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Articles 9331 - 9360 of 10011

Full-Text Articles in Legal History

Has The Constitution Gone?, John A. Fairlie May 1935

Has The Constitution Gone?, John A. Fairlie

Michigan Law Review

As far back as 1828, Chief Justice Marshall is quoted as saying: "Should Jackson be elected, I shall look upon the government as virtually dissolved." A few years later, when Taney was appointed Chief Justice by Jackson, Daniel Webster wrote: "Judge Story thinks the Supreme Court is gone, and I think so too." Soon afterwards, when the newly constituted Court rendered decisions upholding statutes from which Story dissented, the latter wrote to Judge McLean: "There will not, I fear, ever in our day, be any case in which a law of a State or of Congress will be declared …

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Letter, 1935-04-28, Arthur Gaines To George L. Gaines; Discusses Family Health And Finances., Arthur Gaines Apr 1935

Letter, 1935-04-28, Arthur Gaines To George L. Gaines; Discusses Family Health And Finances., Arthur Gaines

Gaines Family Correspondence

No envelope. 4 page letter on lined paper with pencil. Addressed from R.F.D.4 Box #20, Oxford, Miss., April 28, 1935. Discusses family health and finances.

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The Effect Of Inflation On Private Contracts: United States, 1861-1879, John P. Dawson, Frank E. Cooper Apr 1935

The Effect Of Inflation On Private Contracts: United States, 1861-1879, John P. Dawson, Frank E. Cooper

Michigan Law Review

The Northern inflation coincided almost exactly in its early stages with the inflation in the South, and was produced by the same basic factor - a budgetary deficit due to war expenditure. The financial mobilization of the North was handicapped at the outset by a deficit inherited from the previous administration and by an impaired national credit. The prompt response of the Northern banks enabled the Treasury to overcome this initial handicap and to finance the greatly increased expenditure through the early months of the war. How long orthodox methods of borrowing would have sufficed has been ever since a …

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The Effect Of Inflation On Private Contracts: United States, 1861-1879, John P. Dawson, Frank E. Cooper Mar 1935

The Effect Of Inflation On Private Contracts: United States, 1861-1879, John P. Dawson, Frank E. Cooper

Michigan Law Review

The American Civil War provides ample material for studying the legal consequences of currency depreciation. The sudden demands of war on government budgets made it necessary in both North and South to issue a large volume of paper money, which produced a general rise in prices, a premium on gold, and all the other indices of major monetary inflation. American history had already illustrated the dangers in the use of unstable monetary standards and in too rapid an expansion of the monetary supply. The period of the Civil War is of peculiar interest to lawyers, however, because the record of …

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Letter, 1935-02-13,Lloyd Gaines To George L. Gaines; Discusses Lloyd's Financial Situation And Need For Money For School At Lincoln University., Lloyd L. Gaines Feb 1935

Letter, 1935-02-13,Lloyd Gaines To George L. Gaines; Discusses Lloyd's Financial Situation And Need For Money For School At Lincoln University., Lloyd L. Gaines

Gaines Family Correspondence

No envelope. 1 page note on 3x6 index card, blue ink. Misc. notes on back of card. Addressed from Lincoln University, Feb. 13th, 1935. Discusses Lloyd's financial situation and need for money for school at Lincoln University.

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The Delegation Of Federal Legislative Power To Executive Officials, Theodore W. Cousens Feb 1935

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.

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Letter, Lloyd Gaines To George L. Gaines; Discusses Lloyd's Financial Situation In Light Of Unidentified Tension Between Lloyd And His Brother George., Lloyd L. Gaines Jan 1935

Letter, Lloyd Gaines To George L. Gaines; Discusses Lloyd's Financial Situation In Light Of Unidentified Tension Between Lloyd And His Brother George., Lloyd L. Gaines

Gaines Family Correspondence

No envelope. 4 page letter on 3x6 paper, blue ink. No date indicated. Discusses Lloyd's financial situation in light of unidentified tension between Lloyd and his brother George.

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Notes On Courts Of Record In England, S. E. Thorne Jun 1934

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

West Virginia Law Review

No abstract provided.

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The Constitutionality Of New Deal Measures, Clarence Emmett Manion May 1934

The Constitutionality Of New Deal Measures, Clarence Emmett Manion

Journal Articles

In this article, Clarence Manion warns that to honor the Constitution's form but not its substance is to essentially destroy the document. He opines that "Regulation of persons and things is never justified nor justifiable as an end in itself. Regulation for the sake of regulation is paternalism; but regulation as the only means for individual protection is a bulwark of our traditional American liberty. Regulation finds its only justification in the proof of the fact that it is a necessary means for adequate protection of the citizen's rights.

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Banking Reform By Statute, Robert G. Rodkey May 1934

Banking Reform By Statute, Robert G. Rodkey

Michigan Law Review

The lamentable failure of our banking system to function satisfactorily in the performance of its duties to the public raises at the outset two kinds of questions. Is there something fundamentally unsound about the structure of our banking machinery or does the trouble reside merely in a lack of understanding on the part of bankers of the proper management of the detailed activities in which banks necessarily engage? Or may the unsatisfactory result be ascribed to a combination of these two alternatives? The position taken in this paper is that the structure of our banking system is inherently unsound and …

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New Possibilities Of Old Materials Of American Legal History, Roscoe Pound Apr 1934

New Possibilities Of Old Materials Of American Legal History, Roscoe Pound

West Virginia Law Review

No abstract provided.

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The Sources Of Early American Law: Colonial Period, Richard B. Morris Apr 1934

The Sources Of Early American Law: Colonial Period, Richard B. Morris

West Virginia Law Review

No abstract provided.

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The Unpublished Sources For Early American Legal History, Charles J. Hilkey Apr 1934

The Unpublished Sources For Early American Legal History, Charles J. Hilkey

West Virginia Law Review

No abstract provided.

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Interim Report Of Committee On Legal History Of The West Virginia Bar Association, E. G. Smith Apr 1934

Interim Report Of Committee On Legal History Of The West Virginia Bar Association, E. G. Smith

West Virginia Law Review

No abstract provided.

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The Evolution And Devolution Of Public Utility Law, Edwin C. Goddard Mar 1934

The Evolution And Devolution Of Public Utility Law, Edwin C. Goddard

Michigan Law Review

As long ago as 1873, and very likely even earlier, courts were speaking of the public utility in the sense of the public convenience or advantage, a New Jersey court saying, "these prerogatives (of railway corporations) are grants from the government, and public utility is the consideration for them." This has been often quoted by other courts, notably by your Judge Atherton in the famous case of Scofield v. Railway in 1885. But the term "public utility'' as applied to plants or corporations rendering a public service is very new. It is not to be found in the 1904 edition …

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Precedents' Place In Latin Law, Gordon Ireland Feb 1934

Precedents' Place In Latin Law, Gordon Ireland

West Virginia Law Review

No abstract provided.

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Los Bonos Del Mercado Único Y La Ley De Moratoria Hipotecaria, Rafael Maruri Y Valdivia, Ismael Boschmonar Y Pestana Jan 1934

Los Bonos Del Mercado Único Y La Ley De Moratoria Hipotecaria, Rafael Maruri Y Valdivia, Ismael Boschmonar Y Pestana

Mario Diaz Cruz Pamphlets

No abstract provided.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1934, Volume 4, Kentucky. General Assembly. House Of Representatives. Jan 1934

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1934, Volume 4, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Letter, 1933-12-15, George L. Gaines To Lloyd Gaines; Discusses Family Life And Health., George L. Gaines Dec 1933

Letter, 1933-12-15, George L. Gaines To Lloyd Gaines; Discusses Family Life And Health., George L. Gaines

Gaines Family Correspondence

No envelope. Addressed from 3632 W. Belle Pl., St. Louis, 9110, Dec. 15, 1933. 2 page letter on American Royal De luxe Burlington Flyer stationery. Discusses family life and health.

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Clogging The Equity Of Redemption, C. C. Williams Jr. Dec 1933

Clogging The Equity Of Redemption, C. C. Williams Jr.

West Virginia Law Review

No abstract provided.

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Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches Jun 1933

Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches

Michigan Law Review

May the littoral owner whose summer cottage abuts on one of the Great Lakes bring actions of trespass quare clausum against pedestrians who traverse the sand beach which lies at the aquatic terminus of his property? To state the same problem in different form, may he build a lateral line fence designed to exclude the public from that segment of the lake-side beach which he claims as his? The question has never been directly decided by the supreme court of any State, yet it is a source of constant strife between littoral owners who desire privacy and seclusion, and strolling …

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The Emergency Railroad Transportation Act, 1933, Edwin C. Goddard Jun 1933

The Emergency Railroad Transportation Act, 1933, Edwin C. Goddard

Michigan Law Review

From Munn v. Illinois to the Emergency Railroad Transportation Act of 1933 has been a long journey traveled by the public and the public utilities, notably the largest public utility, the railroads. In 1876 the very term "public utility" was unknown. The idea that the public could break in on laissez faire and regulate any business was to the persons regulated, and to their lawyers, odious. With them agreed Justices Field, Brewer, Peckham, and many another, who predicted that the public would not long tolerate such interference with business. But prophecy is hazardous, and these prophets were wrong.

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Undiscovered Fraud And Statutes Of Limitation, John P. Dawson Mar 1933

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 …

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The Study Of American Legal History, Joseph H. Beale Feb 1933

The Study Of American Legal History, Joseph H. Beale

West Virginia Law Review

No abstract provided.

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The Story Of The Constitution, C. H. Ambler Feb 1933

The Story Of The Constitution, C. H. Ambler

West Virginia Law Review

No abstract provided.

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A Great Opportunity For Lawyers, Thomas Frank Konop Jan 1933

A Great Opportunity For Lawyers, Thomas Frank Konop

Journal Articles

The lawyer-statesmen who drafted our Constitution had a greater task. The lawyer-statesmen who piloted us through a Civil War, through a Reconstruction Period, and through the World War, had equally difficult problems. Will the lawyer of today assume a leadership? Will he assume a duty and a responsibility for service? Will he heed an op- portunity and thus bring a lasting tribute to the profession?

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The Contribution Of Thomas M. Cooley To Bryce's "American Commonwealth", Everett S. Brown Jan 1933

The Contribution Of Thomas M. Cooley To Bryce's "American Commonwealth", Everett S. Brown

Michigan Law Review

In the preface to The American Commonwealth, James Bryce acknowledged his indebtedness to numerous friends who, in one way or other, aided him in the writing of his book. First on this list is the name of Thomas M. Cooley. An examination of the text and footnotes of The American Commonwealth shows that Bryce was well acquainted with Cooley's published works, especially his Constitutional Limitations and his General Principles of Constitutional Law, which he quoted frequently with approval and respect. Also one finds six references to letters from Judge Cooley or to observations made directly by him to Bryce. But …

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The Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin M. Borchard Dec 1932

The Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin M. Borchard

Michigan Law Review

In a recent Michigan case the seller of a boiler, claiming a chattel mortgage therein for the unpaid purchase price, brought an action against the person who had bought the boiler at a bankruptcy sale of the property of the original buyer for a declaration that the plaintiff had the right to possession, or in the alternative, that the defendant was under a duty to pay the balance of the original purchase price. The defendant claimed to be the owner free of the mortgage. A majority of the Michigan Supreme Court, on its own motion, for the propriety of the …

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Legislative Committees And Commissions In The United States, John A. Fairlie Nov 1932

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 …

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Comment Upon Failure Of Accused To Testify, Robert P. Reeder Nov 1932

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 …

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