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Articles 1 - 30 of 48
Full-Text Articles in Law
Jurisdictional Amount In The Federal District Courts, William W. Hurst
Jurisdictional Amount In The Federal District Courts, William W. Hurst
Vanderbilt Law Review
In 1925, Judge Dobie, then professor of law at the University of Virginia, advanced a formula for determining the value of the matter in controversy in all federal question and diverse citizenship cases in the federal district courts. He called it a "plaintiff-viewpoint rule," and stated it thus: "The amount in controversy in the United States District Court is always to be determined by the value to the plaintiff of the right which he in good faith asserts in his pleading that sets forth the operative facts which constitute his cause of action."
Since then, the rule has received sanction …
The Tennessee Statutory Presumption Of Agency By The Operation Of A Motor Vehicle, Eugene N. Collins
The Tennessee Statutory Presumption Of Agency By The Operation Of A Motor Vehicle, Eugene N. Collins
Vanderbilt Law Review
In cases involving the negligent operation of a vehicle by a person not the owner plaintiffs have experienced extreme difficulty in proving that a master-servant relationship existed between the driver and the owner at the time of the accident so as to render the owner liable under the doctrine of respondeat superior.' It is frequently of the utmost importance to a plaintiff to prove that this relationship did exist, because in a large number of cases it is the owner of the vehicle, not the driver, who is financially responsible. A large majority of the courts came to recognize the …
Tax Problems Presented By The Tennessee Constitution, Eugene L. Parker Jr.
Tax Problems Presented By The Tennessee Constitution, Eugene L. Parker Jr.
Vanderbilt Law Review
Although the North Carolina Constitution of 1776 had no specific tax provision, the draftsmen of Tennessee's Constitution of 1796 initiated a standard which reflected the creed of the frontier. These pioneers thought that every free man should contribute something to the support of the government and those with more ability should contribute more. The ability of the citizen was measured by the quantity of land and the number of slaves, which provided roughly a fair differentiation. Everyone had a similar log cabin; one lot in a settlement was worth about the same as another; one cleared acre was the equal …
Cross-Examination Of Neuropsychiatric Testimony In Personal Injury Cases, Hubert W. Smith
Cross-Examination Of Neuropsychiatric Testimony In Personal Injury Cases, Hubert W. Smith
Vanderbilt Law Review
Trial lawyers are well aware that fully 50 to 60% of all civil litigation involves some claim of physical or psychic disability. Purely physical disabilities are extremely difficult to evaluate but when the allegedly disabling symptoms are of psychic origin, wholly or in part, legal tribunals require the most competent illumination the mental sciences can provide if error and imposition are to be minimized. The purpose of the present presentation is not to impugn the mental sciences but rather to ask whether any astringent principles exist for shrinking extravagant testimony. The intelligent counsel does not aspire to annihilate and atomize …
Tort Liability For Abusive And Insulting Language, John W. Wade
Tort Liability For Abusive And Insulting Language, John W. Wade
Vanderbilt Law Review
"Sticks and stones may break my bones, but names will never hurt me."This old proverb did not originate with the courts, but it has commonly been regarded as expressing their attitude. Name calling is ordinarily not regarded as actionable under the Anglo-American legal system, no matter how opprobrious or violent the epithet.
A recent Ohio case will illustrate. In Bartow v. Smith,' plaintiff's attorney in his opening statement to the jury declared that a dispute had, arisen between defendant and plaintiff concerning the sale of a farm. Defendant, seeing plaintiff on the city street, came up to her and began …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Law Review
Books Received
Availability for Work
By Ralph Altman
Cambridge: Harvard University Press, 1950. Pp. 350. $4.50
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Comparative Law, Cases and Materials
Rudolf B. Schlesinger
Brooklyn:The Foundation Press, Inc., 1950. Pp. 552. $7.50
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Federal Jurisdiction and Procedure, Cases
By Ray Forrester
St. Paul:West Publishing Company, 1950. Pp. 990. $8.50.
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Financial History of Tennessee Since 1870
By James E. Thorogood
State of Tennessee: Department of Finance and Taxation, 1950. Pp. 245.
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International Law, Cases and Materials
By Edwin D. Dickinson
Brooklyn: The Foundation Press, Inc., 1950. Pp. 740. $8.00
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Primer of Procedure
By Delmar Karlen Madison:
Campus …
Book Notes, Law Review Staff
Book Notes, Law Review Staff
Vanderbilt Law Review
Book Notes
Selected Essays on Family Law Compiled and Edited by a Committee of the Association of American Law Schools
Brooklyn: The Foundation Press, Inc., 1950. Pp. 1122. $9.50
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The Law of Cadavers and of Burial and Burial Places
By Percival E.Jackson
New York: Prentice-Hall, Inc., 1950. Pp. lxxxvii, 734. $12.50
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Manual of Preventive Law
By Louis M. Brown
New York: Prentice-Hall, Inc., 1950. Pp. 346. $5.00
Book Reviews, Noel T. Dowling (Reviewer), Hugo L. Black, Jr. (Reviewer), George H. Cate, Sr. (Reviewer), Henry N. Williams (Reviewer)
Book Reviews, Noel T. Dowling (Reviewer), Hugo L. Black, Jr. (Reviewer), George H. Cate, Sr. (Reviewer), Henry N. Williams (Reviewer)
Vanderbilt Law Review
On Understanding the Supreme Court
By Paul A. Freund
Boston: Little, Brown & Company, 1949. Pp. 130. $3.00
reviewer: Noel T. Dowling
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Courts on Trial
By Jerome N. Frank
Princeton: Princeton University Press, 1949. Pp. vii, 441. $5.00
reviewer: Hugo L. Black, Jr.
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Hugo L. Black: A Study in the Judicial Process
By Charlotte Williams
Baltimore: The Johns Hopkins Press, 1950. Pp. vii, 208. $3.50.
reviewer: George H. Cate, Sr.
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Hatch Act Decisions (Political Activity Cases) of the United States Civil Service Commission
By James W. Irwin
Washington: United States Government Printing Office, 1949. Pp. 304. $1.50 …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
AUTOMOBILE INSURANCE--COMPREHENSIVE CLAUSE EXCLUDING MECHANICAL BREAKDOWN--REQUIREMENT THAT EXCLUDED RISK BE SOLE PROXIMATE CAUSE
BAILMENTS--DELIVERY OF POSSESSION--PROPERTY DEPOSITED IN PUBLIC LOCKER
CONSTITUTIONAL LAW--INFRINGEMENT OF CIVIL RIGHTS BY PRIVATE INDIVIDUALS--CAUSE OF ACTION UNDER FEDERAL STATUTE
CONSTITUTIONAL LAW--RIGHT TO JURY TRIAL--ACTION FOR STATUTORY PENALTY UNDER PRICE ..CONTROL ACT
CONSTITUTIONAL LAW--UNITED NATIONS CHARTER--APPLICATION AS TREATY TO RENDER STATE LAW INVALID
CONTRACTS--CONSIDERATION--NEW AGREEMENT TO PAY LESS THAN ORIGINAL CONTRACT PRICE
CONTRACTS--DEFINITION OF TERMS--EFFECT OF PART PERFORMANCE IN MAKING TERMS CERTAIN
COPYRIGHT--ARTIST'S RIGHTS IN PRODUCTION AFTER SALE--"MORAL RIGHT" TO PREVENT DESTRUCTION
CRIMINAL LAW--SEARCHES AND SEIZURES--EFFECTS OF VIOLATION OF CONSTITUTIONAL RIGHT ON JURISDICTION OF FEDERAL COURTS
JOINT …
Patent Monopolies And Free Enterprise, Myron W. Watkins, George W. Stocking
Patent Monopolies And Free Enterprise, Myron W. Watkins, George W. Stocking
Vanderbilt Law Review
Public policy has long recognized the intimate relation between a dynamic technology and a well-adjusted economy. Without experiment, industrial arts stagnate. Rightly understood, invention is synonymous with improvement in the industrial arts, and invention comes about only from experimenting. Not every inventor finds what he is looking for, true enough, or is looking for what he finds. But unless, consciously or unconsciously, he is seeking a new way to do something or a new "combination of matter" he will never discover anything.
To encourage experiment and thus foster technical improvment is the avowed purpose of the American patent system. The …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
ATTORNEYS--REINSTATEMENT PROCEEDINGS--JURISDICTION OF DISBARRING COURT
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AUTOMOBILE LIABILITY INSURANCE--ESTOPPEL BY JUDGMENT--PRIOR JUDGMENT AGAINST INSURED AS BAR TO INSURER'S DEFENSE OF LACK OF COVERAGE
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BURGLARY INSURANCE--CRIMINAL ACT OF EMPLOYEE OF INSURED--HARM TO THIRD PERSON AS JUSTIFICATION
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CHATTEL MORTGAGES--MORTGAGEABILITY OF I.C.C. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY--APPROVAL OF COMMISSION AS CONDITION PRECEDENT
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CONSTITUTIONAL LAW--DUE PROCESS--MANDATORY MINIMUM PRICE MARK-UPS ON INTOXICATING LIQUORS
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CONSTITUTIONAL LAW--OATH OF ALLEGIANCE AND OATH OF OFFICE--POWER OF LEGISLATURE TO ENLARGE UPON CONSTITUTIONAL PROVISION
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CONVEYANCES--CONSTRUCTION OF LIMITATIONS--ENTAILING LANGUAGE AS WORDS OF PURCHASE OR WORDS OF INHERITANCE
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CRIMINAL LAW--PRIVILEGE OF SELF-DEFENSE--DUTY OF OCCUPANTOF …
The Genocide Convention And The Constitution, Myres S. Mcdougal, Richard Arens
The Genocide Convention And The Constitution, Myres S. Mcdougal, Richard Arens
Vanderbilt Law Review
What is traditional for common crimes can scarcely be oppressive innovation for mass-murder. Even freedom of communication is not, furthermore, an absolute in democratic preference: security and human decency must likewise have their place.
It is no little irony that argument must be made in support of a convention to suppress genocide. "The spectacle," writes a contemporary journal of opinion, "of modern man explaining his right to existence is an odd one." The Genocide Convention is but one of many interrelated measures in a world-wide program to secure peace and respect for the dignity of the individual human being. Rational …
Conflict Of Laws In Multistate Fraud And Deceit, William O. Beach Jr.
Conflict Of Laws In Multistate Fraud And Deceit, William O. Beach Jr.
Vanderbilt Law Review
Unlike most conflict of laws questions, the choice-of-law problem in tort actions based on multistate fraud and deceit has been given surprisingly little attention. Until recent years the problem had been raised in but two or three reported cases, and no real attempt had been made to analyze and clarify it. The recognition and scanty treatment of the problem in the Restatement of Conflict of Laws' has perhaps been primarily responsible for the growing awareness of it in the courts in the past two decades. Nevertheless, neither the courts nor the secondary authorities have come forward with a thorough study …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Law Review
BOOKS RECEIVED
BUSINESS ORGANIZATION By Alfred F. Conard Brooklyn: The Foundation Press, Inc., 1950. Pp. vii, 661. $7.00.
CASES ON FEDERAL COURTS By Charles T. McCormick and James H. Chadburn Brooklyn: The Foundation Press, Inc., 1950. Pp. 921. $8.00.
CASES AND MATERIALS ON WORLD LAW By Louis B. Sohn Brooklyn: The Foundation Press, Inc., 1950. Pp. 1363. $8.00.
FEDERAL ESTATE AND GIFT TAXATION: CASES AND MATERIALS By William C. Warren and Stanley S. Surrey Brooklyn: The Foundation Press, Inc.,1950. Pp. vii, 518. $7.00.
HATCH ACT DECISIONS By James W. Irwin Washington. United States Government Printing Office, 1949. Pp. v, 304. …
Admissibility In Criminal Prosecutions Of Proof Of Other Offenses As Substantive Evidence, Clinton J. Morgan
Admissibility In Criminal Prosecutions Of Proof Of Other Offenses As Substantive Evidence, Clinton J. Morgan
Vanderbilt Law Review
"The general rule has been well established that on prosecution for a particular crime evidence which in any manner shows or tends to show that the accused has committed another crime wholly independent of that for which he is on trial, even though it be a crime of the same character, is irrelevant and inadmissible." This statement by the Tennessee court announces the basic rule regarding the matter of proof of other crimes as substantive evidence--a rule which is quoted and adhered to in virtually every American jurisdiction. The evidence is not excluded because it has no probative value, but …
Erie To York To Ragan -- A Triple Play On The Federal Rules, Edward L. Merrigan
Erie To York To Ragan -- A Triple Play On The Federal Rules, Edward L. Merrigan
Vanderbilt Law Review
Approximately twelve years have passed since the Supreme Court of the United States promulgated the Federal Rules of Civil Procedure almost simultaneously with its decision in Erie R. R. v. Tompkins.' These two events revolutionized almost every phase of practice in the federal courts. The Rules substituted uniformity for state conformity in federal procedure, while the Erie decision required an adherence to state conformity in matters of substantive law.
As a result of this concurrent, diverse treatment of substantive and adjective law, it was assumed that the Court intended, in future diversity of citizenship cases, to recognize the dichotomy of …
Bills To Remove Cloud In Tennessee, Henry D. Bell
Bills To Remove Cloud In Tennessee, Henry D. Bell
Vanderbilt Law Review
The bill in equity to remove cloud from title has been recognized in all of the American states. There has been, however, no agreement among the states as to the cases which come within the scope of the bill. Every bill to remove cloud presents two essential questions: (1) does the complainant have an interest in the property which entitles him to maintain the bill, and (2) does the adverse claim constitute a "cloud" on the title which equity will remove? The purpose of this Note is to review the authorities to determine what is necessary to satisfy these two …
Book Reviews, Stanley D. Rose (Reviewer), Charles C. Trabue, Jr. (Reviewer)
Book Reviews, Stanley D. Rose (Reviewer), Charles C. Trabue, Jr. (Reviewer)
Vanderbilt Law Review
READINGS IN AMERICAN LEGAL HISTORY
Compiled and edited by Mark DeWolfe Howe
Cambridge: Harvard University Press, 1949. Pp. 529.$7.50
reviewer: STANLEY D. ROSE
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THE GROWTH OF AMERICAN LAW: THE LAW MAKERS
By James Willard Hurst
Boston: Little, Brown and Co., 1950. Pp. xiii, 502. $5.50
reviewer: STANLEY D. ROSE
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REASON AND LAW
By Morris R. Cohen
Illinois: The Free Press, 1950. Pp.211. $3.50
reviewer: STANLEY D. ROSE
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AN INTRODUCTION TO LEGAL REASONING
By Edward H. Levi
Chicago: The University of Chicago Press, 1949. Pp. 74. $2.00
reviewer: STANLEY D. ROSE
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LIVING LAW OF DEMOCRATIC SOCIETY
By …
Informal Marriages In Tennessee--Marriage By Estoppel, By Prescription And By Ratification, Robert E. Kendrick
Informal Marriages In Tennessee--Marriage By Estoppel, By Prescription And By Ratification, Robert E. Kendrick
Vanderbilt Law Review
Tennessee courts have the means for upholding informal marriages whenever the social reasons are sufficiently strong to impel them to do so. This is a very desirable result, and one which is not open to the criticism that the courts are inviting or encouraging informal marriages as against the ceremonial, statutory marriage. These devices are not alternative means of attaining the marriage status ab initio, but are merely remedial devices looking backwards, which the courts may use on occasion when satisfied that it is for the good of the state and society, as well as for the parties and their …
Remarks On The Theory Of Appellate Decision And The Rules Or Canons About How Statutes Are To Be Construed, Karl N. Llewellyn
Remarks On The Theory Of Appellate Decision And The Rules Or Canons About How Statutes Are To Be Construed, Karl N. Llewellyn
Vanderbilt Law Review
If a statute is to make sense, it must be read in the light of some assumed purpose. A statute merely declaring a rule, with no purpose or objective, is nonsense. If a statute is to be merged into a going system of law, moreover, the court must do the merging, and must in so doing take account of the policy of the statute-or else substitute its own version of such policy. Creative re- shaping of the net result is thus inevitable. But the policy of a statute is of two wholly different kinds-each kind somewhat limited in effect by …
Statutory Construction In Resolving Conflicts Between State And Local Legislation, Charles S. Rhyne
Statutory Construction In Resolving Conflicts Between State And Local Legislation, Charles S. Rhyne
Vanderbilt Law Review
My contribution to this symposium will consist of the advancement of one main thesis and four subordinate and supporting ones. My main thesis is simple indeed. Procedural rules must be viewed as grants or creations of judicial power. My subordinate theses then indicate certain complications showing that in practice the matter cannot be thus wholly disposed of. Though too much reform has so assumed, it turns out that telling a court it has power does not guarantee exercise of that power. Judicial inertia, prece- dent-mindedness, love of technical niceties-all play their part in halting procedural improvement. So does, even more, …
The Position Of Statutory Construction In Present Day Law Practice, John W. Macdonald
The Position Of Statutory Construction In Present Day Law Practice, John W. Macdonald
Vanderbilt Law Review
Even the title assigned to this article emphasizes a point of view. We will consider the position of statutory construction not from the aspect of judges, appellate or trial, who must decide cases. Instead we are to look at the subject from the point of view of the practitioner, the lawyer himself. The practice of law is of course varied. And there are many fields of knowledge which control that practice. Some of these obviously do not involve law at all. The lawyer is a litigator, an advocate in court or before quasi-judicial bodies. He is also a counsellor, an …
A Better Theory Of Legal Interpretation, Charles P. Curtis
A Better Theory Of Legal Interpretation, Charles P. Curtis
Vanderbilt Law Review
We have, almost all of us, I think, been brought up in the belief that the interpretation of legal documents consists essentially in a search for the intention of the author. I take it the classic, and I am sure the most elegant, exposition of this doctrine is the paper which Vaughan Hawkins, almost ninety years ago, in 1860, read before the juridical Society. Thayer printed it as an appendix in his Preliminary Treatise on Evidence and said of it, "the nature of the inquiry is described with penetration and accuracy." Hawkins states our creed in a few sentences...
"[I]n …
Special Problems In Drafting And Interpreting Procedural Codes And Rules, Charles E. Clark
Special Problems In Drafting And Interpreting Procedural Codes And Rules, Charles E. Clark
Vanderbilt Law Review
My contribution to this symposium will consist of the advancement of one main thesis and four subordinate and supporting ones. My main thesis is simple indeed. Procedural rules must be viewed as grants or creations of judicial power. My subordinate theses then indicate certain complications showing that in practice the matter cannot be thus wholly disposed of. Though too much reform has so assumed, it turns out that telling a court it has power does not guarantee exercise of that power. Judicial inertia, precedent-mindedness, love of technical niceties--all play their part in halting procedural improvement. So does, even more, a …
The Interpretation Of Statutes In Modern British Law, W. Friedmann
The Interpretation Of Statutes In Modern British Law, W. Friedmann
Vanderbilt Law Review
Mr. Justice Frankfurter recently said that the number of cases coming before the Supreme Court of the United States which were not based on statutes was "reduced almost to zero." This growth of statutory as against pure case law is, of course, not confined to the United States. It inevitably accompanies the social welfare state and the increase in government which every modern industrial society has experienced and which two world wars, with their need for the total mobilization of resources, have further stimulated. Apart from these sociological factors which affect states with the most different legal systems, it is …
Legal Writing On Statutory Construction, Paul H. Sanders, John W. Wade
Legal Writing On Statutory Construction, Paul H. Sanders, John W. Wade
Vanderbilt Law Review
This review does not purport to provide a complete critique of the various works in the field of Statutory Construction. It is not directed primarily to the specialist. Instead, it is intended to bring together for the benefit of the general practitioner the various books and other writings on the subject and thus amounts essentially to a bibliography. But an effort has been made to suggest the approach of the longer works and to estimate in some measure their value. Thus this symposium on the subject of Statutory Construction can be rounded out by providing convenient reference to other writings …
The Tennessee Law Of Adoption, William Merlin
The Tennessee Law Of Adoption, William Merlin
Vanderbilt Law Review
On April 6, 1949, the Tennessee Legislature passed the most comprehensive adoption act in the state's history.' The purpose of this Note is to evaluate that statute, bringing up to date the status of the adoption law in the state. Primarily, it is hoped that this Note will be of help to the practicing lawyer; and for this reason, the text has been divided to show separately the procedural and substantive aspects of the law. Of course, the distinctions made are sometimes arbitrary and unnatural. At times natural sequence has been altered for the sake of clarity. But it is …
Book Reviews, Paul H. Douglas (Reviewer), Cecil Sims (Reviewer), Ray Forrester (Reviewer)
Book Reviews, Paul H. Douglas (Reviewer), Cecil Sims (Reviewer), Ray Forrester (Reviewer)
Vanderbilt Law Review
Book Reviews
Congress on Trial By James M. Burns New York: Harper & Brothers,1949. Pp. vii, 224. $3.00
reviewer: Paul H. Douglas
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Language and the Law By Frederick A. Philbrick New York: MacMillanCo., 1949. Pp. v, 254. $3.75
reviewer: Cecil Sims
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Commentary on the U.S. Judicial Code By James William Moore Albany: Matthew Bender and Company, 1949. Pp. viii, 684. $10.00
reviewer: Ray Forrester
Interpretation Of Statutes In Derogation Of The Common Law, Jefferson B. Fordham, J. Russell Leach
Interpretation Of Statutes In Derogation Of The Common Law, Jefferson B. Fordham, J. Russell Leach
Vanderbilt Law Review
The tendency of the lex scripta to supplant the lex von scripta has carried far since Roscoe Pound published his provocative paper on "Common Law and Legislation" in 1908. One can note at the same time indications that statute law is being received with much less hostility. The surprising thing, however, is that legislation in general is not at this day getting a far more sympathetic reception by lawyers and judges. Clearly they make up the professional group which has the largest share in the drafting and enactment of statutes. In actual practice, moreover, lawyers are given to committing private …
Factors Influencing Judges In Interpreting Statutes, Arthur W. Phelps
Factors Influencing Judges In Interpreting Statutes, Arthur W. Phelps
Vanderbilt Law Review
There has been recent discussion of abandoning the literal meaning rule and most of the other rules of statutory construction. A broader principle is favored which will allow the full play of the rational processes of the court. This view has great appeal, and, in terms of freeing judges who apply rules as rules without regard to their object, serves a need. But if it means a sudden release of the judiciary from always starting with a statute as it reads--as it is written--as it has meaning for most of us--it is a harmful suggestion. Law is something more than …