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Full-Text Articles in Law
Justice Holmes And The Common-Law Tradition, John C.H. Wu
Justice Holmes And The Common-Law Tradition, John C.H. Wu
Vanderbilt Law Review
Briefly, case law may be described as "a method of developing law which preserves the continuity of legal doctrine, and is, at the same time, eminently adaptable to the needs of a changing society." On the whole, it is not far from the truth to say that "it hits the golden mean between too much flexibility and too much rigidity .... -" But what makes it so matter-of-fact and racy of the soil is to be found in Holdsworth's further observation that "this method keeps the law in touch with life, and prevents much unprofitable speculation upon academic problems which …
I Am Not My Guest's Keeper, Warren A. Seavey
I Am Not My Guest's Keeper, Warren A. Seavey
Vanderbilt Law Review
The laisez-faire policy of the common law recently won a resounding victory in Pennsylvania. In an action for the death of her husband, the plaintiff alleged that he was invited by the defendant to visit the latter's land for a consultation upon problems common to their work, strip-mining for coal, which requires deep cuts in the land from which it is necessary to remove accumulated water; that during the conversation the defendant invited the deceased to aid in the repair of a pump in one of the water-filled cuts; that the defendant, by "urging, enticing, taunting and inveigling" his visitor, …