THE PREMISES OF THE JUDGMENT AS RES JUDICATA IN CONTINENTAL AND ANGLO-AMERICAN LAW

Authors

Robert Wyness Millar, NorthwesternFollow

Abstract

The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the tribunal was something akin to heresy.

Recommended Citation

Robert W. Millar, THE PREMISES OF THE JUDGMENT AS RES JUDICATA IN CONTINENTAL AND ANGLO-AMERICAN LAW, 39 Mich. L. Rev. 238 (1940).
Available at: https://repository.law.umich.edu/mlr/vol39/iss2/4