The Bench and Bar; A Monthly Magazine for Lawyers Volume 21-24

The Bench and Bar; A Monthly Magazine for Lawyers Volume 21-24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...with the subject of criticism. The attitude of the President toward the courts seems to us almost an ideal one. No one has done more to point out defects in the administration of justice and to suggest helpful and feasible methods for remedying them. No one, on the other hand, is more keenly alive to the great and arduous task which the courts perform from day to day, and most of which receives no recognition, favorable or unfavorable. N o one is more able to discriminate between shortcomings which are capable of being remedied, and such as are necessarily inherent in any legal system which can be devised and administered by the mind of man. SHALL JUDGES BE REQUIRED TO WRITE OPINIONS? In BENCH AND BAR for July, 1910, we commented on the action of the Erie County Bar Association in adopting the following resolution: "Resolved, That it is detrimental to public welfare for the judges of this State to ignore well settled legal principles in order to enable them to render decisions which conform more closely to the sense of justice and right of the individual judge or judges constituting the court." We then took the position that such a resolution should not have been adopted unless those voting for it could point out specific cases in which judges had departed from rules of law to satisfy individual notions of justice, and we pointed out that our efforts to obtain any such cases from the members of this Association had been unavailing. Our article called forth some correspondence, from which we infer that the dissatisfaction of our Erie County brethren is based largely on the fact that so many cases are decided in our appellate courts without the reasons or grounds of the decision being given by way of opinion or otherwise. And it...
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Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236941284
  • 9781236941282