Law Commons^™

The Opinion Volume Vii Number 2 – December 1, 1966, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 1, 1966

The New Analytical Jurists, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

The Comity Doctrine, Hessel E. Yntema

Michigan Law Review

The doctrine of comity, as developed in the Netherlands during the last quarter of the Seventeenth Century, for the first time posed in stark simplicity the basic dilemma of conflicts law in modem times to mediate between the pretensions of territorial sovereignty and the needs of international commerce. As Ulrik Huber, the most influential exponent of the doctrine, observed: "Exempla, quibus utemur, ad juris privati species maxime quidem pertinebunt, sed judicium de illis unice juris publici rationibus constat, & exinde definiri debent.'' ["The examples which we shall use belong principally to the category of private law but their treatment …

The Opinion Volume Vii Number 1 – October 1, 1966, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 1, 1966

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

David McDonald (1842-1853)

No abstract provided.

The Opinion Volume Vi Number 2 – May 1, 1966, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated May 1, 1966

With John Marshall From William And Mary To Dartmouth College, Florian Bartosic

William & Mary Law Review

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 …

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

Washington Law Review

Cognizant of the significant, yet comparatively short-lived, contribution which Lord Edward Coke made to the English society of his day and to the inadvertent, as well as permanent, effect that his theory of fundamental law and judicial review had upon the American revolutionaries and the framers of the Constitution, the scope of this article has been limited primarily to a critical examination of the raison d'etre of the noted Dr. Bonham's Case—or, that case which structured Coke's entire argument for the supremacy of the fundamental law as ensured by judicial review. It is hoped that some idea may be gleaned …

The Opinion Volume Vi Number 1 – February 1, 1966, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 1, 1966

Book Review: Protest: Sacco-Vanzetti And The Intellectuals, Willard D. Lorensen

West Virginia Law Review

No abstract provided.

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 …

The Gaines Case: Its Background And Influence On The University Of Missouri And Lincoln University, 1936-1950, Robert Mclaran Sawyer

Books Related to Race and Education in Missouri

Dissertation by Dr. Sawyer written in 1966 in support of his doctoral degree from the University of Missouri exploring the Gaines case and the effects on education in Missouri. Digital copy is derived from print copy held in the University of Missouri Library Depository.

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Part I. Final Text On The Nato Agreements On Status C. Protocol On The Status Of International Military Headquarters Set Up Pursuant To The North Atlantic Treaty *, Joseph M. Snee

International Law Studies

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 …

Part I. Final Text On The Nato Agreements On Status B. Agreement On The Status Of The North Atlantic Treaty Organisation, National Representatives And International Staff, Joseph M. Snee

International Law Studies

No abstract provided.

Proof By Confession, O. John Rogge

Villanova Law Review

No abstract provided.

Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker

Michigan Law Review

A Review of The Revival of Natural Law Concepts by Charles Grove Haines

Part Iii. Documents, Joseph M. Snee

International Law Studies

No abstract provided.

Analytic Philosophy And Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz

Villanova Law Review

No abstract provided.

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 …

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 …

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.

John Locke And The Declaration Of Independence, Kenneth D. Stern

Cleveland State Law Review

In an article published in the Journal of the American Bar Association in 1949, Dean Clarence Manion, then Dean of the College of Law of the University of Notre Dame, stated, "It is misleading to attribute the philosophy of the Declaration (of Independence) to the writings of John Locke." Dean Manion feels that Locke implies that the rights of minority groups and even of individuals are subordinated to the dictates of the majority. Manion concluded that Jefferson's philosophy contrasts sharply with the Lockian creed. A more thorough examination of Locke's writings, however, tends to lead to the opposite conclusion.

Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney

Villanova Law Review

No abstract provided.

Legal History In The High Court--Habeas Corpus, Dallin H. Oaks

Michigan Law Review

Ever since Chief Justice Marshall declared that courts could resort to the common law to determine what Congress meant by the term "habeas corpus" in a federal statute, the history of this venerable remedy has played an important role in the Supreme Court. Over the years, however, courts have moved away from using the writ of habeas corpus for its historic functions of eliciting the cause of commitment and compelling adherence to prescribed procedures in advance of trial until today it has become primarily a means by which one court of general jurisdiction exercises post-conviction review over the judgment of …

Chroust: The Rise Of The Legal Profession In America, William Wirt Blume

Michigan Law Review

A Review of The Rise of the Legal Profession in America 2 vol. by Anton-Hermann Chroust

Holt: Magna Carta, James F. Traer

Michigan Law Review

A Review of Magna Carta by James C. Holt