Law Commons^™

Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait

Touro Law Review

No abstract provided.

A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken

Touro Law Review

No abstract provided.

Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari

Touro Law Review

No abstract provided.

Codification And The California Mentality, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

This essay explores why California, almost alone among states, embraced codification of the substantive common law in the late nineteenth century.

Roll Over, Llewellyn?, Peter A. Alces

Faculty Publications

No abstract provided.

Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf

Faculty Scholarship

The historic nature of congressional action in codifying supplemental jurisdiction in section 1367 calls for a close examination of the legislative process and product. Section I of this Article presents a brief survey of the development of supplemental jurisdiction. Section II examines the history of the legislative process that produced section 1367. Section III contains a preliminary review of judicial decisions under the new supplemental jurisdiction statute. The Article concludes with some editorial remarks regarding the statute and the process by which it became public law.

The Law Of Evidence And The Idea Of Progress, Michael S. Ariens

Faculty Articles

To ask the question, “Does evidence law matter?,” is often to assume that some sets or groups of people believe it is important while others are challenging that view. However, another assumption regarding the nature of this question is possible—that the question is asked because legal academics believe that evidence law both does and does not matter, and that those academics also believe that these are irreconcilable beliefs. What is of particular interest is how legal academics reached this point and why they believe that evidence law both does and does not matter.

Consideration of these aspects of evidence law …

The Alaska Corporations Code: The Forty-Ninth State Claims The Middle Ground, Daniel William Fessler

Alaska Law Review

No abstract provided.

A Jurisprudential Perspective For The True Codification Of Payments Law, Peter A. Alces

Faculty Publications

No abstract provided.

Revision And Codification Of Penal Law In The United States, Herbert Wechsler

Dalhousie Law Journal

I am honored by the invitation to address you and happy to join in. your tribute to the memory of Horace Read. Dean Read was a pioneer in the perception that this is d legislative age, one of the greatest legislative eras of all time. He was concerned that lawyers be equipped to deal effectively with the ever growing corpus of the statutory law and he made valuable contributions to that end. Whether the larger legislative role in the development of law that he depicted and foresaw was a phenomenon that he regarded with approval or regret, I must confess …

The American Codification Movement, A Study Of Antebellum Legal Reform, Robert W. Gordon

Vanderbilt Law Review

Between 1820 and 1850 American legal commentators became obsessed with whether legislatures should codify, either in whole or in part, the common law of the American states. Indeed, "[a]lmost every law writer after 1825 felt compelled to include his views [on codification] in his works of whatever sort."" The enormous literature that emerged from this period survives today to fascinate modern legal historians, who seem to have developed their own obsession for the "codification" issue. As Lawrence Friedman has said, "The codification movement is one of the set pieces of American legal history." Charles M. Cook's "The American Codification Movement: …

Codification And The Rise Of The Restatement+A5 Movement, Nathan M. Crystal

Washington Law Review

This article first critically examines and disputes the theses of Professors Gilmore and Friedman. It then presents an argument that the Restatement movement was, in fact, sympathetic to the goals of codification and, far from being a reaction to the challenge of realism, originated before realism developed as a coherent position. Both the Restatement movement and the codification movement of the late nineteenth and early twentieth centuries attempted to solve the problems of uncertainty, complexity, and consequent delay which plagued the legal system after the Civil War. Both were instituted, in substantial part, by the same segments of the bar, …

The American Law Institute's Proposed Federal Securities Code, Editor In Chief

Vanderbilt Law Review

This issue of the Law Review represents Part Two of the symposium on the Proposed Federal Securities Code. This issue contains articles on federal-state relations under the Code; the impact of the Code on the Trust Indenture Act of 1939; the extraterritorial reach of the Code; and the effect of the Code on civil litigation. It is hoped that these articles will continue the fine work begun by Part One of the symposium, providing our readers with a thorough analysis of these additional sections of the Code and presenting recommendations for constructive changes to be considered in the final process …

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.

Publications

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.

An International Criminal Code – Now?, L. C. Green

Dalhousie Law Journal

It has been suggested that the time may now be right to prepare a codification of international criminal law, either with or without a draft statute for an international criminal court. In fact, the Foundation for the Establishment of an International Criminal Court held its third Conference to this end in Bangladesh in December 1974. It must not, however, be overlooked that recent attempts by the International Civil Aviation Organization and the United Nations to establish a working enforcement procedure to deal with aerial hijacking and other forms of terrorism failed, largely because of opposition from the Arab countries and …

An International Criminal Code – Now?, L. C. Green

Dalhousie Law Journal

It has been suggested that the time may now be right to prepare a codification of international criminal law, either with or without a draft statute for an international criminal court. In fact, the Foundation for the Establishment of an International Criminal Court held its third Conference to this end in Bangladesh in December 1974. It must not, however, be overlooked that recent attempts by the International Civil Aviation Organization and the United Nations to establish a working enforcement procedure to deal with aerial hijacking and other forms of terrorism failed, largely because of opposition from the Arab countries and …

An International Criminal Code – Now?, L. C. Green

Dalhousie Law Journal

It has been suggested that the time may now be right to prepare a codification of international criminal law, either with or without a draft statute for an international criminal court. In fact, the Foundation for the Establishment of an International Criminal Court held its third Conference to this end in Bangladesh in December 1974. It must not, however, be overlooked that recent attempts by the International Civil Aviation Organization and the United Nations to establish a working enforcement procedure to deal with aerial hijacking and other forms of terrorism failed, largely because of opposition from the Arab countries and …

The Uniform Commercial Code Comes Of Age, Roy L. Steinheimer Jr.

Michigan Law Review

Once upon a time back in the elegant and well-ordered Victorian age, a new organization known as the National Conference of State Boards of Commissioners for Promoting Uniformity of Legislation in the United States undertook the task of drafting a Negotiable Instruments Law (NIL) for adoption by the legislatures of the various states. The law was finally prepared and recommended by the Commissioners for adoption in 1896, and, by December of 1900, fifteen states had adopted it. In that month, Dean Ames, of the Harvard Law School, loosed a blast at this new law in an article in the Harvard …

Codification And Judge-Made Law: A Problem Of Coexistence, Leslie George Scarman

Indiana Law Journal

No abstract provided.

Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume

Michigan Law Review

The area north and east of Lake Michigan, organized in 1805 as Michigan Territory, was first organized in 1796 as Wayne County of the Northwest Territory. In 1800 the western half of the county, and in 1803 the eastern half, became parts of Indiana Territory, and so remained until July 1805. In 1818 Michigan Territory was expanded westward so as to include all of the area north of Illinois to the Mississippi River.

The Codification Of Military Law, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

The Codification Of International Law, James L. Brierly

Michigan Law Review

Any conclusion about the desirability or the practicability of codifying international law ought to be based on a clear idea of what the process would involve, and unfortunately "codification" is an ambiguous word. In the sense in which British and American lawyers use the word it relates to the form in which the law is presented. When we codify, we do not regard the task as one of improving the substance of the law, but as one of collecting the existing rules and stating them concisely and clearly. It is true that, even so, the work must involve some element …

What Should The American Law Institute Do?, Hessel E. Yntema

Michigan Law Review

It will generally be agreed, I believe, that the creation of the American Law Institute in 1923 was one of the most hopeful events in the recent legal history of this country. The plan for the Institute, as formulated in the impressive report which motivated its establishment, was well-conceived, broad-visioned, and based upon a comprehensive analysis of the chief defects in the legal system of the United States. This plan was significant in at least three important respects. In the first place, it defined an ambitious and, in some respects, a unique task for the Institute to accomplish; the report …

Prof. Hepburn Tells Of Bill Codifying United States Law

Charles Hepburn (1918-1925)

No abstract provided.

Uniformity Of Commercial Law On The American Continent, Roscoe Pound

Michigan Law Review

Anglo-American, lawyers are not, as a rule, believers in codification. Hence, as legislation is the only agency through which in practice a uniform commercial law for the American continent may be looked for, you might, with some degree of reason, anticipate that I should be opposed to such a project. I may say, however, that I do not, at all share the orthodox common-law antipathy toward legislation and codification. I have no doubt that a legislative restatement of the law and a juridical new start upon the basis of such a restatement are inevitable in English-speaking countries for the same …