Legal History Commons^™

Freedom Of Navigation For International Rivers: What Does It Mean?, Ralph W. Johnson

Michigan Law Review

The purpose of this paper will be to analyze the origin of the concept, trace its (their) development, point out the most commonly used meanings, and then demonstrate the substantial irrelevance of the concept, by any of these definitions, to present-day river navigation and trade problems.

Reflections On The Nature Of Labor Arbitration, R. W. Fleming

Michigan Law Review

The use of arbitration as a means of settling labor-management disputes has increased steadily in the past twenty years. Recent decisions of the Supreme Court have underlined the importance of the process. The natural tendency is to compare labor arbitration with the court system as an adjudicatory process. There are, however, significant differences between the two, and this needs to be better understood.

An intelligent evaluation of the differences, and of the labor arbitration tribunal in general, can be made only after an exploration of its origin and history, and after some consideration of the kinds of cases which are …

Federal Civil Procedure-Federal Rule 12(E): Motion For More Definite Statement- History, Operation And Efficacy, Stefan F. Tucker S.Ed.

Michigan Law Review

The purpose of this comment is to trace the history of the motion for more definite statement as provided for in the Federal Rules, analyze the reasons for granting or denying the motion, and propose an answer to the question of whether Rule 12(e) is necessary, or superfluous, as part of modern federal pleading procedure.

Territorial Courts And The Law: Unifying Factors In The Development Of American Legal Institutions-Pt.Ii-Influences Tending To Unify Territorial Law, William Wirt Blume, Elizabeth Gaspar Brown

Michigan Law Review

With the exception of Kentucky, Vermont, Texas, California, and West Virginia, all parts of continental United States south and west of the present boundaries of the original states came under colonial rule, and were governed from the national capital through territorial governments for varying periods of time. All territories in this area were "incorporated" in the sense that they were destined to become states of the United States. All became states by 1912, leaving only Alaska and Hawaii for future statehood. Now that these territories have become states, it seems desirable to review legal developments in all of these "incorporated" …

Paul & Schwartz: Federal Censorship: Obscenity In The Mail, Harry Kalven Jr.

Michigan Law Review

A Review of Federal Censorship: Obscenity in the Mail. By James C. N. Paul and Murray L. Schwartz.

Frank: Lincoln As A Lawyer, Spencer L. Kimball

Michigan Law Review

A Review of Lincoln As A Lawyer By John P. Frank

Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown

Michigan Law Review

The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …

Hurst: Law And Social Process In United States History, Robert S. Hunt

Michigan Law Review

A Review of Law and Social Process in United States History. By James Willard Hurst.

Murphy: Congress And The Court, Robert B. Mckay

Michigan Law Review

A Review of Congress and the Court. By Walter F. Murphy

Chinese Communist Law: Its Background And Development, Luke T. Lee

Michigan Law Review

It is perhaps axiomatic to state that law is more than an instrument for the settlement of disputes and punishment of wrongdoers; it is, more importantly, a reflection of the way of life and the philosophy of the people that live under it. Self-evident though the above may be, it bears repeating here, for there is a much greater need for understanding Chinese law now than ever before. China's growing ideological, political, economic, and military impact on the rest of the world would alone serve as a powerful motivation for the study of its law. Certainly, we could not even …

Simpson: An Introduction To The History Of The Land Law, Daniel M. Schuyler

Michigan Law Review

A Review of AN INTRODUCTION TO THE HISTORY OF THE LAND LAW. By A. W. B. Simpson.

Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume

Michigan Law Review

The Northwest Ordinance of 1787 made provisions for legislation by the territorial government in two stages: (1) adoption of laws by the governor and judges from the laws of the original states, and (2) enactment of statutes by a legislature made up of the governor, a council, and elected representatives. The first method was to be followed until the population should reach 5,000 and the second method thereafter. The present study is limited to the first stage.

Wills-Revocation By Act To The Document-Effect On Codicil, Roger W. Kapp S. Ed

Michigan Law Review

The term codicil generally refers to a supplement to a will by which the testator alters or adds to his will. It may be nominated a codicil by the testator or held to be one by judicial construction. If it is to be operative at all, a codicil must of course be executed with all the formalities required by the statute of wills. But, just as it is difficult to describe a codicil without reference to a primary testamentary document, so also is it difficult to determine the status of an otherwise valid codicil when the will it supplements has …

The Rule Of Law In Historical Perspective, W. Burnett Harvey

Michigan Law Review

Events of the past two decades have made imperative a fundamental re-examination of the basis of government and the legal order. The gross inhumanities of the German and Japanese regimes during the Second World War are fresh in our memories. In many areas of the world today, the force of law is being used for the systematic suppression of claims to freedom and human dignity. The revolutionary ferment of the post-war years has brought into existence new governments with the task of determining their fundamental orientation and the direction of their legal orders.

The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep

Michigan Law Review

In a nutshell, the topic of this paper is "Comstockery and the Bowdlerizing of Ideas." The thesis here asserted is that the Rule of Law is violated when legislatures succumb to modern attempts by the often pathologically-motivated zealot legally to freeze current tastes in moral and political beliefs. The relationship between taste statutes and the seemingly esoteric topic, "The Legislative Process and the Rule of Law," is based on the premise that the maximum possible degree of intellectual freedom for each individual is an essential ingredient in the legal system of a civilized society.

Sullivan: Conservation Of Oil And Gas. A Legal History - 1958, Joseph R. Julin

Michigan Law Review

A Review of Conservation of Oil and Gas. A Legal History - 1958. Edited by Robert E. Sullivan.

Dawson: A History Of Lay Judges, Spencer L. Kimball

Michigan Law Review

A Review of A History of Lay Judges . By John P. Dawson

Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg

Michigan Law Review

A Review of American Enterprise in the European Common Market: A Legal Profile. Vol. II. Volume Two. Edited by Eric Stein and Thomas L. Nicholson.

Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume

Michigan Law Review

The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "

The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson

Michigan Law Review

This celebration of the first century of the Michigan Law School recalls the vain endeavor of the Holy Roman Empire to keep the craft of the law out of the Americas. Que no passasen abogados ni procuradores a las Indias was a clause inserted by the Emperor Charles V into the capitulation of 1540 with Alvar Nunez which sanctioned the exploration of the River Plate. Perhaps it was the futility of lawyers which prompted the Imperial veto. Twenty years before, when the Governor of Cuba sought to halt Cortez with decrees of outlawry from Spain, his cunning captain Sandoval evaded …

The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper

Michigan Law Review

The purpose of this article is to present a descriptive overall picture of the fundamental features of the system established by the Basic Law and at the same time point up significant comparisons and contrasts by reference to the Constitution. Eleven years have now elapsed since the Basic Law went into effect, and significant decisions of the Federal Constitutional Court (Bundesverfassungsgericht ) noted at the appropriate points, serve to illuminate the working of the system established by it.

The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig

Michigan Law Review

The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.

The Duty Of Military Defense Counsel To An Accused, Alfred Avins

Michigan Law Review

This article is designed to study the manner in which those Canons of Professional Ethics have been assimilated into the administration of military justice and made the standards for the duty of a military defense counsel.

Taggart: Cost Justification, Harry L. Shniderman

Michigan Law Review

A Review of Cost Justification. By Herbert F. Taggart

Self-Determination Vs. Stability Of Labor Relations: The Effect Of American Potash, Dallas L. Jones

Michigan Law Review

Very early in its history, the Board was confronted with conflicting claims by craft unions and industrial unions for the right to represent craft workers. Generally, the industrial unions sought a broad unit of production and craft workers, whereas the craft unions sought units of their particular skill. The Board's first reaction was to establish broad units where it appeared that one union had a majority throughout the plant. In doing so, the Board relied heavily upon what it considered best for collective bargaining purposes. In many cases, the Board created large units over the protests of small groups on …

Brown: Legal Education At Michigan. 1859-1959, Louis Quarles

Michigan Law Review

A Review of Legal Education at Michigan. 1859-1959. By Elizabeth Gaspar Brown, in consultation with William Wirt Blume

Probate And Administration On The American Frontier: A Study Of The Probate Records Of Wayne County- Northwest Territory 1796-1803; Indiana Territory 1803-1805; Michigan Territory 1805-1816, William Wirt Blume

Michigan Law Review

As late as 1815 there was only one county in Michigan Territory- Wayne County- made up of parts of the territory to which the Indian titles had been extinguished. As other counties were organized beginning in 1817, Wayne County was reduced to its present size. A law adopted July 27, 1818, provided that a probate court should be held in each county. By a proclamation dated October 2, 1818, Acting Governor Woodbridge declared it was "no longer expedient to continue the present subdivisions of this territory into districts" for probate purposes; instead, each county should be "a separate District and …

Hunt: Law And Locomotives: The Impact Of The Railroad On Wisconsin Law In The Nineteenth Century, Alan N. Polasky

Michigan Law Review

A Review of Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century. By Robert S. Hunt.

Trial Of Legal Issues In Injunction Against Tort, Edgar N. Durfee

Michigan Law Review

This essay appeared in a casebook on Equitable Remedies that was used for years in mimeographed form at the University of Michigan Law School. It was never prepared for final publication by Professor Durfee himself, but the numerous changes made in his own personal copy indicate that he had given much thought to the subject. Professor John P. Dawson who had collaborated with Professor Durfee has incorporated these changes in the present text. More changes might have been made by Professor Durfee if he had planned to publish it. The editors believe that as it stands it deserves a wider …

Specific Performance In France And Germany, John P. Dawson

Michigan Law Review

Edgar Durfee studied long and closely the subject of specific performance. He taught it for many years, wrote about it and planned to ·write more. He conceived it broadly, as he did every subject that ever had his attention, but he had a lively interest in details, including very technical details. Long before others and much more than most, he saw the importance of our remedial system both in shaping law and as a reflection of its larger purposes. All those who learned from him will remember as long as memory lasts the insight he gave and the hidden meanings …