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Full-Text Articles in Jurisprudence
Due Process Traditionalism, Cass R. Sunstein
Due Process Traditionalism, Cass R. Sunstein
Michigan Law Review
In important cases, the Supreme Court has limited the scope of "substantive due process" by reference to tradition, but it has yet to explain why it has done so. Due process traditionalism might be defended in several distinctive ways. The most ambitious defense draws on a set of ideas associated with Edmund Burke and Friedrich Hayek, who suggested that traditions have special credentials by virtue of their acceptance by many minds. But this defense runs into three problems. Those who have participated in a tradition may not have accepted any relevant proposition; they might suffer from a systematic bias; and …
What Is Happening In The Conflict Of Laws: Three Supreme Court Cases, Wendell Carnahan
What Is Happening In The Conflict Of Laws: Three Supreme Court Cases, Wendell Carnahan
Vanderbilt Law Review
An answer to the topical inquiry is "A great deal" but full explanation of the general answer to a very big question cannot be attempted in a single article. Instead, attention will be directed primarily to the opinions in three cases decided on the same day by the Supreme Court of the United States. These cases present problems in the segments of conflict of laws dealing with principles of forum non conveniens and full faith to a statute,' jurisdiction over a foreign corporation and a combination of choice of laws rules and judicial recognition of an alimony award. These cases …
Book Reviews, Carl B. Swisher (Reviewer), Elvin E. Overton (Reviewer), Jay Murphy (Reviewer), Charlotte Williams (Reviewer), Alexander Holtzoff (Reviewer)
Book Reviews, Carl B. Swisher (Reviewer), Elvin E. Overton (Reviewer), Jay Murphy (Reviewer), Charlotte Williams (Reviewer), Alexander Holtzoff (Reviewer)
Vanderbilt Law Review
Book Reviews
LIONS UNDER THE THRONE
By Charles P. Curtis, Jr.
Boston: Houghton Mifflin, 1947. Pp. xviii, 368. $3.50
MR. JUSTICE BLACK: THE MAN AND His OPINIONS
By John P. Frank (Introduction by Charles A. Beard)
New York: Knopf Company, 1949.Pp. xix, 357. $4.00
ON UNDERSTANDING THE SUPREME COURT
By Paul A. Freund
Boston: Little, Brown & Co., 1949. Pp. vi, 130. $3.00
MELVILLE VESTON FULLER: CHIEF JUSTICE OF THE UNITED STATES, 1888-1919
By Willard L. King
New York: Macmillan Company, 1950. Pp.394. $5.00
CHIEF JUSTICE STONE AND THE SUPREME COURT
By Samuel J. Konefsky (Prefatory Note by Charles A. …