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Onions, Or The Joys Of Writing A Treatise, Joel Seligman Oct 1990

Onions, Or The Joys Of Writing A Treatise, Joel Seligman

Law Quadrangle (formerly Law Quad Notes)

From time to time during the five years I have worked with Louis Loss on what will be a 12-volume work on Securities Regulation, I have been asked what treatise writing is like. Normally the question is posed with the unspoken assumption that it must be a little like a serious case of leprosy or perhaps a violation of the 13th Amendment. For example: "Is it horribly depressing?" Or: "How many years do you think it will take?" Then there is a somewhat more cynical unspoken assumption that occasionally can be perceived: "Don't you miss theoretical writing?" Or most splendid …


Detention Without Trial In The Second World War: Comparing The British And American Experiences, A. W. Brian Simpson Oct 1990

Detention Without Trial In The Second World War: Comparing The British And American Experiences, A. W. Brian Simpson

Law Quadrangle (formerly Law Quad Notes)

My interest in the detention of citizens, without trial, in Britain during the war of 1939-1945 arose as a byproduct of a more general interest. The study of cases has long been central to the common law tradition. But the legal dramas we examine so minutely are too often both contextless and dehumanized. Real people assume the masks of the law, becoming plaintiffs and defendants, offerors and offerees, grantors and contingent remainderpersons, concealed from us by the forms into which their problems have been packaged for legal analysis. Two English leading cases, decided by the House of Lords on November …