Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page 8
Fourteen out of sixteen octavo volumes of the Revised Statutes in force in 1900 contained laws passed between 1800 and 1886 ... while the rights of infants , lunatics , married women , marriage and divorce , were fixed by statute .
Fourteen out of sixteen octavo volumes of the Revised Statutes in force in 1900 contained laws passed between 1800 and 1886 ... while the rights of infants , lunatics , married women , marriage and divorce , were fixed by statute .
Page 9
statute . These statutory provisions were not a mere restatement of the common law . They revised it and radically reformed it . The similarity to the process by which the Justinian reform of the Roman law was accomplished is striking ...
statute . These statutory provisions were not a mere restatement of the common law . They revised it and radically reformed it . The similarity to the process by which the Justinian reform of the Roman law was accomplished is striking ...
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 18
A Commission was created in 1923 “ to examine the statutes and judicial decisions of the State of New York ; to investigate any defects it may find in the present law and in its administration ; and to recommend such changes as are ...
A Commission was created in 1923 “ to examine the statutes and judicial decisions of the State of New York ; to investigate any defects it may find in the present law and in its administration ; and to recommend such changes as are ...
Page 19
The Ministry will devote itself not alone to bill - drafting to avoid obscurity , uncertainty and complexity in statutes , but it will consider from a disinterested and scientific standpoint all proposed amendments and improvements in ...
The Ministry will devote itself not alone to bill - drafting to avoid obscurity , uncertainty and complexity in statutes , but it will consider from a disinterested and scientific standpoint all proposed amendments and improvements in ...
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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.