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Articles 1 - 10 of 10
Full-Text Articles in Law
The Determinants Of Legal Doubt, Frederick Schauer
The Determinants Of Legal Doubt, Frederick Schauer
Michigan Law Review
A Review of The Case Law System in America by Karl N. Llewellyn
From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham
From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham
Michigan Law Review
A Review of The Province of Legislation Determined: Legal Theory in Eighteenth Century Britain by David Lieberman
The Concept Of Law And The New Public Law Scholarship, Edward L. Rubin
The Concept Of Law And The New Public Law Scholarship, Edward L. Rubin
Michigan Law Review
This article is an attempt to identify the nature of an emerging field of legal scholarship known as "New Public Law." "New," of course, is a dangerous term. Our society's image of itself as forward looking and its tendency to market itself to itself through claims of novelty has spawned a range of phrases from the New Deal to the New Criticism to various new, improved laundry detergents. One does not hear very many positive comments about the "old" these days. The argument that old ways of doing things are better has become an emblem of mistaken thought, and the …
In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey
In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey
Michigan Law Review
In this essay, we explore how modem common law judges should view their role vis-a-vis the legislature. We suggest that the perspective of the "New Public Law," as we conceptualize it, is surprisingly helpful in considering this problem.
In Part I, we briefly summarize two important aspects of the New Public Law: republicanism and public choice. We then address an obvious objection to our project - that our topic relates to private law, and is therefore outside the purview of the New Public Law. Part II turns to important questions about the relationship between statutes and the common law: When …
The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger
Faculty Works
No abstract provided.
Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green
Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green
Reviews
David Lieberman's lucid and sure-footed reinterpretationof late-eighteenth and early-nineteenth-century jurisprudence is original, thoughtful, analytically acute, and a pleasure to read. Lieberman argues that Bentham's law reform ideas must be viewed in relation to earlier (and contemporary) reform traditions. Bentham's views were more complex than the long-held myth would have it, partly because they were more derivative, at least in his early enterprises, combining as they did a reception of earlier notions with the novelty for which he is usually credited. Blackstone and Mansfield, on this account, were not the match stick figures they are sometimes made out to be; the …
Structuring The Ethics Of Prosecutorial Trial Practice: Can Prosecutors Do Justice?, Fred C. Zacharias
Structuring The Ethics Of Prosecutorial Trial Practice: Can Prosecutors Do Justice?, Fred C. Zacharias
Vanderbilt Law Review
Codes of professional responsibility take a very different approach to civil and criminal trials. In civil litigation, the codes presume that good outcomes result when lawyers represent clients aggressively. In criminal cases, the codes do not rely as fully on competitive lawyering. They treat prosecutors as advocates, but also as "ministers" having an ethical duty to "do justice."
Although the special prosecutorial duty is worded so vaguely that it obviously requires further explanation, the codes provide remarkably little guidance on its meaning. In effect, code drafters have delegated to prosecutors the task of resolving the special ethical issues prosecutors face …
A Comparative Study, United States/France, Of The Impact Of Functionalism As A New Choice Of Law Process To Determine The Law Governing International Contracts, Anne Schiellein
LLM Theses and Essays
This thesis compares the evolution of law theory in the United States and France, focusing the notions of functionalism and conceptualism respectively. There is an emphasis on the independent development of both approaches originating from a need to resolve issues pertaining to conflicting law problems and societal needs. The thesis also highlights that the continual practice of both theories is not independent and summarizes the notion that “functionalism can be an answer where conceptualism fails to provide a solution” to establish that comparing the impact of functionalism as a new choice of law process to determine the law governing international …
The Matrix Of The Common Law, George L. Haskins
The Matrix Of The Common Law, George L. Haskins
Cleveland State Law Review
Great men have admonished us never to forget the continuing relevance of history in the Anglo-American legal system. We are cautioned to remember that the highly individualistic character of much of our law is explained by its Germanic rather than its Roman roots and, further, that the Anglo-American system has built upon countervailing concepts of relationships which are feudal in origin, and to which rights and duties attach without regard to the will of individuals, which is the underlying principle of classical Roman law. Thus, in our law, powers, rights, and duties stem from relationships such as principal-agent, vendor-purchaser, landlord-tenant …
Book Review Of Our Lady The Common Law: An Anglo-American Legal Community, 1870-1930, By Richard A. Cosgrove, William P. Lapiana
Book Review Of Our Lady The Common Law: An Anglo-American Legal Community, 1870-1930, By Richard A. Cosgrove, William P. Lapiana
Other Publications
No abstract provided.