Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page v
Some of these have been put into effect by legislation ; more frequently , however , they have fallen the victim to legislative inertia . In the essays and addresses in this collection divers anomalies and defects of the law or its ...
Some of these have been put into effect by legislation ; more frequently , however , they have fallen the victim to legislative inertia . In the essays and addresses in this collection divers anomalies and defects of the law or its ...
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 10
... Procedure have continued to be of absurd bulk and full of minute classifications , while the time of the courts has been occupied to an intolerable extent in attempting to construe legislative language , frequently not very lucid .
... Procedure have continued to be of absurd bulk and full of minute classifications , while the time of the courts has been occupied to an intolerable extent in attempting to construe legislative language , frequently not very lucid .
Page 14
And since the bar , as a group , has little political potentiality , its efforts frequently fail ; and it is not always itself a unit . Many lawyers ( and they are frequently found in legislative bodies ) oppose reforms ( 14 ) LAW ...
And since the bar , as a group , has little political potentiality , its efforts frequently fail ; and it is not always itself a unit . Many lawyers ( and they are frequently found in legislative bodies ) oppose reforms ( 14 ) LAW ...
Page 15
they are frequently found in legislative bodies ) oppose reforms because changes will require them to unlearn procedure which has sometimes given them advantages not enjoyed by those less skilled in anachronistic subtleties ; and they ...
they are frequently found in legislative bodies ) oppose reforms because changes will require them to unlearn procedure which has sometimes given them advantages not enjoyed by those less skilled in anachronistic subtleties ; and they ...
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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.