemann

Washington Law Review

No abstract provided.

The Italian Magistracy Of Labour A Fascist Experiment, Leonard Manyon

Michigan Law Review

The legislators of Fascist Italy, although they vigorously affirm the unprecedented and original character of their achievement, do not despise history--or even pre-history--as a measure of that achievement. In the social and economic no less than in the political sphere, they claim the merit of vast innovations, whose true significance, they tell us, can be gauged only by surveying, across the course of centuries, the evolution of human civilization.

The Fifteenth Century-The Dark Age In Legal History, Joseph F. Francis

Michigan Law Review

Everywhere during the last few decades there has been a revolution in the thinking of educated men. I refer to the revolution in logical method and thought that had its impetus first in the non-Euclidian mathematicians. was then carried on by the logicians and philosophers and finally culminated in the startling conclusions announced by Einstein. This revolution has been an attack on absolutism and on the metaphysical nonentities that pervade all man's learning. The attack is not new, it is only new in vigor, in scope, and in promise.

Forestalling, Regrating And Engrossing, Wendell Herbruck

Michigan Law Review

The earliest attempts in English Law to regulate trade are to be found in the enactments against forestalling, regrating and engrossing and in them, it has been asserted, is the basis of our modern legislation against monopolies and combinations in restraint of trade. Aside, however, from the mention that is occasionally made of these crimes in connection with the history of the laws of trade, the words as a part of legal terminology are almost obsolete, although the word "forestalling" is used to define a crime punishable under the laws of Ohio and doubtless is to be found in other …

Famous Trials Of History, By Rt. Honourable, The Earl Of Birkenhead, James J. Robinson

Indiana Law Journal

No abstract provided.

A Sketch Of English Legal History, By Frederick W. Maitland, Paul L. Sayre

Indiana Law Journal

No abstract provided.

Handbook Of Roman Law, By Max Radin, Paul L. Sayre

Indiana Law Journal

No abstract provided.

The Primitive Character And Origin Of The Bonorum Possessio, George M. Bush

Michigan Law Review

The Bonorum Possessio, or Praetorian inheritance or succession, is one of the most important, complicated and difficult sections in the study of the Private law of Rome. This subject is not well known to students of Roman law, although so far it has been the object of much research on the part of many German and a few French, scholars.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Chief Sources Of English Legal History, By Percy Henry Winfield, Paul L. Sayre

Indiana Law Journal

No abstract provided.