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 49 - 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 earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Page 207 - ... to interfere with the operation or success of the military or naval forces of the United States...
Page 196 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a. clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Page 8 - States, any bar association or other learned bodies. 3. To receive and consider suggestions from judges, justices, public officials, lawyers and the public generally as to defects and anachronisms in the law. 4. To recommend, from time to time, such changes in the law as it deems necessary to modify or eliminate antiquated and inequitable rules of law, and to bring the law of this state, civil and criminal, into harmony with modern conditions.
Page 65 - Where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact, which the surrogate had ; and it may, in its discretion, receive further testimony or documentary evidence, and appoint a referee.
Page 10 - shall be (1) to promote uniformity in state laws on all subjects where uniformity is deemed desirable and practicable...
Page ix - But how much nobler will be the Sovereign's boast when he shall have it to say that he found law dear, and left it cheap ; found it a sealed book — left it a living letter ; found it the patrimony of the rich — left it the inheritance of the poor ; found it the two-edged sword of craft and oppression — 'left it the staff of honesty and the shield of innocence...
Page 64 - It shall thereupon render judgment of affirmance, judgment of reversal and final judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where it may be necessary or proper to grant a new trial or hearing, when it may grant a new trial or hearing.
Page 70 - ... by the personal representatives of the deceased patient, or if the validity of the last will and testament of such deceased patient is in question, by the executor or executors named in said will, or the surviving husband, widow or any heir-at-law or any of the next of kin, of such deceased, or any other party in interest.
Page 152 - The theory of our system is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, whether of private talk or public print.