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Full-Text Articles in Law

The Rule Of Law And The Modern Social Welfare State, Roscoe Pound Dec 1953

The Rule Of Law And The Modern Social Welfare State, Roscoe Pound

Vanderbilt Law Review

Professor Friedmann, who had already made a notable contribution to jurisprudence in his Legal Theory, now in its second edition, has now made a second and perhaps even more notable contribution toward understanding the role and presaging the future of the common law system in the society of today. His purpose is a reassessment of the function of law and of legal institutions in England a half century after Dicey's Law and Public Opinion in England during the Nineteenth Century, comparing the economic function of law and how the common law was adapted to it in the nineteenth century with …


Habeas Corpus And Court-Martial Prisoners, James Snedeker Feb 1953

Habeas Corpus And Court-Martial Prisoners, James Snedeker

Vanderbilt Law Review

The origin of habeas corpus is lost in the mists of history. The leading idea, deliverance by summary legal process from illegal confinement, was present in the laws of countries in existence prior to the beginning of the English law and in other countries which derived none of their principles of jurisprudence or rules of procedure from English law. It was known to Roman law and to old Spanish law. It was recognized by the Magna Charta in 1215, although such recognition was probably not a primary purpose of the barons in forcing King John to sign that document. The …


Advertising And The Buyer's Remedies, Ronald A. May, John C. Nowell Jr. Feb 1953

Advertising And The Buyer's Remedies, Ronald A. May, John C. Nowell Jr.

Vanderbilt Law Review

The institution of advertising is of comparatively ancient origin.'Indeed, many of the features of modern advertising and many of its abuses were present in the formative period of the common law of sales. However, when the total national expenditure for advertising exceeds five and a half billion dollars, as it did in 1950, there is evidence that this institution has grown beyond the imaginations of the 17th and 18th century jurists. Particularly is this true when we consider the continent-wide scope of present-day advertising. It seems self-evident that the contact which existed between producers and consumers in earlier economic systems …