Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page 4
Lord Eldon's docket was three years behind and appeals in the House of Lords had been waiting ten years to be heard . On the common law side of the courts abuses were no less flagrant . In 1800 there existed in the substantive law ...
Lord Eldon's docket was three years behind and appeals in the House of Lords had been waiting ten years to be heard . On the common law side of the courts abuses were no less flagrant . In 1800 there existed in the substantive law ...
Page 19
... and as to the want of contact between those who are responsible for the administration of the work of the Commercial Courts and the mercantile community . .. Judge Cardozo , of the New York Court of Appeals , has very aptly ...
... and as to the want of contact between those who are responsible for the administration of the work of the Commercial Courts and the mercantile community . .. Judge Cardozo , of the New York Court of Appeals , has very aptly ...
Page 27
In England since appeals in criminal cases have been taken to the Court of Criminal Appeal , presided over by the Chief Justice of England , criminal cases , even those of a sensational character , have been disposed of with remarkable ...
In England since appeals in criminal cases have been taken to the Court of Criminal Appeal , presided over by the Chief Justice of England , criminal cases , even those of a sensational character , have been disposed of with remarkable ...
Page 28
It dismisses briefly the numerous grounds of appeal such as alleged errors in the instructions of the court and in rulings upon evidence with the formula “ It was obvious that the sole reason why the case came before the court was that ...
It dismisses briefly the numerous grounds of appeal such as alleged errors in the instructions of the court and in rulings upon evidence with the formula “ It was obvious that the sole reason why the case came before the court was that ...
Page 30
... appeals ; and they frequently seek relief for their clients by special legislation having little or no relation to the general welfare . But for the voluminousness of law reports a large responsibility must fall on the judges .
... appeals ; and they frequently seek relief for their clients by special legislation having little or no relation to the general welfare . But for the voluminousness of law reports a large responsibility must fall on the judges .
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Popular passages
Page 63 - Of law there can be no less acknowledged than that her seat is the bosom of God; her voice the harmony of the world: All things in heaven and in earth do her homage,—the very least as feeling her care and the greatest as not exempted from her power;—both angels and men, and creatures of what condition
Page 63 - earth do her homage,—the very least as feeling her care and the greatest as not exempted from her power;—both angels and men, and creatures of what condition soever —though each in different sort and manner, yet all with uniform
Page 210 - repaying fines that it imposed. Only the emergency that makes it immediately dangerous to leave the correction of evil counsels to time warrants making any exception to the sweeping command, 'Congress shall make no law abridging the freedom of speech.' Of course I am speaking only of
Page 63 - angels and men, and creatures of what condition soever —though each in different sort and manner, yet all with uniform concert,—admiring her as the mother of their peace and joy.
Page 205 - The Statute of 1917, in Sec. 4, punishes conspiracies to obstruct as well as actual obstruction. If the act (speaking, or circulating a paper), its tendency and the intent with which it is done are the same, we perceive no ground for saying that success alone warrants making the act a crime.
Page 161 - argument in open court, and not by any outside influence, whether of private talk or public print. What is true with reference to a jury is true also with reference to a court. Cases like the present are more likely to arise, no doubt, when there is a jury and the publication may
Page 9 - This is the Court of Chancery, which has its decaying houses and its blighted lands in every shire which has its worn-out lunatics in every madhouse, and its dead in every churchyard, which has its ruined suitor with his slipshod heels and threadbare dress borrowing and begging through the round of every
Page 9 - acquaintance; which gives to moneyed might the means abundantly of wearing out the right, which so exhausts finances, patience, courage, hope, so overthrows the brain and breaks the heart that there is not an honorable man among its practitioners who would not give, who does not often give the
Page 11 - It was the boast of Augustus that he found Rome of brick and left it of marble. How much nobler will be the Sovereign's boast when he shall have to say that he found law dear and left it cheap; found it a sealed book,
Page 210 - I wholly disagree with the argument of the Government that the First Amendment left the common law as to seditious libel in force. History seems to me against the notion. I had conceived that the United States through many years had shown its repentance for the Sedition Act of 1798,