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Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman Jan 2011

Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman

Law Faculty Publications

Peter Lovenheim owned a small stake in Iroquois Brands, Ltd (Iroquois). He proposed that the corporation discontinue its distribution of one product, pâté de foie gras, because he objected to the treatment of the geese necessary to the production of the product. Under federal regulations, Iroquois was required to include such proposals in the proxy materials it sent out in advance of its annual shareholder meeting unless an exception applied. Iroquois Brands thought it could exclude the proposal because the product in question constituted a trivial part of its business. Lovenheim went to the District Court seeking an order requiring ...


A Path Not Taken: Hans Kelsen's Pure Theory Of Law In The Land Of Legal Realists, D. A. Jeremy Telman Jan 2010

A Path Not Taken: Hans Kelsen's Pure Theory Of Law In The Land Of Legal Realists, D. A. Jeremy Telman

Law Faculty Publications

This Essay is a contribution to a volume on the influence of Hans Kelsen’s legal theory in over a dozen countries. The Essay offers four explanations for the failure of Kelsen’s pure theory of law to take hold in the United States. Part I covers the argument that Kelsen’s approach failed in the United States because it is inferior to H. L. A. Hart’s brand of legal positivism. Part II discusses the historical context in which Kelsen taught and published in the United States and explores both philosophical and sociological reasons why the legal academy in ...


Bryson On Virginia Civil Procedure - Fourth Edition, William Hamilton Bryson Jan 2005

Bryson On Virginia Civil Procedure - Fourth Edition, William Hamilton Bryson

Law Faculty Publications

The scope of this work is the procedure and practice of civil litigation in Virginia state courts. Occasionally, there will be an excursus into relevant Virginia legal history in order to give the background to the present state of the law. This book proceeds generally from pretrial litigation devices to jurisdiction and parties, pleading, discovery, motions at trial, appeals and enforcement of final judgments. It does not include the law of evidence, probate proceedings, criminal procedure, administrative practice, or federal law.


Cases Concerning Equity And The Courts Of Equity 1550-1660, William Hamilton Bryson Jan 2001

Cases Concerning Equity And The Courts Of Equity 1550-1660, William Hamilton Bryson

Law Faculty Publications

This volume of previously unpublished equity reports in the period 1550-1660 includes cases of substantive equity prosecuted by English bill procedure, cases that explain the jurisdiction, procedures, and practices of the courts of equity in England, and a few cases from the courts of common law that touch on and consider the jurisdiction of the equity courts. Also included are cases in the equity courts that involve equitable remedies needed to protect common law rights. Frequently the equity judge had to determine a common law right before an equitable remedy could be granted.


Virginia Law Books: Essays And Bibliographies, William Hamilton Bryson Jan 2000

Virginia Law Books: Essays And Bibliographies, William Hamilton Bryson

Law Faculty Publications

The making of this collection was inspired by two phenomena. The first was the publication in 1990 of Erwin Surrency's book, A History of American Law Publishing. This book was enthusiastically received as the first comprehensive book on law publishing in America. I join in the praise of Professor Surrency, and I have valued his friendship for many years. However, his book is the beginning, not the end, of the study of the subject; it is the pathbreaker and the guide to further research. This collection of essays and bibliographies attempts to provide another piece of the larger picture ...


A Bibliography Of Virginia Legal History Before 1900, Second Edition, William Hamilton Bryson Jan 1997

A Bibliography Of Virginia Legal History Before 1900, Second Edition, William Hamilton Bryson

Law Faculty Publications

Second Edition. The purpose of this bibliography is to facilitate the writing of legal history. Many of the entries refer to articles and books which were written before 1900 and were never intended to be historical treatments of their subjects but rather to be commentaries on the contemporary law. The other major type of entry is biographical sketches, usually obituaries, of judges and lawyers. Obituaries in newspapers have not been included. The periodical sources have been searched through the last 1977 issues. This bibliography is limited to secondary materials because the references to the primary sources are already readily available.


The Virginia Law Reporters Before 1880, William Hamilton Bryson Jan 1997

The Virginia Law Reporters Before 1880, William Hamilton Bryson

Law Faculty Publications

Who or what was meant by Gratt., Hen. & M., Gilm., and the other references to the older Virginia legal authorities? A cursory investigation revealed that the eighteenth- and nineteenth-century law reporters, whose reports bear their own names, include in their number men of the highest political and legal visibility, such as Thomas Jefferson and George Wythe, as well as persons who are very little known. This series of biographical sketches of the Virginia law reporters whose publications are cited by their own names, is organized according to the older custom. This volume brings together through their common interest in law ...


The Law Reports Of J. Singleton Diggs Of Lynchburg, Virginia, William Hamilton Bryson Jan 1997

The Law Reports Of J. Singleton Diggs Of Lynchburg, Virginia, William Hamilton Bryson

Law Faculty Publications

John Singleton Diggs practiced law in Lynchburg, and he served in the Senate of Virginia representing the City of Lynchburg and Campbell County from 1881 to 1887. He was then judge of the Corporation Court of the City of Lynchburg from 1888 to 1895. After that, he returned to the practice of law in Lynchburg. The first edition of Decisions of Judge J. Singleton Diggs of Corporation Court of Lynchburg, Va., was published without any mention of place or date of publication or of publisher or printer. The original edition of these five cases was 49 pages. It is now ...


Sir John Randolph's King's Bench Reports 1715 To 1716, William Hamilton Bryson Jan 1996

Sir John Randolph's King's Bench Reports 1715 To 1716, William Hamilton Bryson

Law Faculty Publications

On October 1, 1712, the governor of Virginia appointed John Randolph king's attorney for Charles City, Henrico, and Prince George counties. The existence of reports shows that he diligently attended the courts, observed the proceedings there astutely, and made careful notes. The surviving manuscript is not likely to be the notes actually made in court. It has a formal title, and the reports are written out in complete sentences with very few abbreviated words.


An Index Of Printed Virginia Trial Court Opinions Between 1850 And 1928, William Hamilton Bryson Jan 1995

An Index Of Printed Virginia Trial Court Opinions Between 1850 And 1928, William Hamilton Bryson

Law Faculty Publications

In the latter half of the nineteenth and the first quarter of the twentieth centuries, the Virginia bench and bar were served by four law journals. These were The Quarterly Law Journal (1856-1859), The Quarterly Law Review (1860-1861) The Virginia Law Journal (1877- 1893), and The Virginia Law Register (1895-1928). One of their major functions was the publication of the full texts of selected judicial opinions. Although most of these cases were from the Virginia Supreme Court of Appeals, there were also many from the lower courts of The Old Dominion. The Virginia Supreme Court opinions were later published in ...


A Bibliography Of Virginia Legal History Before 1900, William Hamilton Bryson Jan 1979

A Bibliography Of Virginia Legal History Before 1900, William Hamilton Bryson

Law Faculty Publications

The purpose of this bibliography is to facilitate the writing of legal history. Many of the entries refer to articles and books which were written before 1900 and were never intended to be historical treatments of their subjects but rather to be commentaries on the contemporary law. The other major type of entry is biographical sketches, usually obituaries, of judges and lawyers. Obituaries in newspapers have not been included. The periodical sources have been searched through the last 1977 issues. This bibliography is limited to secondary materials because the references to the primary sources are already readily available.