Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page 23
... judicial . But there are outstanding phases of the administra- tion of criminal justice in this country which account for some of its most glaring deficiencies . These have been pointed out with striking completeness and authority in a ...
... judicial . But there are outstanding phases of the administra- tion of criminal justice in this country which account for some of its most glaring deficiencies . These have been pointed out with striking completeness and authority in a ...
Page 31
... judicial exuberance . He classifies judicial opinions thus : " There is the type magisterial or impera- tive ; the type laconic or sententious ; the type con- versational or homely ; the type refined or artificial , smelling of the lamp ...
... judicial exuberance . He classifies judicial opinions thus : " There is the type magisterial or impera- tive ; the type laconic or sententious ; the type con- versational or homely ; the type refined or artificial , smelling of the lamp ...
Page 32
... judicial mind in all its phases , the log- ical , the emotional , the prejudiced , the personal , the in- formed and the uninformed ; -in case of doubt as to an argument , the temptation is " to put it in . " There is a familiar ...
... judicial mind in all its phases , the log- ical , the emotional , the prejudiced , the personal , the in- formed and the uninformed ; -in case of doubt as to an argument , the temptation is " to put it in . " There is a familiar ...
Page 33
... judicial history , in the sense I have indicated , have been obiter dicta . 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 ...
... judicial history , in the sense I have indicated , have been obiter dicta . 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 ...
Page 34
... should both actuate and restrain judicial action . But arguments used by dissenting judges are seized upon in future cases in such a way that the authority of the majority opinion becomes less stable . In the highest court [ 34 ] LAW ...
... should both actuate and restrain judicial action . But arguments used by dissenting judges are seized upon in future cases in such a way that the authority of the majority opinion becomes less stable . In the highest court [ 34 ] LAW ...
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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,