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Full-Text Articles in Jurisprudence
Indigent Access To Civil Courts: The Tiger Is At The Gates, Wayne H. Scott
Indigent Access To Civil Courts: The Tiger Is At The Gates, Wayne H. Scott
Vanderbilt Law Review
The accusation that justice in America has become a luxury has been heard with increasing frequency in recent years. An often criticized aspect of this perceived discrimination is that the poor are systematically deprived of effective access, and frequently of any access at all, to the judicial process by the varied and burdensome expenses of civil litigation.' Although these financial barriers have been subjected to increasingly successful attacks in the courts, the extent to which they have been lowered remains unclear. Nevertheless, an examination of the steps already taken to alleviate the problem of the indigent civil litigant raises hopes …
A Comparison Of The Roles Of American And Civil Law Judges In The Development Of The Law, James C. Hair
A Comparison Of The Roles Of American And Civil Law Judges In The Development Of The Law, James C. Hair
Vanderbilt Journal of Transnational Law
The traditional distinction between a judge in the Civil Law System and his counterpart in the United States is that the former only applies codified law, while the latter not only applies but also "makes" law through judicial decision. The theory underlying the Civil Law System holds that development of the law is the exclusive province of the legislature and that judges are not to engage in such activity unless the legislature permits it. In France, for example, to ensure that judges do not exceed their authority, the Civil Code prohibits a judge, under threat of criminal sanction, from basing …
Equity -- 1960 Tennessee Survey, T. A. Smedley
Equity -- 1960 Tennessee Survey, T. A. Smedley
Vanderbilt Law Review
While no decisions involving momentous developments in equity jurisprudence have been handed down during the past year, the Tennessee Chancery Courts have on several occasions demonstrated a tendency to free themselves from artificial restrictions on the operation of traditional equitable remedies. Illustrating this inclination are cases which resulted in decrees removing a cloud on title, granting partial specific performance of a land sale contract, awarding punitive damages, and granting injunctive relief against a county's perpetration of a nuisance. Another series of cases contributed some clarifying rulings regarding the scope of the right to jury trial in chancery proceedings.