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Full-Text Articles in Law
Law And History, C. J. Friedrich
Law And History, C. J. Friedrich
Vanderbilt Law Review
Law is frozen history. In an elementary sense, everything we study when we study law is the report of an event in history, and all history consists of such records or reports. It therefore cannot be my task to develop a sermon on the importance of historical records for the understanding of the law; the tie is too intimate and too obvious to need laboring." The work of Professor Maine on 'Ancient Law,'" wrote Professor T. W. Dwight in his Introduction to that book in the sixties of the last century, "is almost the only one in the English language …
The Next Step: Uniform Rules For The Courts Of Appeals, Milton D. Green
The Next Step: Uniform Rules For The Courts Of Appeals, Milton D. Green
Vanderbilt Law Review
The adoption of the Federal Rules of Civil Procedure in 1938 maybe regarded as one of the great landmarks of procedural reform in the United States. The many innovations and improvements over prior practice which were effected are well known. Not the least of these was the achievement of uniformity of procedure in all of the federal district courts of the United States, replacing the chaotic confusion which had existed under the Conformity Act.' Although the Federal Rules were addressed primarily to practice and procedure in the district courts, they also dealt with certain aspects of appellate practice. This was …
Hickman V. Jencks, Edward W. Cleary
Hickman V. Jencks, Edward W. Cleary
Vanderbilt Law Review
In recent years the Supreme Court of the United States has decided two cases with fundamental impact upon the status of the legal profession in the litigatory process. Although the two cases are intimately related, the opinion in the second did not mention the first, and the two decisions have never really been laid side by side.' It is proposed here to explore their mutual implications.
Supreme Court Attitudes Toward Federal Administrative Agencies, Joseph Tanenhaus
Supreme Court Attitudes Toward Federal Administrative Agencies, Joseph Tanenhaus
Vanderbilt Law Review
This article reports for a legal audience an examination by social science methods of the validity of certain hypotheses about the behavior of the United States Supreme Court and of its individual members. In order that this study may be viewed in broader perspective,the first part of the essay surveys the prior uses of social science methods in dealing with the judicial process.