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Articles 1 - 8 of 8
Full-Text Articles in Law
Legal Realists, Legal Fundamentalists, Lawyer Schools, And Policy Science--Or How Not To Teach Law, Fred Rodell
Legal Realists, Legal Fundamentalists, Lawyer Schools, And Policy Science--Or How Not To Teach Law, Fred Rodell
Vanderbilt Law Review
Increasingly over the past years, there has cropped up in the law reviews a special kind of leading article. It does not deal with anything courts are doing or legislatures are doing or lawyers are doing; it does not even deal with what courts or legislatures or administrators or lawyers ought to be doing; instead, it deals with a subject of apparently endless and obviously narcissistic fascination to the law teachers who write the articles. It deals with the teaching of law. More precisely, these articles are concerned with how the law teachers who write the articles think other law …
Powers Of Chinese Courts, Chao-Lung Yang
Powers Of Chinese Courts, Chao-Lung Yang
Vanderbilt Law Review
The Chinese legal system has recently aroused the interest of not a few Western scholars. But little has been written about the powers of the Chinese courts. It has been said-and it is true-that the Chinese legal system belongs to the Continental type. It will, therefore, be interesting to see in what way it is different from the Anglo-American system. Generally speaking, opinions may differ as to the fundamental features which distinguish the Continental legal system from the Anglo-American. But it may perhaps b e said that such features lie more in the sphere of adjective law and legal technique …
A Note On Samuel Pufendorf, Anton-Hermann Chroust
A Note On Samuel Pufendorf, Anton-Hermann Chroust
Vanderbilt Law Review
The work of Samuel Pufendorf was certainly the outstanding influence on continental legal philosophy during the second half of the seventeenth and throughout the eighteenth centuries. From his work comes the supposedly authoritative notion that scientific natural law and, hence, true legal philosophy as such, began with Hugo Grotius. What he actually meant to say was that Hugo Grotius had secularized the natural law, that is, he had divorced it from moral theology and put it on a non-theological--and, we may surmise--on a non-ethical basis.
Federal Law Of Search And Seizure As An Incident To Lawful Arrest In The Light Of The Case Of Harris V. United States, C.D. Berry, N.C. Frost
Federal Law Of Search And Seizure As An Incident To Lawful Arrest In The Light Of The Case Of Harris V. United States, C.D. Berry, N.C. Frost
Vanderbilt Law Review
The recent widely discussed case of Harris v. United States further complicates that already complex phase of search and seizure which relates to the extent to which officers may search as an incident to a lawful arrest. The Fourth Amendment to the Constitution provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon prob-able cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to he seized." It has …
Sanctions, Law And Public Order, George H. Dession
Sanctions, Law And Public Order, George H. Dession
Vanderbilt Law Review
A more creative conception of criminal law, and a more scientific and policy-minded approach to the organization of research, instruction and con- sultation concerning the use of criminal and other negative sanctions, 'have long been in making in the minds of many working in the field, in many widely separated places. My purpose in this paper is briefly to describe the kind of program currently conceived-to these ends in the Yale School of Law. Stemming from a series of exploratory studies and seminars conducted over the past few, years in collaboration with members of the Departments of Anthropology, Psychiatry and …
How Far Will Multi-State Death Taxation Go--Curry V. Mccanless Revisited, Thomas A. Thomas
How Far Will Multi-State Death Taxation Go--Curry V. Mccanless Revisited, Thomas A. Thomas
Vanderbilt Law Review
It is the purpose of this comment to show how the death tax laws today affect the estate of a person who dies in one state leaving tangible or intangible personalty in another state, and also to recall the laws as they existed in the not too remote past and to surmise what they will be tomorrow in the light of recent trends.
The Investment Advisers Act Of 1940, W.T. Mallison Jr.
The Investment Advisers Act Of 1940, W.T. Mallison Jr.
Vanderbilt Law Review
There were many questionable business methods which could be used by advisers prior to the passage of the Act. In 1939, it was not uncommon for an adviser to arrange that one client buy a certain security and that another sell the same one. Where the adviser operated on the then commonly accepted basis of receiving a proportion of profits made by his clients, he could not lose by using this technique. The adviser's sole concern was to seek new clients to replace those whose assets or credulity were exhausted. Adviser custody of clients' funds was the basis of most …
Sociology Of Law--A Student's Concept, Glynn A. Pugh
Sociology Of Law--A Student's Concept, Glynn A. Pugh
Vanderbilt Law Review
The Anglo-American lawyer is inclined to restrain his interest to the legal order; he becomes a specialist in the decisions rendered by the courts. The attorney, unfamiliar with present day methodology of the social sciences, is easily bewildered by the writings and judicial decisions of the sociological jurist. Part of this bewilderment may be at once eliminated by distinguishing two concepts of "law." The lawyer may conceive of the law as "that which is backed by the force of politically organized society." An inadequate amount of attention is directed toward the sources of law, its trends and its functions. Sociologists …