Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page 1
However general may be the complaint of the administration of justice , legislators , who must pass necessary measures of reform , will not take an interest unless definite concrete remedies are formulated and their adoption insisted ...
However general may be the complaint of the administration of justice , legislators , who must pass necessary measures of reform , will not take an interest unless definite concrete remedies are formulated and their adoption insisted ...
Page 2
For nearly a thousand years it was developed through the decisions of judges , particularly the Praetors , and the edicts of Emperors , until , in the reign of Justinian it became necessary to eliminate uncertainties , anachronisms and ...
For nearly a thousand years it was developed through the decisions of judges , particularly the Praetors , and the edicts of Emperors , until , in the reign of Justinian it became necessary to eliminate uncertainties , anachronisms and ...
Page 18
... but it will also secure for the work as it is published the position necessary to enable it to accomplish the purposes of its creation . " And that the responsibility of those undertaking the work is fully realized is clear from the ...
... but it will also secure for the work as it is published the position necessary to enable it to accomplish the purposes of its creation . " And that the responsibility of those undertaking the work is fully realized is clear from the ...
Page 29
It is hardly necessary to give figures . The enormity of the abuse and the confusion it is causing is admitted by all . Bar associations and lawyers generally began to take notice of it long ago and many remedies have been suggested .
It is hardly necessary to give figures . The enormity of the abuse and the confusion it is causing is admitted by all . Bar associations and lawyers generally began to take notice of it long ago and many remedies have been suggested .
Page 33
In some of the epoch - making decisions of Chief Justice Marshall the doctrine of implied powers which has done more than anything else to fashion our nation into a firm union of states , was established by considerations not necessary ...
In some of the epoch - making decisions of Chief Justice Marshall the doctrine of implied powers which has done more than anything else to fashion our nation into a firm union of states , was established by considerations not necessary ...
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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,