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Full-Text Articles in Law

The Ethical Foundation For The Pragmatic Conception Of Justice, Anton Donoso Dec 1962

The Ethical Foundation For The Pragmatic Conception Of Justice, Anton Donoso

Vanderbilt Law Review

Since the death of John Dewey ten years ago, his thought has been the subject of a number of works, some of the most significant of which deal with his philosophy of law and of justice. The question of his conception of justice arises out of his general effort to show that the resolution of moral conflicts between various claimants is possible by the use of the scientific method, by which is meant intelligent examination justified by reliable public test through reference to consequences. This entails the formulation of a norm of justice that is both valid (true) and morally …


Torts -- 1961 Tennessee Survey (Ii), John W. Wade Jun 1962

Torts -- 1961 Tennessee Survey (Ii), John W. Wade

Vanderbilt Law Review

The twenty tort cases decided during the shorter survey period this year all involved negligence actions.' Most of the cases involved the application of established rules or standards to new fact situations, some of them being fairly routine. Only two cases were of striking significance.


The Casual Relation Issue In Negligence Law, Leon Green Mar 1962

The Casual Relation Issue In Negligence Law, Leon Green

Michigan Law Review

Two significant legal studies of "Causation"-one English, one American-have been recently published. The English book brings to the subject more scholarly learning and a more comprehensive examination of its literature than any other book that has been written. The authors are devoted disciples of causation principles and make a stout defense of the causation concept as the structural core of negligence law. They examine the philosophical, common sense and semantic backgrounds of causal concepts as the basis of legal liability, find that they have merit, and launch extended, and sometimes devastating, attack upon theories that question their adequacy, though in …


The Antidumping Act: Its Administration And Place In American Trade Policy, James A. Kohn Feb 1962

The Antidumping Act: Its Administration And Place In American Trade Policy, James A. Kohn

Michigan Law Review

It has now been forty years since the present Antidumping Act was passed. During that period certain administrative interpretations and procedures have developed. This discussion will not attempt a general exposition of the act, but rather will examine key terms which are not defined by the act itself, the administrative decisions interpreting these terms, and the soundness of these decisions when tested against the purposes of the act. In analyzing these decisions, not only the factors that influenced the original passage of the act must be considered, but also the events which have occurred since the passage of the act …