Legal History Commons^™

The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith

Michigan Law Review

Promotion of collective bargaining appears to be a governmental policy borne of the travails of economic emergency during World War I, though it was somewhat foreshadowed by the earlier attempt in the Erdman Act of 1898 to outlaw the "yellow-dog'' contract. It first gained recognition by certain of the individual branches of the administration II and was subsequently suggested as an over-all policy, along with recognition of the right of self-organization and other principles, by the War Labor Conference Board. This board was appointed in January, 1918, by the Secretary of Labor and consisted of nominees of the National Industrial …

The Delegation Of Federal Legislative Power To Executive Officials, Theodore W. Cousens

Michigan Law Review

It will be the purpose of this article to attempt (1) a chronological survey of the previous Supreme Court cases relating to alleged delegations of legislative power, and (2) an analysis and discussion of the Panama Refining Co. decision in the light of this background. No discrimination is made between delegations of state and of federal legislative power, as the Supreme Court makes no such discrimination.

Undiscovered Fraud And Statutes Of Limitation, John P. Dawson

Michigan Law Review

Statutes of limitation are framed in terms of the interval between the accrual of a "cause of action" and the filing of suit. How far is the operation of this mathematical formula varied by the circumstance that the existence of the cause of action was for some time unknown to the suitor? In most American States statutes have given a partial answer to the question, but in uncertain terms. There, as well as in States where statutes are silent, an effort to provide a full and final answer would face a tangled web of history and legal doctrine, interwoven with …

Legislative Committees And Commissions In The United States, John A. Fairlie

Michigan Law Review

In the Congress of the United States and the legislatures of the forty-eight states committees composed of a limited number of members play an important part and to a large extent the predominant part, in legislation both by making preliminary inquiries and by planning the detailed provisions of measures. While important changes are at times made in the general sessions, the final result is in a large measure determined by the several committees. In most American legislative bodies there are numerous committees of various kinds, such as select committees for limited special purposes, standing committees regularly appointed, conference committees, and …

Comment Upon Failure Of Accused To Testify, Robert P. Reeder

Michigan Law Review

Last year the American Law Institute and the American Bar Association adopted resolutions declaring that when the defendant in a criminal trial does not testify the prosecution should be permitted to comment upon that fact. They urged the overthrow of a rule of law which have prevailed in the federal courts ever since accused persons were first permitted to give testimony, over fifty years ago, and which has governed the courts of forty-two out of the forty-eight states. The discussions which preceded the adoption of the resolutions have been published. In them the advocates of the change do not show …

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.

Legislative Principles, Carl H. Manson

Michigan Law Review

A review of LEGISLATIVE PRINCIPLES By Robert Luce.

Statutory Interpretation -- Light From Plowden's Reports, Frank Edward Horack

Articles by Maurer Faculty

No abstract provided.

Liberty And The Police Power, Clarence Emmett Manion

Journal Articles

The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The …

Congress And The National Administration, John A. Farlie

Michigan Law Review

Under the Constitution of the United States, Congress is vested with legislative powers; and under the classical doctrine of the separation of powers, it is primarily a law-making organ. A recent writer on government has, however, analyzed its functions under seven heads, as follows: as a constituent assembly, a canvassing board and electoral college, an organ of public opinion, a board of directors, an organ of legislation, an executive council, and a high court of justice. In its capacity as board of directors, he also states that "the whole power of direction, supervision and control of administrative affairs is legally …

Early American Price-Fixing Legislation, Arthur S. Aiton

Michigan Law Review

One of the most pernicious delusions of legislators is the persistent notion that the enactment of a law is the panacea for any human ill from short sheets in hotels to the immodesty of certain styles of female apparel. The history of law-making is strewn with the wreckage of freak legislation of this character but the law-mills, heedless of the past, continue to spew forth new monstrosities and to revive old failures. That the human family cannot be legislated into a set mold of behavior and that the economic laws which underlie trade and intercourse cannot be enacted out of …

The Federal Uniform Procedure Bill

Michigan Law Review

After eleven long years of reposing in the files of the judiciary committees, the Federal Procedure Bill (S. 2061), sponsored by the Committee on Uniform Judicial Procedure of the American Bar Association, has finally been favorably reported by the Judiciary Committee of the Senate, and the patron of the bill, Senator A. B. Cummins, will call it up for passage during the early days of the December session of Congress. For eleven long years opponents of the bill have succeeded in keeping it in committee files, and it is to be expected that the proponents of the measure will have …

Perpetuity Statutes, Edwin C. Goddard

Michigan Law Review

The common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but· gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …

Statutes Of Edward I Their Relation To Finance And Administration, Nathan Isaacs

Michigan Law Review

Perhaps the most far-reaching effect of the American Civil war, in the long run, could be illustrated by a chart showing government expenditures before and after that rebirth of the nation. The jump from the bottom of the chart to the top, with no apparent tendency to return, reflects a new conception of the function of the government, the creation of new powers and a redistribution of- the old ones. In like manner one of the most significant features of the present period of reconstruction throughout the civilized world seems likely to find its graphic representation in a curve that …

Reading From Ancient Chinese Codes And Other Sources Of Chinese Law And Legal Ideas, John Wu

Michigan Law Review

With the legal profession today there is a growing interest in Vthe study of universal legal ideas. Legal ideas, it would seem, gain strength by extension both in time and in space. ,As ius" gentium is necessarily more congenial to human reason than ius civie, so it may. be said that the laws of all ages are more deep-seated in human nature than those of a particular generation. The scope of comparative jurisprudence, therefore, embraces all the length and breadth of legal scholarship, so that it cannot afford to ignore any materials that may give us light upon the legal …

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 …

Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll

Michigan Law Review

The constitutional problem to which the Espionage Act of 1917 gave rise is almost as old as the Government itself. As early as 1798 the constitutional authority of the Government over speech ,and the press was called into question. The controversy caused by the Sedition Act of that date forms the subject of this paper.

Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus

Articles

In the case of Forbes et al. v. Chuoco Tiaco, decided by the Supreme Court of the Philippine Islands July 30, 1910, 8 Off. Gaz., p. 1778, some of the most interesting, important, and fundamental questions were presented and determined for the time being, but not settled, it is reasonably safe to say until passed upon by the Supreme Court of the United States. The questions involved were whether the Governor General of the Philippine Islands has the power to expel resident Chinese aliens without a hearing or an opportunity to be heard, and whether the Governor, if he exceeded …

Excerpts From Article In The Publishers Weekly For July 3, 1909 Summarizing Revision History, United States Congress

Legislative History – Copyright Act of 1909

THE COPYRIGHT CODE: ITS HISTORY AND FEATURES

The new copyright code became operative July 1, 1909, and is now in force. In view of its importance, a retrospect of its history and some further comment on its character may be of interest. …

(unsigned)

Excerpts From The Report Of The Register Of Copyrights For The Fiscal Years 1906-1907, 1907-1908 And 1908-1909, United States Congress

Legislative History – Copyright Act of 1909

"During the fiscal year covered by this report important motion has been taken in the direction of a revision of the copyright laws." …

✪ An Act To Amend And Consolidate The Acts Representing Copyright ✪, United States Congress

Legislative History – Copyright Act of 1909

The Copyright Act of 1909 was a landmark U.S. law that governed copyright protection from March 4, 1909, until it was superseded by the Copyright Act of 1976. Although rarely needed, this law is still applied to certain categories of works created before January 1, 1978 that were not covered by the 1976 modifications.

The 1909 Act established key provisions for copyright law at the time, balancing the rights of creators with public access. It prescribed a copyright term of 28 years with the possibility of renewal for another 28 years, the requirement for publication with a copyright notice, and …

Debates And Passage Of Copyright Revision Bill On Floors Of House And Senate, United States Congress

Legislative History – Copyright Act of 1909

CONGRESSIONAL RECORD.                        3779
SIXTIETH CONGRESS, SECOND SESSION
Vol. 43                                                           no . 67.
WASHINGTON, TUESDAY, MARCH 2, 1909.

COPYRIGHT LAWS.

Mr. CURRIER. Mr. Speaker, I move to suspend the rules, discharge the Committee of the Whole House on the state of the Union from the further consideration of the bill H. R. 28192, agree to the amendments proposed by the committee, and pass the bill.

The SPEAKER. The gentleman from New Hampshire moves to suspend the rules, discharge the Committee of the Whole House on the state of the Union from the further consideration of the bill, agree to the amendments …

Miscellaneous Copyright Bills And Act Of 1909, United States Congress

Legislative History – Copyright Act of 1909

60th CONGRESS, 1st Session.

H.R. 243.

IN THE HOUSE OF REPRESENTATIVES.
December 2, 1907.

Mr. Currier introduced the following bill; which was referred to the Committee on Patents and ordered to be printed.

A BILL
To amend and consolidate the Acts respecting copyright.

—————

60th CONGRESS, 1st Session.

S. 2499.

IN THE SENATE OF THE UNITED STATES.  December 16, 1907.

Mr. Smoot introduced the following bill; which was read twice and referred to the Committee on Patents.

A BILL
To amend and consolidate the Acts respecting copyright.

—————

60th CONGRESS, 1st Session.

S. 2900.

IN THE SENATE OF THE UNITED …

Hearings Before The Copyright Subcommittees Of The Committees On Patents, January 20, 1909, United States Congress

Legislative History – Copyright Act of 1909

MR. STEUART: Mr. Chairman and gentlemen of the committee, the immediate subject to which I have been asked to address myself to-day is a clause contained in the fourth section of the proposed Washburn bill, which is in these words: “That subject to the limitations and conditions of this act copyright secured hereunder shall be entitled to all the rights and remedies which would be accorded to any other species of property at common law.”

Some Miscellaneous Amendments To S. 6330 And Hr 19853 Proposed To The Copyright Office, United States Congress

Legislative History – Copyright Act of 1909

Wording revisions proposed by a variety of commenters on S.6330 and H.R.19853,

Hearings Before The (Joint) Committees On Patents, March 26-28, 1908, United States Congress

Legislative History – Copyright Act of 1909

THE CHAIRMAN: I should like to say to those who are interested in this proposed legislation that while no definite programme has been mapped out, there has been discussed and tentatively agreed to a plan of procedure We will take one of the bills for instance, Senate bill 2499 and we should like to have the parties who are interested in the different sections of the bill and have objections to that bill to make their objections known, and we will take up the sections so designated for consideration. All the other sections of the bill to which there may …

H. R. Report 7083, Pt. 2, March 2, 1907 (Minority Report) 59th Cong. 2d Session, United States Congress

Legislative History – Copyright Act of 1909

We disagree with a portion of the majority report submitted by the Committee on Patents on House bill 25133, reported on January 30, 1907.

The bill is a redraft of House bill 19853, which was introduced in this House on May 31, 1906. In its original form the bill had a provision (subdivision g, section 1) securing to musical composers the exclusive right to reproduce their compositions by mechanical means, such as perforated rolls and disk or cylinder records.

The greater part of the time given by the committee to public hearings on this bill was taken up by the …

S. Report 6187, Ft. 2, February 7, 1907 (Minority Report) 59th Cong. 2d Session, United States Congress

Legislative History – Copyright Act of 1909

We are opposed to certain portions of the majority report submitted by the Senate Committee on Patents on Senate bill No. 6330, and reported on January 29,1907, as Senate bill No. 8190.

The original bill was introduced in the Senate and House of Representatives on May 31, 1906, being Senate bill No. 6330 and House bill No. 19853.

It was immediately referred to the Patent Committees of the Senate and House, and it was arranged that the committees should hold joint public hearings on the bill, commencing June 6, 1906. At these hearings in June a great deal of opposition …

S. Report 6187, February 5, 1907, With S. 8190 Attached. 59th Cong. 2d Session, United States Congress

Legislative History – Copyright Act of 1909

The Committee on Patents, to whom was referred the bill (S. 8190) to consolidate and revise the acts respecting copyrights, recommend that said bill do pass.

H. R. Report 7083, January 30, 1907 With Hr25133 Attached. 59th Cong. 2d Session, United States Congress

Legislative History – Copyright Act of 1909

The Committee .on Patents, to whom was referred House bill 25133, respectfully report that they have had the same under consideration and recommend that it do pass.