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Jurisprudence Commons™

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Common Law

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Selected Works

2012

Articles 1 - 2 of 2

Full-Text Articles in Jurisprudence

Problems In American Legal Methodology, Stephen Utz Jul 2012

Problems In American Legal Methodology, Stephen Utz

Stephen Gerard Utz

The obsession of common-law scholars and jurists with analogy, the apparent bedrock of stare decisis, has obscured our vision of the actually quite varied patterns of legal reasoning, even as we ourselves practice it. The problem is that analogy is too capacious a concept to be used effectively in defining a single sort of inference or analysis. This article advocates a more discriminating use of the concept of analogy, drawing on German methodological thought.

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The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola May 2012

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola

Abdullahi Saliu Ishola

This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …

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