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Full-Text Articles in Law

Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers Dec 1978

Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers

Cornell Law Faculty Publications

The late Lon L. Fuller played an influential role in the development of American jurisprudence, but his views have not always prevailed. In this tribute to the memory of Professor Fuller, Professor Summers outlines the major tenets of what he perceives to be our dominant philosophy of law – “pragmatic instrumentalism” – by way of contrasting that philosophy with the views of Professor Fuller. Professor Summers concludes that these two philosophies differ in many important respects and that our dominant philosophy of law should accommodate, and may indeed already be in the process of accommodating, the thought of Professor Fuller.


Clinical Education-A Golden Dancer?, W. Wade Berryhill Oct 1978

Clinical Education-A Golden Dancer?, W. Wade Berryhill

Law Faculty Publications

Clinical education is acclaimed by its advocates to be the salvation of the wayward and sick soul of the legal profession. Others, the staunch defenders of the more traditional academic methods, believing it to be nothing more than spit and sealing wax, shake their heads and murmur "is nothing sacred?" The purpose of this paper is to take a good "look behind the paint" of clinical education.


American Bar Association Meeting Prayer Breakfast, Lewis F. Powell Jr. Aug 1978

American Bar Association Meeting Prayer Breakfast, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.


Reflections On A Unified Theory Of Motive, Theodore Eisenberg Aug 1978

Reflections On A Unified Theory Of Motive, Theodore Eisenberg

Cornell Law Faculty Publications

No abstract provided.


Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin Jun 1978

Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin

Cornell Law Faculty Publications

In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth …


Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers Jun 1978

Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Intellectual Life In The Colonial South, 1585-1763, William Hamilton Bryson Jan 1978

Intellectual Life In The Colonial South, 1585-1763, William Hamilton Bryson

Law Faculty Publications

A book review on, Intellectual Life in the Colonial South, 1585-1763, by Richard Beale Davis.


Altruism And Professionalism: Boston And The Rise Of Organized Legal Aid, 1900-1925, Part Ii, Michael Grossberg Jan 1978

Altruism And Professionalism: Boston And The Rise Of Organized Legal Aid, 1900-1925, Part Ii, Michael Grossberg

Articles by Maurer Faculty

The Boston Legal Aid Society was founded in 1900. In the years after 1910, led by General Counsel Reginald Heber Smith, the Society assumed leadership of the fledgling movement to offer legal services to the urban poor. Under its influence the first organized attack on the legal problems of the impoverished was launched. The effort had its origins in the social and professional crises that beset turn of the century American cities and lawyers. As described in the first installment of this article, the major difficulty facing the movement during this generative era was how to balance the conflicting demands …


Altruism And Professionalism: Boston And The Rise Of Organized Legal Aid, 1900-1925, Part I, Michael Grossberg Jan 1978

Altruism And Professionalism: Boston And The Rise Of Organized Legal Aid, 1900-1925, Part I, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel Jan 1978

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

Publications

No abstract provided.


Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse Jan 1978

Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr. Jan 1978

An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


The Business Of The Supreme Court Under The Judiciary Act Of 1925: The Plenary Docket In The 1970'S, Arthur D. Hellman Jan 1978

The Business Of The Supreme Court Under The Judiciary Act Of 1925: The Plenary Docket In The 1970'S, Arthur D. Hellman

Articles

During the last decade, the Supreme Court has been deciding 65 to 70 cases a Term after oral argument. That represents a sharp decline from the 1970s and 1980s, the era of the Burger Court, when the Court was deciding about 150 cases a Term. The Burger Court’s docket, in turn, reflected a shift from the 1960s, when the docket was smaller. In short, what is “normal” for the plenary docket varies from one era to another. The period of the Burger Court retains a special interest in that regard because that was the only period after World War II …