Does the Constitution Protect Free Speech

Many thoughtful men and women, witnessing the suppression of speech, by means both judicial and extra-judicial, in the period through which we have just passed, have reluctantly concluded that our hard won ight of freedom of speech has been lost, swept away in the flood tide of war enthusiasm. They point to the example of the recent candidate for the presidency, Eugene Debs, who is still confined in a federal prison for words he uttered during the war. They call attention to the fact that the fate of Mr. Debs is no worse than that of scores of other persons, members of his and other minority groups, who have gone to jail since April, 1917, for giving utterance to unpopular opinions. Finally, they show us awidespread wave of anti-disturbance legislation among our state legislatures during and immediately after the wa

Landowner\u27s Duty to Strangers on His Premises - As Developed in the Iowa Decisions

It is one thing to know a general rule of common law. It is another to know the application of the general rule, its variations and-exceptions, in a particular state. Both are important. Without the first, the lawyer becomes the mere tradesman. Worse than that for him, he is often helpless, for with all the gray mule and spotted cow cases to which a benevolent digester directs him he does not sense the legally significant facts so that he can recognize an authority when he sees it. Without the second, even the lawyer with a grasp of fundamentals is at a disadvantage, for a single local case may upset the whole, course of a carefully reasoned analysis. This and other discussions of Iowa law which appear in the pages of this magazine are published with the hope that an exposition and analysis of local decisions will be helpful to the profession. In general they blaze no new paths in jurisprudence. If they aid in a better understanding of what we already have their publication is justified

Privity of Contract and Tort Liability

Two parties, A and B, make a contract whereby B undertakes to perform certain services for A. He performs his task in a negligent manner, and as a consequence C, a third party, suffers injury. Has C rights against B

Landowner\u27s Duty to Strangers on His Premises - As Developed in the Iowa Decisions

It is one thing to know a general rule of common law. It is another to know the application of the general rule, its variations and-exceptions, in a particular state. Both are important. Without the first, the lawyer becomes the mere tradesman. Worse than that for him, he is often helpless, for with all the gray mule and spotted cow cases to which a benevolent digester directs him he does not sense the legally significant facts so that he can recognize an authority when he sees it. Without the second, even the lawyer with a grasp of fundamentals is at a disadvantage, for a single local case may upset the whole, course of a carefully reasoned analysis. This and other discussions of Iowa law which appear in the pages of this magazine are published with the hope that an exposition and analysis of local decisions will be helpful to the profession. In general they blaze no new paths in jurisprudence. If they aid in a better understanding of what we already have their publication is justified

Revival of Moot Courts at Michigan

Clubs formed for the purposes of argument of moot cases exist in varying numbers at several of the best law schools in the country. From the students of the Law School at Michigan has come a movement for the establishment of such clubs here...

Divorce Problems in the Conflict of Laws

Divorce may be considered as the termination of the legal relationship between husband and wife by an act of the law. With the purely local aspect of legal questions regarding divorce, Conflict of Laws is not concerned. If a husband and wife are married and have their home in one state, legal questions concerning their divorce are local matters only. These will include the grounds for divorce, the particular court in which the action is brought, the procedure to be followed from commencement to termination of the action. In such a case it is only when some question concerning the decree comes up in another state that a Conflict of Laws question is raised. This may be the recognition of the decree freeing the parties from the bonds of matrimony, the effect to be given to an order for alimony, marital rights in foreign property, or the claim to custody of the children. The questions, especially as among the states of the United States, are many, and often difficult

What the American Law Institute Means to the Law School

While in no sense a law school affair, the American Law Institute is so intimately connected with the progress of the law and legal education that it justifies mention here. The Institute was organized at a meeting of judges, lawyers and law teachers, held in Washington in February, 1923.... The Law School of the University of Michigan is and will continue to be intimately connected with this movement for the improvement of the law...