The Cornell Law Quarterly, Volume 11Cornell University, College of Law, 1926 The Cornell Law Quarterly's contents are topical and intended to be of special relevance to to those practicing law in New York State. |
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Page 2
... fact that " so little in it is settled dog- matically , so much is left for experiment " under a carefully thought- out federal system of powers , checks and balances . In other words , the Constitution leaves room for growth according ...
... fact that " so little in it is settled dog- matically , so much is left for experiment " under a carefully thought- out federal system of powers , checks and balances . In other words , the Constitution leaves room for growth according ...
Page 4
... fact that while , in the fifty - six years from 1804 to 1860 , there were some four hundred resolutions , 1 showing an average of about seven a year , in the period of the last thirty - six years ( 1889-1925 ) , eleven hundred ...
... fact that while , in the fifty - six years from 1804 to 1860 , there were some four hundred resolutions , 1 showing an average of about seven a year , in the period of the last thirty - six years ( 1889-1925 ) , eleven hundred ...
Page 20
... facts certain effects . The " cer- tain grouping of facts " constitutes a relationship . The " certain effects " are the rights and duties following or flowing from the re- lationship . This process of giving or assigning to certain ...
... facts certain effects . The " cer- tain grouping of facts " constitutes a relationship . The " certain effects " are the rights and duties following or flowing from the re- lationship . This process of giving or assigning to certain ...
Page 21
... Facts admitted by them are deemed proved by the admitting of them by the parties . Admissions are acts of the parties . They constitute a waiver by the parties of formal inferential proof of the facts admitted . The facts admitted are ...
... Facts admitted by them are deemed proved by the admitting of them by the parties . Admissions are acts of the parties . They constitute a waiver by the parties of formal inferential proof of the facts admitted . The facts admitted are ...
Page 22
... fact " . The true distinction is , not be- tween law and fact , but between law and man . Presumptio hominis is not the same as presumptio facti . " Homo " does not mean " factum " . In every presumption , whether juris or hominis , a ...
... fact " . The true distinction is , not be- tween law and fact , but between law and man . Presumptio hominis is not the same as presumptio facti . " Homo " does not mean " factum " . In every presumption , whether juris or hominis , a ...
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Popular passages
Page 125 - The true test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition. To determine that question the court must ordinarily consider the facts peculiar to the business to which the restraint is applied; its condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable. The history of the restraint, the evil believed to exist,...
Page 141 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 2 - The powers delegated by the proposed constitution to the federal government, are few and defined. Those which are to remain in the state governments, are numerous and indefinite.
Page 125 - Every agreement concerning trade, every regulation of trade, restrains. To bind, to restrain, is of their very essence. The true test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition.
Page 200 - ... arising, and to preserve the state of peace and friendship in which the two countries are now placing themselves ; using, for this end, mutual representations and pacific negotiations. And if, by these means, they should not be enabled to come to an agreement, a resort shall not, on this account, be had to reprisals, aggression, or hostility of any kind, by the one republic against the other, until the government of that which deems itself aggrieved shall have maturely considered, in the spirit...
Page 204 - Nothing contained in this convention shall be so construed as to require the United States of America to depart from its traditional policy of not intruding upon, interfering with, or entangling itself in the political questions or...
Page 3 - The powers reserved to the several states will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people: and the internal order, improvement, and prosperity of the state.
Page 437 - The Court shall apply: 1. International conventions, whether general or particular, establishing rules expressly recognized by the contesting States; 2. International custom, as evidence of a general practice accepted as law; 3.
Page 173 - To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Act or of any ordinance adopted pursuant thereof.
Page 171 - ... and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts.