Annals of the American Academy of Political and Social Science, Volumes 73-74A.L. Hummel, 1917 - Electronic journals |
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Page 5
... materials and workmen . ( c ) The system moving with dispatch and without friction because of coöpera- tion and redistribution of the strain . IV SOME OBSTACLES TO BE MET It has become a commonplace that litigation connotes delay . The ...
... materials and workmen . ( c ) The system moving with dispatch and without friction because of coöpera- tion and redistribution of the strain . IV SOME OBSTACLES TO BE MET It has become a commonplace that litigation connotes delay . The ...
Page 9
... not to adopt codes . Material was thus afforded for the draftsmen of ' See Minutes , American Bar Association , 1916 , p . 428 et seq . other states to use in formulating their own codes , SIMPLIFICATION OF MACHINERY OF JUSTICE 9.
... not to adopt codes . Material was thus afforded for the draftsmen of ' See Minutes , American Bar Association , 1916 , p . 428 et seq . other states to use in formulating their own codes , SIMPLIFICATION OF MACHINERY OF JUSTICE 9.
Page 45
... material available for selection from time to time to fill vacancies in the body of the judiciary itself . Irrespective , however , of these considerations , it is essential that the nature of this reform should be carefully set forth ...
... material available for selection from time to time to fill vacancies in the body of the judiciary itself . Irrespective , however , of these considerations , it is essential that the nature of this reform should be carefully set forth ...
Page 47
... material to any question in issue in the action , and to permit his opponent to inspect and take copies of such documents . This dis- closure is technically known as " discovery of documents , " and undoubtedly tends to save expense and ...
... material to any question in issue in the action , and to permit his opponent to inspect and take copies of such documents . This dis- closure is technically known as " discovery of documents , " and undoubtedly tends to save expense and ...
Page 57
... even unfortunate , ( 3 ) for the inducement that such chance of pro- motion would present to good material to offer for circuit and district judges , particularly the latter ; ( 4 ) because it is SIMPLIFICATION OF MACHINERY OF JUSTICE 57.
... even unfortunate , ( 3 ) for the inducement that such chance of pro- motion would present to good material to offer for circuit and district judges , particularly the latter ; ( 4 ) because it is SIMPLIFICATION OF MACHINERY OF JUSTICE 57.
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Common terms and phrases
action administration of justice agricultural allies American American Bar Association American Judicature Society amount Argentina Austria-Hungary average Bar Assn Bar Association bushels cause cent chief justice City Civil Civil Procedure club Commission Committee commodities Constitution consumer consumption coöperation cost crop demand diet division economic efficiency export fact farm farmers federal food supply Germany grain important increase industry interest judges Judicature judicial Judiciary Article jurisdiction jury labor lawyers legislative legislature litigation Maize material matter meat ment method milk million N. Y. St nation necessary neutral countries organization party Phi Delta Phi potato present principle problem procedure profit question reform regulation result Roscoe Pound Russia social Society standard statute sugar Supreme Court Sweden tion tons trade trial United United Kingdom University of Pennsylvania wages wheat York
Popular passages
Page 35 - Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
Page 36 - It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Page 37 - It can be of no weight to say that the courts, on the pretence of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature. This might as well happen in the case of two contradictory statutes ; or it might as well happen in every adjudication upon any single statute. The courts must declare the sense of the law ; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that...
Page 1 - In America, where the stability of Courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration.
Page 250 - Contracts, combinations, or conspiracies to control domestic enterprise in manufacture, agriculture, mining production in all its forms, or to raise or lower prices or wages, might unquestionably tend to restrain external as well as domestic trade, but the restraint would be an indirect result, however inevitable and whatever its extent, and such result would not necessarily determine the object of the contract, combination, or conspiracy.
Page 36 - ... judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution. It is not otherwise to be supposed, that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituents.
Page 35 - I agree, that (( there is no liberty, if the power of judging be not separated from the legislative and executive powers...
Page 87 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party...
Page 36 - ... the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents. Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution...
Page 38 - ... where the whole power of one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution are subverted.