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Full-Text Articles in Law
Better Days In Court For A New Day's Problems, Roger I. Traynor Honorable
Better Days In Court For A New Day's Problems, Roger I. Traynor Honorable
Vanderbilt Law Review
We do not lack first-rate proposals for court organization and administration and procedures that would befit a new day. Neither do we lack well-conceived plans for the selection and retention of judges that would attract able and independent men to the bench. Nevertheless, the few states that have undertaken substantial reforms are far outnumbered by those that have not. It is high time to inquire why there has been such a woeful lack of will in the legal profession throughout the country to have done with ways so antiquated as chronically to impede the just operation of the laws. It …
The Model Cities Program, Otto J. Hetzel, David E. Pinsky
The Model Cities Program, Otto J. Hetzel, David E. Pinsky
Vanderbilt Law Review
The period from 1961 through 1965 saw a dramatic increase in the number of federal grant-in-aid programs and the total federal funding levels directed at curing the ills of the urban community. There was a persistent anxiety, however, that, despite the proliferation of new drugs administered to the patient for his array of symptoms, the progress was not satisfactory, and that time was running out. In October, 1965, a Task Force on Urban Problems was appointed by President Johnson to study urban problems and recommend action. The Task Force looked at the prior efforts and decided a new approach was …
The Local Administrative Agencies, Maurice H. Merrill
The Local Administrative Agencies, Maurice H. Merrill
Vanderbilt Law Review
We have become accustomed to the concept, once thoroughly horrendous to most lawyers, that the dispensation of justice may, be properly entrusted to those tribunals which, for want of a better term, we label administrative. In past years they were considered the illicit offspring of miscegenatious commingling of powers which,constitutionally, should have been kept in rigid segregation. In the last half century, this habit of thought has all but disappeared; our concern has been rather with the full acknowledgment and acceptance of these agencies into the family of makers and appliers of the law. We have undertaken to nurture and …
The Role Of Law In The Negotiated Settlement Of International Disputes, James K. Irvin
The Role Of Law In The Negotiated Settlement Of International Disputes, James K. Irvin
Vanderbilt Journal of Transnational Law
One of the chief functions of any legal system is to provide the machinery for settling disputes between members of the society which the system serves. No legal system can be expected to solve all such disputes, but law can create an atmosphere in which the parties themselves may effect, without bloodshed, the resolution, minimization or avoidance of disputes. The disputants may choose an arbiter or conciliator to reach a settlement for them, or they may bargain and compromise until they find a common basis for an agreement ending the dispute. The latter process, called negotiation, is the most effective …
The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers
The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers
Vanderbilt Journal of Transnational Law
Very little is known about the role that courts play in the total political system of a nation. In two recent works Professors Walter Murphy and Joseph Tanenhaus have centered attention on this question and have isolated some of the major functions of courts and developed several working hypotheses concerning these functions. They suggest that one of the major functions of constitutional courts consists of "defining the rules of the political game and determining the boundaries of authority between competing public officials as well as the boundaries between governmental authority and individual liberty." In approving or disapproving the acts of …