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American Enterprise in the European Common Market: A Legal Profile. Volume 1.
Eric Stein and Thomas L. Nicholson
The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of their clients' expanding activities, confront for the first time the problems of trading with and trading in the European Common Market. It is designed to give them an over-all picture of the new legal framework of the Market itself and of the laws of business organization, labor relations, industrial property, competition, and taxation which prevail there. With this background American lawyers should be better able to select and use the services of the European experts on whom they must, of course, depend for definitive counsel.
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American Enterprise in the European Common Market: A Legal Profile. Volume 2.
Eric Stein and Thomas L. Nicholson
The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of their clients' expanding activities, confront for the first time the problems of trading with and trading in the European Common Market. It is designed to give them an over-all picture of the new legal framework of the Market itself and of the laws of business organization, labor relations, industrial property, competition, and taxation which prevail there. With this background American lawyers should be better able to select and use the services of the European experts on whom they must, of course, depend for definitive counsel.
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Legal Education at Michigan, 1859-1959
Elizabeth G. Brown
First opening its doors in 1859, the University of Michigan Law School has now accumulated a full century of experience in educating young men and young women for the practice of law. Two years ago, the law faculty, taking note of the approach of the Centennial year, established a research project under the financial auspices of the William W. Cook Endowment Fund, in order to engage in a serious study of all aspects of the school's activities down the years, and to prepare a complete and definitive report on this first century of history. In charge of the project and supervising it throughout has been Professor William Wirt Blume, a long-time member of the law faculty and a legal historian of ripened experience and repute. He was fortunate in obtaining the services of Mrs. Elizabeth Brown, a law graduate who, as the research associate in immediate charge, has displayed great skill and infinite thoroughness in assembling the history, preparing the charts, graphs and statistical compilations, and writing the manuscript for the volume.
Mrs. Brown has explored all of the pertinent records of the school and its activities, and there are at least some records from the very beginning. Her researches have covered the proceedings of the Board of Regents, the minutes of the law faculty (available from 1895 to date), committee reports of the law faculty, annual reports of the Dean to the President and Board of Regents, annual announcements of the Law School from 1883 to date, the catalogue (sometimes called the calendar) of the University of Michigan, 1859 to date, and all of the internal student and other records of the Law School itself from the date of opening the doors in October of 1859. These have served as the basic materials for this volume.
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Atoms and the Law
E. Blythe Stason, Samuel D. Estep, and William J. Pierce
Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers of the Atomic Energy Commission, the censoring of scientific information, liability for radiation injuries to persons and property, patent rights, state regulatory activities, imd other areas of possible interest.
In July 1951 the Michigan Memorial-Phoenix Project, the University's major program of research in all phases of peaceful uses of the atom, made a substantial grant in support of the proposed study of legal problems. The law faculty group, consisting at the outset of Professors Samuel D. Estep, William ]. Pierce, and the undersigned, organized and embarked upon the program. Later Professors Eric Stein and William W. Bishop were added. A small research staff was recruited and the studies were commenced, beginning with an intensive examination of the legislative history of the Atomic Energy Act of 1946.
In the summer of 1952, an Institute on Industrial and Legal Problems of Atomic Energy was organized and held in the Law Quadrangle in Ann Arbor. This proved to be one of the earliest of the many conferences held in this country resulting from the development of atomic enterprise, and it served to give very great stimulus to the research work being carried on within the staff of the Law School. The proceedings were published by the School and were widely distributed.
In 1956 a second summer conference was held, this time a "workshop," with a prepared agenda and working papers distributed in advance to the invited participants, who included not only lawyers but also engineers, A. E. C. staff members, scientists, health officials, and economists-a truly "inter-disciplinary" undertaking. The objective was to elicit concentrated thinking and interchange of ideas between knowledgeable people concerning atomic legal problems, and to precipitate these ideas in concrete form for the guidance of those responsible for current legal developments in the field. Again, proceedings were published and were widely distributed.
Throughout the years manuscripts on various phases of the subject have been prepared by the research staff or by the members of the faculty engaged in the project. Little by little the materials, which now emerge as this volume entitled Atoms and the Law, took shape in manuscript ·form. Principal interest finally centered on tort liability for radiation injuries, workmen's compensation for such injuries, federal statutory and administrative provisions regulating atomic activities, state regulation of atomic energy, and finally, in the later years, the international aspects of the subject. These became principal headings in the volume which is now being published.
As the project unfolded, those of us who were participating in it became increasingly impressed with the feeling that here was something unique in legal research, for we were engaging in a task that involved not only frontiers of the law but also one which was ever so closely interwoven with the science and technology of tomorrow. In carrying out the project, it became necessary for us to proceed as far as possible to master a new scientific field, one with a new vocabulary and a radically different set of concepts. This certainly enhanced interest in the task, not to mention increasing the difficulty of carrying it forward. In addition, it afforded us an even more fascinating prospect, namely, the possibility of creation of a center for legal studies related to the new technological world, with its great variety of new facets-automation, water resources problems, aviation, etc., thus to make our contribution in providing the legal framework to facilitate the adjustment of scientific advances to the social order of which we are a part.
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Administrative Agencies and the Court
Frank E. Cooper
The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.
The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies and the parties with whom they deal; (2) to describe the criteria and techniques of administrative adjudication-what may be termed the jurisprudence of administrative tribunals-within these courtimposed standards.
No attempt has been made to discuss the problems of administrative organization and agency management, which are of particular interest to the political scientist and specialist in government. The purpose of this volume is more modest. It is an examination of the relationship between administrative agencies and the courts, with particular reference to judicial doctrines concerning: (1) constitutional limitations on the delegation of powers to administrative agencies; (2) procedural requirements in cases where agencies exercise judicial powers; (3) procedural and substantive requirements imposed in connection with rule-making activities; (4) methods and scope of judicial review.
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Our Legal System and How it Operates
Burke W. Shartel
Five lectures delivered at the University of Michigan February 23, 24, 25, 26, and 27, 1948 on the Thomas M. Cooley Lectureship, enlarged and revised.
First, it is descriptive of the American legal system as it now exists, not of past law and not of legal systems in general. Second, it portrays the legal system as an operating institution. Third, I have given a large place to the discussion of language in relation to law. Fourth, I have given a considerable amount of space to a discussion of the ways in which statutes are made and interpreted. Fifth, technical ideas and technical terminology have been avoided as far as possible. Sixth, there is need to impart a vast deal of plain information about our legal system and how it operates. Finally, I have coupled with the textual material a variety of problems for discussion. This is in line with the problem method which we use consistently in legal instruction
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Problems in Probate Law: Including a Model Probate Code
Lewis M. Simes and Paul E. Basye
The publication of the Model Probate Code, together with related monographs and appendix notes, serves a dual purpose. It is the report of a committee of the Probate Division of the American Bar Association. It is also the product of a research project carried on by the University of Michigan Law School. Mr. R. G. Patton, in his "Presentation of the Report of the Committee on Model Probate Code," printed elsewhere in this volume, has provided an appropriate preface for this publication in its first aspect.
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The Prevention of Repeated Crime
John B. Waite
Though this study is concerned fundamentally with the prevention of crime, it deals only with that part of the field wherein prevention of further crime is sought through treatment of known criminals. The whole field of crime prevention is, of course, much wider than that particular part. With a reasonable degree of logical distinction, it represents five major divisions of particularized interest. The first involves the question of what activities are to be considered as crimes and ought, as such; to be prevented. The second division assumes that a crime has been committed and covers the various activities by which responsibility for its commission is fixed upon a particular individual. The third and fourth divisions assume certain activities as definitively criminal and involve the procedures by which organized society seeks to forestall their perpetration. This prophylactic, preventive activity is of two essentially different types. One type seeks to prevent crime by correcting or alleviating the social and economic conditions which cause crime through their pressure upon the individual. Of this type are efforts toward slum clearance, unemployment insurance, community facilities for lawful expenditure of surplus energies, prohibition of the manufacture or sale of intoxicating liquors. The other type of prophylactic activity, which may be called the fourth division of preventive effort, includes the preventive measures designed to operate upon the individual himself, in the hope of guiding his reactions to social and economic conditions into safe channels, or of so controlling his person in one way and another as to render his reactions harmless. This fourth division may in its turn be divided into two. One comprises all such efforts-trade-training, crime preventive medicine and surgery, teaching of temperance, education, instilling of fear-as are directed toward the group as a whole, without special regard for those who have already offended against the law. The other division comprises such activities as may be directed particularly toward prevention of repeated criminality on the part of persons who have already offended one or more times.It is this latter problem, this fifth division of crime preventive activities, with which this discussion is concerned-the problem of preventing repeated crime through treatment of the known criminal himself.
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Cases on Principal and Agent and Master and Servant Selected from Decisions of English and American Courts
Edwin C. Goddard
“In the first edition of this work no effort was made to cover the subject of Master and Servant. The exigencies of the law school curriculum, if not the unity of the subjects, seem to require that Principal and Agent and Master and Servant be treated in a single course. Historically the subject of Agency grew out of the much earlier developed subject of Master and Servant. Blackstone did not use the term ‘agent’ in reference to the agency relation, nor does he recognize the subject of Agency apart from that of Master and Servant, and there only in a brief paragraph. Almost always in the older cases, and not infrequently to-day, the term ‘servant’ is used indifferently to designate one who acts for another, whether ministerially or in establishing contractual relations with third persons….
….The present importance of agency and its great development grow out of the fact that it is essentially a business relation, developed to meet the imperative needs of modern business.” --Preface.
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A Selection of Cases and Other Authorities on the Law of Admiralty, Pt.1: The Jurisdiction of Admiralty Courts
Edwin D. Dickinson
“The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.
In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….
In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied by the instructor…” --Preface
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A Selection of Cases and Other Authorities on the Law of Admiralty, Pt.2: The Maritime Law
Edwin D. Dickinson
“The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.
In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….
In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied by the instructor…” --Preface
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A Selection of Cases and Other Authorities on the Law of Admiralty, Pt.3: The Reception and Modification of Maritime Law
Edwin D. Dickinson
“The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.
In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….
In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied by the instructor…” --Preface
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Cases on Procedure Annotated. Trial and Appellate Practice
Edson R. Sunderland
“A dozen years ago the present editor published a case-book for law school use on Trial Practice. It was then a subject unknown in the law school curriculum. But in the years that have passed the teaching of trial practice has become a common feature in American legal education….
The editor’s earlier volume on Trial Practice has not been incorporated in the present book, but that subject has been entirely reorganized and rewritten. Legal Ethics in connection with trial work has been treated more adequately, new sections on the Verdict and Judgment have been added, certain topics, such as Instructing the Jury and New Trials, have been considerably condensed, new cases have been freely used whenever experience indicated the advisability of such changes, and the whole subject has been annotated more liberally than before.” --Preface
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The Law of Sales
John Barker Waite
I conceive law to be the aggregation of rules which courts of justice feel themselves more or less obligated to follow in deciding controversies. To some extent these rules are formulated and declared by legislative authority. Most of them, however, have been evolved by judges themselves. These latter rules are not always easy to formulate; if they were, there would be no need for real text-books. Even the precise utterances of various judges can not always be accepted as rules. I believe that no judge has power, either practically or theoretically, to bind other judges by any declaration of rule or command, but that the only obligation felt by courts is the obligation to conform to prior judicial action. It is therefore prior judicial conduct under given circumstances which determines the action of later judges, rather than prior declarations as to what such conduct ought to be. In the great majority of cases, actual decision does accord with the mere verbal declarations of what ought to be done. But not infrequently a judge in deciding the case before him will state what he would have done had the facts been otherwise. He states what he believes to be a rule, without being called to act upon it. In many other cases judges have· rendered decisions that actually conform to prior related decisions, but have given as reason for the decision some assumed rule which is really inconsistent with the earlier ones. These dicta, therefore, can not blindly be accepted as rules of law. Rules of law, like the laws of any other science, must be deduced from a critical analysis and study of legal phenomena. And these phenomena, to my mind, are the decisions actually rendered by courts of justice. I do not mean that the comments and stated reasons of the judges may be disregarded. On the contrary, they are an intrinsic part of the phenomena of decision. They must be considered and given the fullest effect of guidance. But if one admits that, while judges may act on each case as it comes before them, they may not command other judges how to act, one must of necessity deduce the rule of action primarily from the acts themselves. Hence I have sought always for some judicial custom of decision, as indicating the rule of law more truly than does judicial speech alone.
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The Equality of States in International Law
Edwin DeWitt Dickinson
The author has attempted in this volume to present the equality of states as it appears in the theory of international law and also as it is affected by common usage. Theoretical aspects of the subject are considered in chapters dealing with the sources of the principle, its origin, and its significance in the writings of modem publicists and in illustrative documents. The opinion that Grotius first established the principle in international law is examined and evidence is adduced which indicates that the opinion is erroneous. The equality of states as affected by common usage is really their inequality or status. It involves the study of internal and external factors which limit the capacity of the state as an international person in a variety of ways. Attention has been given to certain features of the organic constitution of the state and also to certain external relationships with other states which are regarded as limitations upon international legal capacity. Political capacity has been viewed as a distinct problem and the limitations of which international relationships afford illustrations have received separate consideration.
Everything in the volume except the Supplementary Chapter was written during the World War and the manuscript was in the printer's hands before the Peace Conference assembled. The materials on the work of the Peace Conference which have since become available are considered in the Supplementary Chapter. This chapter is of necessity incomplete, but it is believed that the relevancy of the subject matter justifies its inclusion.
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Patent Law
John Barker Waite
The comparatively small size of the book is not due to any conscious superficiality of treatment nor omission of pertinent subject matter. It purports to cover only the substantive law of patents, their nature, validity, effect, and their characteristics as property. Matters of procedure in securing patents or suing on them, and the difficult subject of the amount of compensation recoverable by suit, would require a volume for themselves and are not included here. But of the matter which is included, it has been my desire to present every issue which has come before the courts....
This book is intended more particularly for the use of inventors, business men, engineers, lawyers in general practice and all that class of laymen who from time to time want information concerning their rights in respect to inventions and patents.
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Titles to Real Property Acquired Originally and by Transfer Inter Vivos
Ralph W. Aigler
Many law teachers have felt that Titles should be the basis of the beginning course in Property. Although this volume appears as number three in a series of casebooks covering the law of Property, it is believed that the subject-matter of the volume, with possibly some shifts in order of the topics, is such that it may well be used in that way.
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Cases on the Law of Mortgages
Edgar N. Durfee
“The law of mortgages embraces so many remotely related topics that it is impossible, in the time allotted to it in our schools, to cover the subject completely and thoroughly by the ordinary ‘case’ method. Of the several alternatives that this condition leaves us, the editor has chosen that of covering by cases, with a fair degree of thoroughness, certain selected topics. It is with a view to presenting to the student, in a suggestive way, some of the topics not covered by cases, that the editor has introduced into the book excerpts from text-books and from judicial opinions, and extensive editorial notes.” --Preface
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Cases on the Law of Bankruptcy: Including the Law of Fraudulent Conveyances
Evans Holbrook and Ralph W. Aigler
This collection of cases is the result of several years' work in the class-room by both of the editors. It is obvious that there are difficulties in the teaching of a subject based entirely on a statute, especially in the years immediately following the adoption of the statute, when its provisions have not yet been passed on by the courts; now, however, a considerable body of authoritative judicial interpretation of the Bankruptcy Act of 1898 has grown up, and it is hoped that the cases contained in this volume will serve to show the effective structure that has been constructed on the foundation of the Act.
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A Modern Action at Law
Horace L. Wilgus
The following is a true "short story" of what occurred in the county a few years ago, taken, for the most part, from the records of the County Clerk, in the Court House, in Ann Arbor, Michigan.
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Corporations and Express Trusts as Business Organizations
Horace L. Wilgus
The advantages of incorporation have long been recognized and frequently referred to in our law ... Upon the other hand the special advantages of Express Trusts have recently been stated .... It is my purpose to compare these two, -- Corporations and Express Trusts, -- in such detail as my time will permit, to discover, if perchance we may, something of the strength and weakness of each, for business purposes, under present day conditions.
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The History of Contract in Early English Equity
W. T. Barbour
“Mr. Barbour’s contribution to the Studies is an attempt to characterize with some precision and detail the functions of the Chancery in the fifteenth century. The court was gradually differentiated from the King’s Council, and the writs of Edward III’s time calling on persons to appear under penalty of a fine or imprisonment (subpoena), and other special injunctions, was generally framed in terms which leave it undecided whether proceedings were to be taken by the King’s Council, or by the Council under the chairmanship of the Chancellor himself with or without the aid of assessors. By the time of Richard II, however, the personal jurisdiction of the Chancellor had acquired a fairly definite range, and was assuming the aspect of a standing institution.” --Preface
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Cases on Principal and Agent, Selected from Decisions of English and American Courts
Edwin C. Goddard
It is a striking proof of the fact that Agency is a modern subject in the law that Blackstone, in his Commentaries on the Laws of England, does not mention the subject by name, and barely makes a four-line reference to one sort of agent in his classification of servants. The old ca~es do, of course, sometimes deal with pure agency questions, but the agent is usually referred to as a servant or a factor, and the questions in issue are generally settled upon some principle of the law of Master and Servant. Agency is essentially a business- relation; hence its modernness, if that term may be permitted; hence, also, the singular fact that until within very few years courts treated it as a broadened service, involving wider discretion, and failed to see that its main difference from service is that it deals with a relation for a very different purpose-in other words, that the difference is in kind even more than in degree.
To an extent the law of Principal and Agent is an outgrowth of the law of Master and Servant. The doctrine of respondeat superior is most active in both. The old cases of Master and Servant are therefore in one portion of the field of Agency valuable and illuminating, and are equally valuable to illustrate either relation; but they deal to a considerable extent with questions of tort liability as to third persons, and of contract and tort between the primary parties to the relation, and these are far from being the most important parts of the law of Agency. A casebook on Agency, then, if it is well proportioned, will be made up of modern ca es far more than will a work on Property, for example, or on Contracts in general. The present work contain many early cases of hi torical importance, some involving Agency, but more turning on questions arising out of the relation of Master and Servant. Very largely, however, selections have been made from modern cases, in which the courts are dealing with real agency matters.
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Cases on Procedure, Annotated. Common Law Pleading
Edson R. Sunderland
“No subject is more intimately connected with the history and development of our law than common law pleading. In sharp contrast with the other great system of law, that founded by the Romans, the common law has not been the product of legislation, but of litigation. It has grown up in the atmosphere of courts of justice. Such a genesis would necessarily give it a strong procedural favor, and would tend to emphasize remedies at the expense of rights. Procedure might therefore be expected to play a much larger part in the development of the common law than in the development of the Roman law, and such has been the fact. To understand common law rights one must understand common law remedies, for the former were developed through the latter….
“A proper balance must be maintained between pleading as a method of analysis and pleading as a practical means of presenting cases for judicial decision. This aim the editor has constantly had in mind in selecting and arranging these cases.” --Preface
This series includes the full text of select faculty-authored books, including some authored by Thomas M. Cooley.
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