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Full-Text Articles in Law

Book Reviews, Donald P. Kommers, I. C. Rand Dec 1961

Book Reviews, Donald P. Kommers, I. C. Rand

Vanderbilt Law Review

Law and Social Process in United States History:

The excellence of Law and Social Process in United States History in every respect matches the high honor accorded Professor Hurst when invited to deliver the ninth series of the Thomas M. Cooley Lectures under the sponsorship of the University of Michigan Law School. This volume, following upon the heels of his Growth of American Law and Law and the Conditions of Freedom, the latter having won the James Barr Ames prize granted quadrennially by the Harvard Law School, merely affirms his stature as an eminent legal historian. Like the earlier volumes, …


Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard Dec 1961

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

All Faculty Scholarship

No abstract provided.


Wills-Revocation By Act To The Document-Effect On Codicil, Roger W. Kapp S. Ed Nov 1961

Wills-Revocation By Act To The Document-Effect On Codicil, Roger W. Kapp S. Ed

Michigan Law Review

The term codicil generally refers to a supplement to a will by which the testator alters or adds to his will. It may be nominated a codicil by the testator or held to be one by judicial construction. If it is to be operative at all, a codicil must of course be executed with all the formalities required by the statute of wills. But, just as it is difficult to describe a codicil without reference to a primary testamentary document, so also is it difficult to determine the status of an otherwise valid codicil when the will it supplements has …


Three Papers From The Annual Meeting Held On October 26 And 27, 1961 In Williamsburg, Virginia, William F. Swindler, James A. Servies, Dudley Warner Woodbridge Oct 1961

Three Papers From The Annual Meeting Held On October 26 And 27, 1961 In Williamsburg, Virginia, William F. Swindler, James A. Servies, Dudley Warner Woodbridge

Library Events

Legal History -- Unhappy Hybrid by William F. Swindler

Not in the Law Alone by James A. Servies

Williamsburg -- A 20-Minute History by Dudley W. Woodbridge


The Opinion Volume 11 Number 1 – October 1, 1961, The Opinion Oct 1961

The Opinion Volume 11 Number 1 – October 1, 1961, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 1, 1961


Law And History, C. J. Friedrich Oct 1961

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 Opinion Volume 10 Number 2 – April 1, 1961, The Opinion Apr 1961

The Opinion Volume 10 Number 2 – April 1, 1961, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 1, 1961


The Rule Of Law In Historical Perspective, W. Burnett Harvey Feb 1961

The Rule Of Law In Historical Perspective, W. Burnett Harvey

Michigan Law Review

Events of the past two decades have made imperative a fundamental re-examination of the basis of government and the legal order. The gross inhumanities of the German and Japanese regimes during the Second World War are fresh in our memories. In many areas of the world today, the force of law is being used for the systematic suppression of claims to freedom and human dignity. The revolutionary ferment of the post-war years has brought into existence new governments with the task of determining their fundamental orientation and the direction of their legal orders.


The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep Feb 1961

The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep

Michigan Law Review

In a nutshell, the topic of this paper is "Comstockery and the Bowdlerizing of Ideas." The thesis here asserted is that the Rule of Law is violated when legislatures succumb to modern attempts by the often pathologically-motivated zealot legally to freeze current tastes in moral and political beliefs. The relationship between taste statutes and the seemingly esoteric topic, "The Legislative Process and the Rule of Law," is based on the premise that the maximum possible degree of intellectual freedom for each individual is an essential ingredient in the legal system of a civilized society.


The United States-Rumanian Claims Settlement Agreement Of March 30, 1960, Gordon A. Christenson Jan 1961

The United States-Rumanian Claims Settlement Agreement Of March 30, 1960, Gordon A. Christenson

Faculty Articles and Other Publications

On March 30, 1960, the United States and Rumania settled by agreement certain claims of American nationals against Rumania. The agreement provides for the payment by Rumania of a lump sum in discharge of those claims. In recent years the device of the en-bloc or lump-sum settlement of international claims has to some extent replaced the use of the mixed claims commission.


A Note On Symbolic Logic And The Law, Robert S. Summers Jan 1961

A Note On Symbolic Logic And The Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


The Form And Nature Of 'Acceptilatio' In Classical Roman Law, Alan Watson Jan 1961

The Form And Nature Of 'Acceptilatio' In Classical Roman Law, Alan Watson

Scholarly Works

Until recently, it would seem to have been agreed among Romanists that in early classical roman law only one form of words, namely 'Habesne acceptum? habeo' was permitted for a valid 'acceptilatio', but that by the time of Ulpian a second form (and no more), namely 'Acceptum facis? facio' had been accepted. Indeed, that this was the position is accepted without discussion by Mr. Nicholas in a very thorough article on the form of the stipulation. Mr. Nicholas' main goal is to show that in classical law 'stipulatio' was a formal act and required to be made in one of …


The Rule Of Law In Historical Perspective, William Burnett Harvey Jan 1961

The Rule Of Law In Historical Perspective, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


United States Foreign Trade: Past, Present And Future, Stanley D. Metzger Jan 1961

United States Foreign Trade: Past, Present And Future, Stanley D. Metzger

Villanova Law Review

No abstract provided.


The Dred Scott Case And Judicial Statesmanship, Edward J. Bander Jan 1961

The Dred Scott Case And Judicial Statesmanship, Edward J. Bander

Villanova Law Review

No abstract provided.


The Challenge Of The Rule Of Law, William Burnett Harvey Jan 1961

The Challenge Of The Rule Of Law, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


Legal Sanctions, Jerome Hall Jan 1961

Legal Sanctions, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Dawson: A History Of Lay Judges, Spencer L. Kimball Jan 1961

Dawson: A History Of Lay Judges, Spencer L. Kimball

Michigan Law Review

A Review of A History of Lay Judges . By John P. Dawson


Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg Jan 1961

Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg

Michigan Law Review

A Review of American Enterprise in the European Common Market: A Legal Profile. Vol. II. Volume Two. Edited by Eric Stein and Thomas L. Nicholson.


Appendix M: Independent Or Semi-Independent States Established Since World War Ii, Carl M. Franklin Jan 1961

Appendix M: Independent Or Semi-Independent States Established Since World War Ii, Carl M. Franklin

International Law Studies

No abstract provided.


Appendix N: How Wide The Territorial Sea?, Carl M. Franklin Jan 1961

Appendix N: How Wide The Territorial Sea?, Carl M. Franklin

International Law Studies

No abstract provided.


Appendix L: Twelve-State Treaty Guaranteeing Nonmilitarization Of Antarctica And Freedom Of Scientific Investigation, Carl M. Franklin Jan 1961

Appendix L: Twelve-State Treaty Guaranteeing Nonmilitarization Of Antarctica And Freedom Of Scientific Investigation, Carl M. Franklin

International Law Studies

No abstract provided.


Sullivan: Conservation Of Oil And Gas. A Legal History - 1958, Joseph R. Julin Jan 1961

Sullivan: Conservation Of Oil And Gas. A Legal History - 1958, Joseph R. Julin

Michigan Law Review

A Review of Conservation of Oil and Gas. A Legal History - 1958. Edited by Robert E. Sullivan.