Law Commons^™

The New Analytical Jurists, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Hoosier Justice: The Journal Of David Mcdonald, 1864-1868, Donald O. Dewey

David McDonald (1842-1853)

No abstract provided.

Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson

All Faculty Scholarship

There are certain pillars of jurisprudence which, despite the erosive elements of time and progress, remain sacred. After more than a century of judicial dialogue the venerable M'Naghten Rule survives as the prevailing test to determine criminal responsibility. The rule states: "To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know …

Natural Law Demythologized: A Functional Theory Of Norms For A Revolutionary Epoch, E. F. Roberts

Cornell Law Faculty Publications

Jurisprudence can afford us some insight into whether a particular system is functioning effectively. To do this jurisprudes must extrapolate the aims of the society and then evaluate how effectively its legal system functions to structure social activity so that those aims are realized in an orderly fashion. Jurisprudence is seen, therefore, to be a form of time and motion study on a grand scale. Judgments about the ultimate worth of a given society’s aims are excluded from jurisprudence, however, on the ground that such emotionally charged and ethically relative conclusions cannot be proved by any empirically verifiable scale of …

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

Reflections On Professor Chroust's The Rise Of The Legal Profession In America, Donald P. Kommers

Journal Articles

A review of Anton-Herman Chroust’s 1965 study on lawyers and the status of the legal profession in the United States from early colonial days to 1830.

Though the review praises the wealth of facts and detail in the work it argues that Chroust is more interested in glorifying the early American legal profession rather than analyzing the conditions for its growth. It also contends that Chroust does not organize his material according to a coherent theory or conceptual scheme. The review, in addition, asserts that Chroust focuses too much on the pious and self-righteous rhetoric lawyers at the time, assuming …

Professor Kurland, The Supreme Court And Political Science, Donald P. Kommers

Journal Articles

IN A SYMPOSIUM held at the Notre Dame Law School on February 29, 1964, on several constitutional amendments designed to limit the power of the Supreme Court, Professor Philip B. Kurland of the University of Chicago Law School read a terse and delightfully witty paper in which he compared the Supreme Court to Caesar, sieged on the one side by the modem forces of Brutus, and championed on the other side by the contemporary Mark Antonys. There was no doubt in Professor Kurland's mind that the efforts of conspirators like the Council of State Governments, not to mention its less …

Analytic Philosophy And Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Dr. Bonham’S Case And The Modern Significance Of Lord Coke’S Influence, George P. Smith Ii

Scholarly Articles

Dr. Bonham’s Case, decided by Edward Coke as Chief Justice of the British Court of Common Pleas in 1610, remains, to this day, the case acknowledging the supremacy of the fundamental (or natural) law interpreted and enforced as such by the judiciary and not a legislative body - here, Parliament. Coke’s idea of a law of nature superior to man-made law was not new. What was original, and even radical for the times, was the notion that the courts of law should be given the power and the right to interpret and enforce that law. This theory of judicial review …

Identity Of Sarapio, Socrates, Logus And Nilus In The Will Of C. Longinus Castor, Alan Watson

Scholarly Works

This article examines the Will of C. Longinus Castor which was executed and sealed on 17th of November 189 A.D. The Will names five different individuals as beneficiaries and this article examines the relationship between them and C. Longinus Castor.