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Full-Text Articles in Law

The Problem Of Mental Disorder In Crime, Leon A. Tulin Jan 1932

The Problem Of Mental Disorder In Crime, Leon A. Tulin

Faculty Scholarship Series

One of the consequences of the law's acceptance of the lay notion
that most people are free rational agents is the tacit assumption that except
in clearly recognizable cases of marked dementia, all people are the
same and should be treated alike. No middle zone is recognized. This
approach to the problem of anti-social behavior is, of course, completely
opposed to the present trend of thought. To the criminologist mental
abnormality is an extremely broad concept; and is merely one of the
factors to be considered in determining in individual cases why an offender
offended and what method of ...


Judicial Organization And Procedure, Walter F. Dodd Jan 1932

Judicial Organization And Procedure, Walter F. Dodd

Faculty Scholarship Series

The Self-Governing Bar. "In the large city of today, there are thousands
of lawyers, but there is no bar."' With this remark, Roscoe Pound
five years ago called attention to the situation which had resulted in the
United States from the absence of a corporate profession equipped to administer discipline and govern itself. The presence in all communities of
lawyers whose character or equipment rendered them unfit to practice
had brought the entire profession into disrepute and had contributed
largely to the encroachment of banks, trust companies, and other lay
agencies upon the legal field. Absence of adequate organization representative ...


A Factual Study Of Bankruptcy Administration And Some Suggestions, J. Howard Marshall, William O. Douglas Jan 1932

A Factual Study Of Bankruptcy Administration And Some Suggestions, J. Howard Marshall, William O. Douglas

Faculty Scholarship Series

Bankruptcy administration has been subject to but little fundamental
change in the thirty-three years since the present act was
adopted. Though amendments have frequently been made, they
have altered only the detail, not the general structure. But there is a
suspicion that things have changed in respect to bankruptcy or at least
that various assumptions basic to the system have been disproved or
need to be qualified. Further, it is felt that the system has acquired
or inherited from older times a rigidity that prevents it from adequately
adjusting itself to the exigencies of the life with which it deals.