Rule of Law Commons^™

Mcdougal & Feliciano: Law And Minimum World Public Order, Claude B. Mickelwait

Michigan Law Review

A Review of Law and Minimum World Public Order. By Myres S. McDougal and Florentino P. Feliciano

Soviet Legal Institutions: Doctrines And Social Functions, Kazimierz Grzybowski

Michigan Legal Studies Series

This book represents the highlight of a career of scholarship by its author and a most significant contribution to the literature, which will bring to those who seek it an understanding of the role law plays in Soviet Russia. More important, it will bring that understanding in a comparative context which sharpens the impact and compels a careful analysis of the social function legal institutions perform in both systems. Though Soviet jurists may deny the validity of comparative methodology as applied to the Soviet legal order, the analysis which is here presented proves not only that comparisons are possible but …

International Commission Of Jurists: The Rule Of Law In A Free Society: A Report On The International Congress Of Jurists, William B. Harvey

Michigan Law Review

A Review of The Rule of Law in a Free Society: a Report on the International Congress of Jurists. Geneva, Switzerland: International Commission of Jurists, 1960.

"Congress Shall Make No Law…":Ii, O. John Rogge

Michigan Law Review

The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.

One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …

"Congress Shall Make No Law..."*, O. John Rogge

Michigan Law Review

It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.

Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson

Michigan Law Review

A Review of The Blessings of Liberty. By Zechariah Chafee, Jr.

Social Scientists Take The Stand: A Review And Appraisal Of Their Testimony In Litigation, Jack Greenberg

Michigan Law Review

"How to inform the judicial mind, as you know, is one of the most complicated problems,'' said Justice Frankfurter during argument of the school segregation cases. And as law deals more and more with issues of great public consequence the judiciary's need for knowledge increases. Much of this knowledge is within the realm of what are called the social sciences.

Although jurisprudents and social scientists have long complained of a gulf between law and social science, little notice has been given to the recent, recurrent collaboration between the two at the trial level. In a variety of cases social scientists' …

Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith

Michigan Law Review

Is candidacy for an elective office such a special occasion as to confer conditional privilege (prima facie protection) upon charges affecting the moral character of the candidate?

Theory Of Popular Sovereignty, Harold J. Laski

Michigan Law Review

Alexis de Tocqueville has wisely insisted upon the natural tendency of men to confound institutions that are necessary with institutions to which they have grown accustomed.' It is a truth more general in its application than he perhaps imagined. Certainly the student of political and legal ideas will in each age be compelled to examine theories which are called essential even when their original substance has, under pressure of new circumstance, passed into some allotropic form. Anyone, for instance, who analyses the modern theory of consideration will be convinced that, while judges do homage to an ancient content, they do …