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Articles 241 - 261 of 261

Full-Text Articles in Legal History

Legal Protection For The Exporting Region, Gary D. Weatherford Jun 1982

Legal Protection For The Exporting Region, Gary D. Weatherford

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

13 pages.

Contains footnotes and references.

Contains 1 attachment.

The text of a second attachment has been omitted: "Area of Origin Statutes - The California Experience," Ronald B. Robie, Russell R. Kletzing, 15 Idaho L. Rev. 419 (1979).


The Clean Water Act As A Restraint On Interbasin Transfers Of Water, Sue Ellen Harrison May 1982

The Clean Water Act As A Restraint On Interbasin Transfers Of Water, Sue Ellen Harrison

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

44 pages.

Contains references.

Contains 1 attachment.


The General Duty Of Good Faith – Its Recognition And Conceptualization, Robert S. Summers Jan 1982

The General Duty Of Good Faith – Its Recognition And Conceptualization, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg Dec 1981

Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg

Law Faculty Scholarly Articles

In considering American common law doctrines shaped during the nineteenth century, commentators have advanced differing theories on the primary judicial criteria employed by judges. Recent studies have argued that these doctrines reflect a criterion of economic efficiency. This work has been criticized for its failure to explain why there seems to be a correlation between efficiency and these decision rules or why judges might have preferred efficiency over other decisional criteria. Other studies have proposed that many judicial doctrines announced before the Civil War were intended to facilitate or ratify major shifts in the distribution of social wealth. This article ...


Book Review. Transcending Covenant And Debt, Morris S. Arnold Jan 1976

Book Review. Transcending Covenant And Debt, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Fourteenth-Century Promises, Morris S. Arnold Jan 1976

Fourteenth-Century Promises, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Divorce In Utopia, Thomas A. Cowan Jan 1971

Divorce In Utopia, Thomas A. Cowan

Indiana Law Journal

No abstract provided.


The Anomalous Position Of The Insurance Agent - An Invitation To Schizophrenia, Robert M. Morrison Jan 1967

The Anomalous Position Of The Insurance Agent - An Invitation To Schizophrenia, Robert M. Morrison

Villanova Law Review

No abstract provided.


Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva Jan 1966

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney Jan 1966

Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney

Villanova Law Review

No abstract provided.


Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva Dec 1957

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Historical Development Of The Law Of Contracts To Devise Or Bequeath, Bertel M. Sparks Jan 1954

Historical Development Of The Law Of Contracts To Devise Or Bequeath, Bertel M. Sparks

Kentucky Law Journal

No abstract provided.


Treaties And Executive Agreements A Reply, Edwin Borchard Jan 1945

Treaties And Executive Agreements A Reply, Edwin Borchard

Faculty Scholarship Series

The authors of the articles under reply, Messrs. McDougal and Lans, have, like McClure, essayed to show that the treaty and the executive agreement are interchangeable, and, since executive agreements are simpler to conclude, they advocate disregarding as obsolete the treaty-making power, requiring, as it does, the consent of two thirds of the Senate, and substituting for it the use of the executive agreement. In that demand they differ radically from the constitutional conclusions which the writer, as well as many other students of the subject, have reached. To give their proposal a more “democratic” tinge, the authors propose what ...


Shall The Executive Agreement Replace The Treaty, Edwin Borchard Jan 1944

Shall The Executive Agreement Replace The Treaty, Edwin Borchard

Faculty Scholarship Series

In recent years many political leaders and publicists have sought to prove that the treaty-making process, requiring the "undemocratic." valid and desirable preferably without congressional approval or, by a majority of Congress. 1300 executive agreements have been concluded history, as contrasted 900 i8 that up to 1928 only 15 for good reasons; treaties have been amended by have benefited the nation.

BASES OF THE PROPOSALS FOR CHANGE

The recent proposals for a change in the Constitution, either with or without benefit of a constitutional amendment, have their origin in several grievances and are said to derive moral support from several ...


Relation Between International Law And Municipal Law, Edwin Borchard Jan 1940

Relation Between International Law And Municipal Law, Edwin Borchard

Faculty Scholarship Series

Recent events on this continent make it seem appropriate once more to discuss the much – debated question of the relation between international law and municipal law. For one school, the dualists, municipal law prevails in case of conflict; for the other school, the monists international law prevails. There are two special features about the debate which warrant mention: first, that while the disputants do not widely differ in the ultimate solution of practical problems, they do differ considerably in their major premises and in the resulting theories; and second, that the attempt of various countries on occasion to escape the ...


Protection Of Citizens Abroad And Change Of Original Nationality, Edwin Borchard Jan 1934

Protection Of Citizens Abroad And Change Of Original Nationality, Edwin Borchard

Faculty Scholarship Series

Precedent and time are the creators and preservers of customary law. So strong is the force of habit in human behavior that man in doubt or distress instinctively turns to past experience to see how his forbears dealt with similar problems. The law, which is the cement holding together the social structure, is, in its evolution as a conservative force, of necessity driven to search for precedents and to profit by them in building certainty and thereby security. Without landmarks there is no system; and for the very reason that international law is deficient in its lack of a legislature ...


Judicial Relief For Insecurity, Edwin Borchard Jan 1933

Judicial Relief For Insecurity, Edwin Borchard

Faculty Scholarship Series

In an earlier article' an attempt was made to criticize the narrowness of view which has limited the concept of "wrongs" and "cause of action” to committed delicts, and the concept of the judicial process, to their redress. This superficial view of legal relations and of the judicial function has obscured realization of the fact that harm is done and rights are impaired or jeopardized by mere dispute or challenge before and without any physical attack. The mere existence of an instrument, the denial of a right, the assertion of an unfounded claim, the existence of conflicting claims to the ...


Judicial Relief For Peril And Insecurity, Edwin Borchard Jan 1932

Judicial Relief For Peril And Insecurity, Edwin Borchard

Faculty Scholarship Series

In the United States, we are not accustomed to consider the theory of procedure as of profound importance. Possibly the extraordinary technicality of American procedure by reason of which substantive issues are so often relegated to practical oblivion by procedural tactics is in part responsible. At all events, the unsystematic and empirical method of embarking upon and concluding litigation seems to have developed a frame of mind somewhat indifferent to the theoretical function of the judicial process. For example, down to very recent days Justices of the United States Supreme Court gave expression to the view, now happily repudiated, that ...


What Is Consideration In The Anglo-American Law Of Contracts?, Hugh Evander Willis Jan 1924

What Is Consideration In The Anglo-American Law Of Contracts?, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


The Uniform Act On Declaratory Judgments, Edwin Borchard Jan 1921

The Uniform Act On Declaratory Judgments, Edwin Borchard

Faculty Scholarship Series

The national conference of Commissioners on Uniform State Laws at its session in St. Louis in August, 1920, approved the first draft of a Uniform Act on Declaratory Judgments. At the next session of the Conference in 1921 the Act will probably receive final approval and be recommended to legislatures for enactment. The importance of the recommendations of this August body in promoting the enactment of legislation in our states warrants some comment upon the draft they have approved.


Jurisprudence In Germany, Edwin Borchard Jan 1912

Jurisprudence In Germany, Edwin Borchard

Faculty Scholarship Series

The Library of Congress is now undertaking the publication of a series of guides to foreign law. One of the objects of the enterprise is to acquaint the practitioner and the legislator with the legal institutions of foreign countries. Another of its objects is to show the evolution and present development of juristic thought abroad, and the extent to which a virile philosophy of law and a sound conception of the relation between law and social science have succeeded in creating a jurisprudence which has proved far more efficient than the common law in responding to the needs of present ...