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Articles 631 - 660 of 684
Full-Text Articles in Legal History
Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates
Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates
Michigan Law Review
History of the San Francisco Committee of Vigilance of 1851. By Mary Floyd Williams. University of California Publications in History, Volume XII. "Berkeley: The University of California Press. 192I. Pp. xii, 543.
Judges In The Executive Council Of Upper Canada, William Renwick Riddell
Judges In The Executive Council Of Upper Canada, William Renwick Riddell
Michigan Law Review
When in December, 1791, Upper Canada began her separate provincial career, her first Lieutenant-Governor, Colonel John Graves Simcoe, said that the Constitution of the Province was "the very image and transcript of that of Great Britain."'
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Michigan Law Review
The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Michigan Law Review
What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …
Statutes Of Edward I Their Relation To Finance And Administration, Nathan Isaacs
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 …
Book Reviews, William W. Cook, Edwin D. Dickinson, Joseph H. Drake, Wayne C. Williams
Book Reviews, William W. Cook, Edwin D. Dickinson, Joseph H. Drake, Wayne C. Williams
Michigan Law Review
This is a book that every lawyer should read and every law student should be required to read. It is the culminating work of a masterly mind that for over fifty years has been studying governments, ancient and modern,' and meantime the writer has had the practical advantage of holding high and responsible offices, including that of British Ambassador to the United States. Viscount Bryce speaks plainly of American national, state and municipal shortcomings in government, especially the last, but it is done in a kindly vein. He is a friend of America and gives us credit for much.
History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks
History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks
Michigan Law Review
Alone among the states of the Union, Michigan has, since i85o, pr6hibited any general revision of the laws and permits only a compilation of laws in force without alteration. As practically all the neighboring states, as well as New York, from which much of the early legislatiorf of Michigan was derived, have continued to revise their statutes from time to time, it may be interesting to see why Michigan alone has thought it desirable not only to stop the practice which it followed until I85o, but to prevent effectually its legislature from ever attempting it in the future.
Reading From Ancient Chinese Codes And Other Sources Of Chinese Law And Legal Ideas, John Wu
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 …
Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll
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.
Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner
Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner
Michigan Law Review
Just as the war has educated the public in geography, so the question of amending the organic law of the country has stimulated discussion concerning our own legal and political institutions. The amendments providing for the direct election of senators and for federal power to levy an income tax attracted little attention compared with the sudden interest in legal questions which the so-called prohibition amendment has aroused, for it touches upon a matter of very intimate personal concern to many people and one over which very heated controversies have raged. Matters involving, or which are made to involve, moral issues …
Book Reviews, Robert T. Crane, Edwin D. Dickinson, Grover C. Grismore, Henry M. Bates, Joseph H. Drake
Book Reviews, Robert T. Crane, Edwin D. Dickinson, Grover C. Grismore, Henry M. Bates, Joseph H. Drake
Michigan Law Review
Among all the writings that have appeared on the problem of preserving the order of world society, the most searching and the most illuminating is Hart's Bulwarks of Peace. Particularly in connection with any consideration of the plan of the Paris Covenant of the League of Nations, it compellingly arrests attention.
Doctrine Of Bad Faith In The Law Of Negotiable Instruments, George W. Rightmire
Doctrine Of Bad Faith In The Law Of Negotiable Instruments, George W. Rightmire
Michigan Law Review
This rule is now enacted in all but two of the states of the United States; the history of its development and of its application since it became undisputed is well illustrative of the process of the common law system, and this discussion is undertaken for the purpose of discovering the general principles which a trial court should have in mind when charging a jury in a case involving the application of this doctrine.
Judicial System Of Michigan Under Governor And Judges, W L. Jenks
Judicial System Of Michigan Under Governor And Judges, W L. Jenks
Michigan Law Review
When the Territory of Michigan came into existence July i, 1805, it found a system of jurisprudence in operation which had been adopted by the Governor and Judges of the Northwest Territory from the laws of Pennsylvania, due no doubt, to the fact that Gov. Arthur St. Clair had lived some years in that State, had been a member of its Board of Censors, a magistrate, and was familiar with its judicial system which provided a-Court of General Quarter Sessions of the Peace in each county composed of Justices of the Peace, a Court of Common Pleas in each County, …
Book Reviews, Edwin D. Dickinson
Book Reviews, Edwin D. Dickinson
Michigan Law Review
The collaboration in a literary and scholarly enterprise of Mr. Thomas Erskine Holland as editor, Mr. James L. Brierly as translator, and the Oxfor University Press as publisher was certain to produce a work of superior merit. They have in all respects outdone themselves in their sumptuous edition of Legnano's TRLACTATUS in the Classics of International Law. The volume contains a collotype of an early manuscript, a reproduction of the first edition, a revised Latin text, an English translation by Mr. Brierly, and an excellent biographical and bibliographical introduction by Mr. Holland. The editing has been done throughout with Mr. …
Adminsration Of Justice In The Lake Michigan Wilderness, George Pickard
Adminsration Of Justice In The Lake Michigan Wilderness, George Pickard
Michigan Law Review
There is a strange and quite unassembled story to be told of the part played by the administration of justice in the development of civilization out of the wilderness that surrounded the great Lake Michigan basin. This vast body of fresh water that now serves as an inter-communicating medium for great centers of modem life, was once only a great separating sea between long reaches of forests, infested with Indian tribes. Here and there were little clusters of cabins, inhabited by an adventurous people, who, within the span of two centuries, were submitted to the successive sways of three great …
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Michigan Law Review
Including (a) Warranty of Title, and (b) Warranty of Quality. Perhaps the most primitive commercial transaction affecting legal rights was the executed barter; in a more 'advanced state when money had been introduced, the executed sale.
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Michigan Law Review
The several forms of contract will be taken up in the following order: I. the Surety Contract, including (a) the creditor's rights against the debtor, (b) the creditor's rights to sue the surety, and (c) the surety's right of reimbursement; 2. the Warranty Contracts, including (a) warranty of title, and (b) warranty of quality; 3. the Contract of Court Record; 4. the Coitract of Plighted Faith; 5. the Pledge Contract; 6. the' "Delivery-Promise"; 7. the Written Contract; and 8. the "Earnest" Contract.
Supreme Court's Theory Of A Direct Tax, J H. Riddle
Supreme Court's Theory Of A Direct Tax, J H. Riddle
Michigan Law Review
The decision of the United States Supreme Court in the Pollock case of 1895 was the beginning of an attempt on the part of the court to formulate a new definition of a direct tax, and since that time in every case which has called for a decision as to whether a particular tax was a direct tax the court has reverted to and tried to harmonize its decision with the reasoning set forth in the Pollock case. This decision overturned a fairly definite and universally accepted definition of a direct tax which had existed for nearly a century. In …
English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross
English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross
Michigan Law Review
In view of the part which the judges played for a4d against the first two STUARTS, and in view of the grievances of the subject under the law as administered in the ordinary courts 2 -to say nothing of the Star Chamber and the High Commission-it was to be expected that, in the great political and religious upheaval resulting from the Puritan Revolution and the ensuing Civil War, the legal edifice could not remain unshaken. As is well known, one of the early acts of the Long Parliament, in the summer of 1641, was to ab6lish the Star Chambei, the …
Mild Punishments, Robert Mcmurdy
Mild Punishments, Robert Mcmurdy
Michigan Law Review
If life, freedom, or hope be taken from man, he is ashes. Therefore we ought not to take away any of them lightly. But some, restraint or punishment is necessary. We often miss our aim, however,'by prescribing punishments that are too severe, whereupon human nature revolts, so that it is "impossible to combine certainty with severity," a lesson we have long since learned from the experience of England.
Extension Of Judicial Review In New York, Edward S. Corwin
Extension Of Judicial Review In New York, Edward S. Corwin
Michigan Law Review
There are several reasons why it should be worth while to investigate the operation of the most unique of American governmental institutions in the most important state of the Union. For one thing, in the person of Chancellor KZN" New York furnished one of the founders of American Constitutional Law, while at the same time it was KzNT's fame that early gave New York decisions the importance they still retain in great part in the field of citation and precedent. Again it was YNT'S influence that inclined the fresh shoot of constitutional jurisprudence in New York in a conservative direction, …
The Attaint, John M. Zane
The Attaint, John M. Zane
Michigan Law Review
The assize of novel disseisinoriginally lay against the disseisor in possession in favor of the disseisee, and was soon extended to the heir of -the disseisee, but not against the heir or grantee of the disseisor. But the disseisor might be dead or might have conveyed the land, and in such a case the disseisee would be driven to the writ of right with iis delays and chance of battle. But the cases where the defendant had come into possession under a lawful title which was limited in time and had ceased to exist, i.. e., cases where there was …
The Attaint, John M. Zane
The Attaint, John M. Zane
Michigan Law Review
The practice of attainting a jury was the method by which for centuries the English law corrected an erroneous finding of fact by the body of men who, in course of time, came to be called a jury. Today this necessary corrective of judicial administration is very inadequately performed by the judge or judges presiding over the trial. The proceeding is now called a motion for a new trial. The new trial is inadequate for the reason that it does not, as did the attaint, substitute a correct verdict for the one given. It merely reverses or sets aside the …
Reception Of The Roman Law In Germany, Charles Sumner Lbingier
Reception Of The Roman Law In Germany, Charles Sumner Lbingier
Michigan Law Review
As in other countries. it was the universities which prepared the way for the Reception of Roman Law in Germany. Many of those great institutions which still .lead the world in learning date from about the middle of the thirteenth century, and instruction in foreign law was offered from the beginning. At first the emphasis was placed on the Canon law -but chairs of Roman law were established at Heidelberg in 1387, at Basel in 146o, at Ingolstadt in 1472, at Tfibingen in 1477, at Freiburg in 1479, at Vienna in 1493 and at Greifswald in 1498, and were filled …
Year Book Of Richard Ii, John M. Zane
Year Book Of Richard Ii, John M. Zane
Michigan Law Review
The Publication of a year book in this country is an event for our legal scholarship. The trustees of the Ames Foundation in a spirit that is Worthy of the great legal scholar in whose honor the foundation was instituted, have made the publication possible, but it is to be inferred from the Introduction by the Editor that the book was not prepared at their instance. He tells us that he has had, for correcting various inaccuracies, the assistance of certain members of the Harvard law faculty, but it is not to be supposed that they have given a critical …
Early History Of Equity, W S. Holdsworth
Early History Of Equity, W S. Holdsworth
Michigan Law Review
Mr W. T. BARBOUR'S Essay on the History of Contract in early English Equity, which has been published this year in Oxford Studies in Social and Legal History, is one of the most, if not the most, valuable of the contributions to English Legal History which has yet appeared in that series. Mr. BARBOUR is to be congratulated on his first appearance in a field in which the harvest, though somewhat difficult to collect, is very abundant,-- in a field in which the labourers are all too few. I think too that the Essay is important not only because it …
English Judicature Act Of 1873, Willis B. Perkins
English Judicature Act Of 1873, Willis B. Perkins
Michigan Law Review
It seems to be the general impression that reform in judicial procedure is a new and radical thing in the history of jurisprudence. This is far from the fact. It is as old as jurisprudence itself. From Solon to Justinian, from Justinian to the Magna Charta, from the Magna Charta to Bentham, from Bentham to Field, and in every civilized country, radical changes have taken place from time to time, touching both procedure and substantive law. Court systems have been codified, systematized and rearranged to meet advancing and changing social and industrial conditions. From the religious ceremonies, constituting the methods …
Debt Of The Modern Law Of Guardianship To Roman Law, Charles P. Sherman
Debt Of The Modern Law Of Guardianship To Roman Law, Charles P. Sherman
Michigan Law Review
The Roman law of guardianship grew out of the family organization. It is also quite closely connected with the law of inheritance. The power of a guardian is that form of family power which ordinarily takes the place of paternal power when there is no one to exercise the latter. It was originally at Rome but an extension of the paternal power. In this respect the conception of guardianship is different in English law -- English guardianship rests on the principle of protecting the bodily and mental immaturity of youth.
Debt, Assumpsit, And Consideration, W S. Holdsworth
Debt, Assumpsit, And Consideration, W S. Holdsworth
Michigan Law Review
Lord Mansfield is said to have remarked that "nothing in law is so apt to mislead as a metaphor;"' and if the remark is applied to branches of the law, the principles of which are fully developed and abundantly illustrated by decided cases, it is doubtless very true. But the historian of law, who looks at the efforts of the courts to create these principles 'by the expansion and adaptation of a few narrow remedies, will not be inclined to undervalue the use of the metaphor or analogy, 'when used to give effect to the requirements of public policy, and …
Ingenuity Of The Infringer And The Courts, Edward S. Rogers
Ingenuity Of The Infringer And The Courts, Edward S. Rogers
Michigan Law Review
The person who imitates a trademark has by common consent come to be described as a "pirate." At the time the designation was first applied, it was more or less appropriate. The pirate saw and coveted his neighbor's successful business, and like any MORGAN, TEACH, SHARKEY, or L'OLLONOIS, sighting a fat galleon laden with plate wallowing in the trade winds, homeward bound from the Indies, he laid himself alongside and took what he wanted. He counterfeited marks and labels as exactly as he could, not as he dared. There was no limit to his impudence. He was deterred only by …