Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page 10
Neither in New York nor elsewhere have legislatures been willing to trust the courts very extensively with the highly important function of enacting rules of procedure , and they have continued to attempt by statute to regulate minor ...
Neither in New York nor elsewhere have legislatures been willing to trust the courts very extensively with the highly important function of enacting rules of procedure , and they have continued to attempt by statute to regulate minor ...
Page 20
It will be perceived that the functions of the proposed Ministry of Justice would be broader than those of the Law Institute , for they would extend to the whole body of the law , both substantive and procedural .
It will be perceived that the functions of the proposed Ministry of Justice would be broader than those of the Law Institute , for they would extend to the whole body of the law , both substantive and procedural .
Page 21
... that our movement is not merely legally desirable , but is governmentally indispensable if our nation , as we know it , is to continue to function in its historic form under the Constitution of the United States .
... that our movement is not merely legally desirable , but is governmentally indispensable if our nation , as we know it , is to continue to function in its historic form under the Constitution of the United States .
Page 23
... and finally newspaper crusades or “ trial by newspaper , ” in which the press assumes the functions of detective , lawyer and judge , in its manifest effort to create public opinion concerning a pending trial .
... and finally newspaper crusades or “ trial by newspaper , ” in which the press assumes the functions of detective , lawyer and judge , in its manifest effort to create public opinion concerning a pending trial .
Page 25
The functions of the judge and of the jury supplement each other . ... If the court is shorn . here of its traditional power it will cease to perform its most useful function . Even in those jurisdictions where the power has not been ...
The functions of the judge and of the jury supplement each other . ... If the court is shorn . here of its traditional power it will cease to perform its most useful function . Even in those jurisdictions where the power has not been ...
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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,
Bibliographic information
| Title | Law Reform: Papers and Addresses by a Practicing Lawyer |
| Author | Henry Waters Taft |
| Publisher | Macmillan, 1926 |
| Original from | the University of Michigan |
| Digitized | 12 Jun 2006 |
| Length | 265 pages |
| Export Citation | BiBTeX EndNote RefMan |