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Articles 601 - 630 of 684
Full-Text Articles in Legal History
Early American Price-Fixing Legislation, Arthur S. Aiton
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 …
Imprisonment For Debt, Richard Ford
Imprisonment For Debt, Richard Ford
Michigan Law Review
Imprisonment for debt is usually thought of as a barbarous custom which declined continuously as civilization and Christianity advanced and which was totally done away with long ago. The facts, however, are otherwise. It seems doubtful if history warrants any generalization to the effect that the imprisonment of debtors has been a steadily declining practice. Certain it is, that in a greater or less degree it exists today in many parts of the United States, in England, and in some other countries. Moreover, creditors are making use of it on a comparatively large scale. It is the purpose of this …
Appeal Of Death
Michigan Law Review
A note from Mr. Justice Riddell says: "In my paper, 'Appeal of Death and Its Abolition.' 24 MICH. L. REV. (June, 1926) at p. 793, it is said, 'when the widow was Appellor, the issue was tried by a jury because a woman could not fight.' While this was generally true, the statement indicating universality was made per incuriam of course, the trial was sicut curia consideraverit; and sometimes Battel was awarded in the case of a woman-appellor.
Appeal Of Death And Its Abolition, William Renwick Riddell
Appeal Of Death And Its Abolition, William Renwick Riddell
Michigan Law Review
The Appeal of Death-or, as it is sometimes called, the Appeal of Murder, because it was generally invoked in cases of murder although cases of manslaughter were also within its scope-was an interesting survival of ancient law which continued its existence in England until a little more than a century ago, and which, when it fell, brought down a mass of crumbling and antiquated rubbish, which served no good purpose and might-sometimes did-do harm.
Erring Judges Of The Thirteenth Century, William Renwick Riddell
Erring Judges Of The Thirteenth Century, William Renwick Riddell
Michigan Law Review
The Royal Historical Society (of London) has published much material of great interest to lawyers-an humble Fellow, I think none is more interesting than that published in 1906: "State Trials of the Reign of Edward the First, 1289-1293".
The Law School And The Professional Tradition, Roscoe Pound
The Law School And The Professional Tradition, Roscoe Pound
Michigan Law Review
Only historians know that Michigan, Illinois and Wisconsin were once, at least in legal theory, governed by the Custom of Paris. That fact has not left a mark upon the actual law of any of those jurisdictions. Nor is the reason far to seek. In the pioneer days of the French occupation of this part of North America there was little scope for such law as is to be found in books. There was need only for a rude administration of offhand justice in the simple concerns of a frontier society. And had there been need for anything more, the …
The New Holdsworth, Arthur Lyon Cross
The New Holdsworth, Arthur Lyon Cross
Michigan Law Review
In view of the fact that Pollock and Maitland do not go beyond the time of Edward I and Reeves no further than Elizabeth's reign, Professor Holdsworth, in publishing a revision and extension to the eighteenth century of his well known work, ventures to point out that it is "the first continuous history of English law that has ever been written". And so it is, to the point to which he has carried it thus far. One more volume at least is promised in the near future; while it is to be hoped that subsequent contributions may ultimately appear. "From …
A Modern Instance Of Zenothemis V. Demon, John M. Zane
A Modern Instance Of Zenothemis V. Demon, John M. Zane
Michigan Law Review
That a specific rule in Greek law should be of value to the decision of a legal question arising among us would seem at first blush improbable. Both the historical and analytical jurists have insisted so strongly upon the causes which tend to make any system of positive law something peculiar in itself that they have obscured the fact that the rules of substantive law are quite likely to be the same for like circumstances among nations which have reached a comparatively high level of civilization. The now dominant school of juristic thought, which teaches what its foremost exponent has …
The Juridical Nature Of The State, Sir Paul Vinogradoff
The Juridical Nature Of The State, Sir Paul Vinogradoff
Michigan Law Review
Of all varieties of social co-operation, one dominates the others. It is the State, and a fundamental problem in every system of law consists in settling the legal relations between the State and its members- both the individuals and the juridical persons.
The Federal Uniform Procedure Bill
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 …
Legal Standards And Ideals, Sir Paul Vinogradoff
Legal Standards And Ideals, Sir Paul Vinogradoff
Michigan Law Review
Provisions for the settling of conflicts constitute the greater part of any legal system. These conflicts are not entirely governed by self interest and the idea of ethical duty does not disappear from them: it asserts itself in the shape of the balance to be established ·by the court: while every litigant presses for the satisfaction of his own claims society is called upon to adjudicate fairly between the parties: the moral notion of justice appears as the impartial attribution of what everyone in society ought to have by right. We make distinctions between men in accordance with their greater …
Contracts--Modern Rules As To Past Consideration Furnished At Request
Contracts--Modern Rules As To Past Consideration Furnished At Request
Michigan Law Review
Very early in the history of contract law it was recognized that goods delivered or services rendered in the past could not furnish valid consideration for a present promise, for there was no quid pro quo, no element of exchange. But the equities in favor of the promisee in such cases, in view of the fact that assumpsit would lie only on an express promise, were frequently so strong that in 1615 we find an exception created. Lampleigh v. Brathwait, Hobart 105, held, that if the past services or goods had been furnished at request, the present promise …
Arrest Without A Warrant, Horace L. Wilgus
Arrest Without A Warrant, Horace L. Wilgus
Michigan Law Review
The word arrest comes from the Latin through the French, and literally means to stop, stay or restrain. In law it relates to restraints upon a person's liberty of locomotion, movement from place to place. To require one to keep her mouth shut is not an arrest, even if wrongful. Every detention or "confinement of the person is an imprisonment, whether it be in a common prison, or private house, or in the stocks," or in the open street or elsewhere. Where codes define false imprisonment "as the unlawful violation of the personal liberty of another," the gist of the …
The Passing Of The Partnership By Operation Of Law
The Passing Of The Partnership By Operation Of Law
Michigan Law Review
A case recently decided in the United States Supreme Court, Giles et al. v. Vette et al., Sup. Ct. U. S. Adv. Ops. Jan. 7, 1924, No. 59, gives us another illustration of the clever way in which the codifiers of the UNIFORM PARTNERSHIP ACT steered their course between the epithetical jurisprudence, built upon the case of Waugh v. Carver, [1793] 2 Henry Blackstone, 235, and the jurisprudence of realities, derived from the interpretation of Cox v. Hickman, [1861] 8 H. of L. cases, 268, by the English court in Mollwo v. Court of Wards, [1872] …
The Occupation Of Michigan, Elbridge Colby
The Occupation Of Michigan, Elbridge Colby
Michigan Law Review
The British military occupation of Michigan during the war of 1812 had no real military importance. The events leading up to it were then discussed, and have since been, more as a matter of the propriety or impropriety of the conduct of General Hull and the ineffectiveness of our national military organization for war. From the standpoint of politics the incident is of slight significance. But from the standpoint of the history of belligerent occupations and military government it illustrates and touches upon several distinctly legal points.
Perpetuity Statutes, Edwin C. Goddard
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, …
The Separation Of Powers, John A. Fairlie
The Separation Of Powers, John A. Fairlie
Michigan Law Review
One of the characteristics of both national and state governments in the United States is the existence of three separate departments,--the legislative, executive, and judicial, each coordinate and in the main independent of the others. The Constitution of the United States establishes three such departments,--Congress with legislative power, the President with executive power, and the Supreme Court and other United States courts to be established by law, with judicial power. Each of the state constitutions also provides for three similar departments in the state government.
Archaic Methods Of Validating A Contract-The "Blow And The "Libation"
Archaic Methods Of Validating A Contract-The "Blow And The "Libation"
Michigan Law Review
Sir Henry Maine tells us that at the ·dawn of Roman jurisprudence the term in use for contract was one which is very familiar to students of historical Latinity. "It was nexum, and the parties to the contract were said to be nexi." MAINE, ANCIENT LAW [Ed. 10, by Pollock], 328. Manilius, a Latin antiquarian, describes nexum as omne quad per libram et aes geritur, in quo sint mancipia, "every transaction with the copper and the balance, in which class are mancipia." VARRO, DE L. L. 7, 105. Mancipation was a conveyance, and Maine says that this …
Labor And The Law In The Public Utility Field, George Jarvis Thompson
Labor And The Law In The Public Utility Field, George Jarvis Thompson
Michigan Law Review
To the cynical this title may suggest a rhetorical antithesis, and the average citizen cannot but be a bit cynical as a result of his observation and experience of the actuality of the failure of the law to function for the preservation of the continuity of these essential public services in the frequently recurring outbreaks between organized capital and organized labor. In a great measure, he has only himself to blame for this unfortunate condition. He lent ear to the vote-seeking politician and to the propaganda of the interested parties, taking sides with one or the other without thought of …
Some Greek Legal Papyri From The Michigan Collection, A Er Boak
Some Greek Legal Papyri From The Michigan Collection, A Er Boak
Michigan Law Review
The documents which form the subject of this paper are part of the Michigan Collection of Papyri recently acquired by Professor F. W. Kelsey in Egypt and secured for the University by the generosity of the Regents and certain friends and alumni, among the latter Mr. J. W. Anderson, of the Law Class of 189o. A large proportion of these documents are of a legal nature, and from these I have selected for translation four, which may be regarded as typical specimens of their respective classes.
Neutrality Of British Dominions, C D. Allin
Neutrality Of British Dominions, C D. Allin
Michigan Law Review
The recent Cannes conference has revived the question of the -international status of the British dominions. Article IV of the proposed Anglo-French Alliance provided that "the present treaty shall impose no obligation upon any of the dominions of the British Empire unless and until it is approved by the dominion concerned." In short, the dominions were left free to pursue an independent foreign policy in European affairs.