Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page 1
... necessary measures of reform , will not take an interest unless def- inite concrete remedies are formulated and their adoption insisted upon by public opinion . History shows that great law reforms are accom- plished only after long ...
... necessary measures of reform , will not take an interest unless def- inite concrete remedies are formulated and their adoption insisted upon by public opinion . History shows that great law reforms are accom- plished only after long ...
Page 2
... necessary to eliminate uncertainties , anachronisms and confusion and to for- mulate in a code what in the course of centuries had come to be largely the common or judge - made law of the Roman Empire . Restatements of the law had been ...
... necessary to eliminate uncertainties , anachronisms and confusion and to for- mulate in a code what in the course of centuries had come to be largely the common or judge - made law of the Roman Empire . Restatements of the law had been ...
Page 18
... 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 further statement : " As Mr. Root has ably and clearly pointed out , the ...
... 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 further statement : " As Mr. Root has ably and clearly pointed out , the ...
Page 29
... 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 . In 1914 the ...
... 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 . In 1914 the ...
Page 33
... necessary to the settlement of the concrete contro- versy before the Court . But it is only the giant artificers that may set at naught the sound rule that dicta are to be avoided . With a somewhat different purpose Judge Cardozo has ...
... necessary to the settlement of the concrete contro- versy before the Court . But it is only the giant artificers that may set at naught the sound rule that dicta are to be avoided . With a somewhat different purpose Judge Cardozo has ...
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administration of justice adopted amendments American Bar Association American Law Institute American lawyers appeal attention attorney barristers bulletin causes character Chief Justice civil Code Committee common law Congress Constitution contest counsel crime criminal decisions defeat defendant dissenting domestic relations courts effect effort enacted England English Espionage Act established expense experience fact federal courts Frohwerk function important improvement institutions interest judges judicial Judiciary jurisdiction jurisprudence jury trial Justice Holmes law reform lawyers League League of Nations legal aid societies legislative legislature litigation Lord matters ment method N. Y. Supp nations newspapers party persons political practice present President principles procedure proceedings profession professional provisions public opinion question remedy result rules of evidence Senate small claims courts solicitors statement statute supra note Supreme Court Surrogate tend tendency testamentary capacity testator tice tion tribunals truth United witness World Court York
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,