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Articles 31 - 43 of 43
Full-Text Articles in Law
The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi
The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi
Cleveland State Law Review
Medieval England presents the student of legal history with a number of interesting peculiarities. Among these are the common law and the schools where it was taught, the Inns of Court. English law was the only native law in medieval Europe, functioning distinctly from both civil and canon law. It was judge-made, and followed the case-law method peculiar to it, distinct from the codification system of civil and canon law. Its schools, the Inns of Court, were, in Christendom, the only law schools of their kind that came out of the Middle Ages into modern times. These and other features …
English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny
English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny
Cleveland State Law Review
In England, during the first half of the seventeenth century a serious conflict having both legal and political implications arose concerning the Royal Prerogative. King James I insisted upon the Royal Prerogative, which placed the King above the law and gave him absolute power. Sir Edward Coke, on his part, argues that the common law was above the King's Prerogative. This led to a violent clash between Coke and the King in November 1608. A general discussion of the further development of common law and of the decisive role of Parliament is beyond the framework of this Article. One aspect, …
The Problem Of Offer And Acceptance: A Study Of Implied-In-Fact Contracts In Islamic Law And The Common Law, Aron Zysow
The Problem Of Offer And Acceptance: A Study Of Implied-In-Fact Contracts In Islamic Law And The Common Law, Aron Zysow
Cleveland State Law Review
Every student of Islamic law is familiar with the formation of contract by offer (jdb) and acceptance (qabud). Of the rules of jdb and qabul one can quote Karl Llewellyn's statement about their common law counterparts: they "have been worked over; they have been written over; they have been shaped and rubbed smooth with pumice, they wear the rich deep polish of a thousand classrooms."' The apparent prominence of offer and acceptance in the two legal systems, however, should not mislead one into seeing similarity where there is significant difference. Some of these differences are the subject of this paper. …
Islamic Family Law And Anglo-American Public Policy, David Pearl
Islamic Family Law And Anglo-American Public Policy, David Pearl
Cleveland State Law Review
This Article discusses the response of the English judiciary and legislature to the differing expectations and norms of the Muslim community living in its midst. Although the emphasis is necessarily on the English experience, it is hoped that the problems and the reactions will have echoes on the other side of the Atlantic. England, perhaps more than the United States, enjoys an ecclesiastical entrenchment in historical terms. Little of this experience however should be left in the ongoing day to day reality of the administration of family law. This Article proposes that pluralism and diversity must be a central theme …
Constitutional Citizenship, Paul Brest
Constitutional Citizenship, Paul Brest
Cleveland State Law Review
Our practices for determining issues of public morality are deeply flawed. We rely too heavily on the Supreme Court of the United States to determine them for us. We give too much responsibility to the Court, and too little to other institutions; we evade our own responsibility as citizens in a democratic polity. The problem is not that too many issues are "constitutionalized," for many of our most important public moral issues are quite properly treated as constitutional questions. The problem, rather, is that we assume that only the Court is authorized to decide, or is capable of deciding, constitutional …
The Definition Of A Security Under The Federal Securities Law Revisited, M. Thomas Arnold
The Definition Of A Security Under The Federal Securities Law Revisited, M. Thomas Arnold
Cleveland State Law Review
The United States Supreme Court recently decided two cases involving the definition of "security" as used in the federal securities acts. In this brief case comment I will summarize the majority and dissenting opinions in Landreth Timber Co. v. Landreth, and Gould v. Ruefenacht . I will then comment on some of the policy questions raised by the cases, and conclude by evaluating how much guidance the two cases provide on the proper definition of "security".
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Cleveland State Law Review
The lower federal courts and state courts have been applying the first amendment in student press cases arising at public colleges and high schools since 1967. But ordinary first amendment analysis is inadequate in most student press disputes. As a result the courts in some cases have been unable to articulate satisfactorily the bases for good decisions. And in other cases the real issues generated in student press litigations have been ignored. This Article evaluates the cases so far decided, and proposes a new approach to student press disputes which would rationalize what the courts have intuitively done correctly in …
The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers
The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers
Cleveland State Law Review
The costs associated with the disposal of toxic waste can be classified in two ways. The first category is made up of environmental losses such as the contamination of rivers, lakes, and ground water with the resulting destruction of aquatic life, wildlife, and vegetation and includes expenses incurred in cleanup. The second category is comprised of losses sustained by individuals and includes both property damage and physical injury resulting from direct or indirect contact with hazardous wastes. Injured individuals have two options in their pursuit of compensation: statutory and common law. This Article argues that statutory recourse is not only …
Voluntary Manslaughter After Patterson: An Analysis Of Ohio Law, Margaret M. Higgins
Voluntary Manslaughter After Patterson: An Analysis Of Ohio Law, Margaret M. Higgins
Cleveland State Law Review
Ohio courts have struggled to divine the constitutional mandate of the reasonable doubt standard while simultaneously attempting to give a viable interpretation to the state's relatively new manslaughter law. Their approach has resulted in an unusual definition of manslaughter which has proven particularly unworkable. In addition, several other problems have developed as a result of the enactment of the manslaughter law. First, the policy espoused by the Supreme Court in its decisions has been abrogated under Ohio law. Second, Ohio law nearly abandons the distinction between murder and manslaughter. This is especially dangerous in light of the presumption of criminal …
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Cleveland State Law Review
Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material …
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Cleveland State Law Review
Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material …
Formal Rationality In Islamic Law And The Common Law, John Makdisi
Formal Rationality In Islamic Law And The Common Law, John Makdisi
Cleveland State Law Review
Rationality in a legal system suggests a consistent set of legal propositions as well as methods for modifying, limiting, and expanding the laws which are governed by some type of logical apparatus. It is a desirable characteristic because it furthers one of the primary ends of a legal system: It facilitates social interaction by enabling members of society to calculate the consequences of their conduct. It is not an easy concept to define, however. Rationality may take different forms, more or less formal, more or less innovative. These different forms shall be examined to determine the type of rationality which …
The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq
The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq
Cleveland State Law Review
It is only reasonable to assume that dissimilar legal systems possess dissimilar patterns of legal reasoning. Inasmuch as two legal systems differ in their structure and function, they also differ in the types of arguments they employ in their service. It may well be argued that law is, in the final analysis, the product of the premises and methods from and through which it is derived. Two such legal systems which display a vast difference in their overall structure and function are Islamic law and the common law. This paper proposes to shed some light on the logic of legal …