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Full-Text Articles in Legal History

Perbandingan Pengaturan Dan Konsep Bentuk Hukum Partnership Di Negara Brunei Darussalam Dengan Indonesia Dikaitkan Dengan Hukum Perdata, Dewi Mega Victoria Jan 2023

Perbandingan Pengaturan Dan Konsep Bentuk Hukum Partnership Di Negara Brunei Darussalam Dengan Indonesia Dikaitkan Dengan Hukum Perdata, Dewi Mega Victoria

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This study aims to find out and analyze the comparative legal form of the Partnership in Indonesia as stipulated in the Indonesian Civil Code Book with the State of Brunei Darussalam as stipulated in the Laws of Brunei, Chapter 106 Contracts. There are 5 points that can be examined from the rules in 2 countries relating to the Partnership, namely: Status of Legal Entity, Establishment of Partnership, Organ Partnership, Responsibility and Disbanding the Partnership. This is a reference to renew the Partnership regulations in Indonesia in the future with reference to the state regulation of Brunei Darussalam. This research is …


Keeping Up With Your Sister Court: Unpublished Memorandums, No-Citation Rules, And The Superior Court Of Pennsylvania, Logan Hetherington Jan 2018

Keeping Up With Your Sister Court: Unpublished Memorandums, No-Citation Rules, And The Superior Court Of Pennsylvania, Logan Hetherington

Dickinson Law Review (2017-Present)

As Pennsylvania’s intermediate appellate court of general jurisdiction, the Pennsylvania Superior Court decides thousands of cases each year. The vast majority of those cases are disposed of via unpublished memorandums. These unpublished memorandums are designated as non-precedential and may not be cited by parties before the Superior Court. As a result, litigants and their counsel may not even persuasively cite an unpublished memorandum in briefs or other papers submitted to the Court. Thus, if counsel finds an unpublished memorandum deciding the identical issue of the case at hand and counsel is before the Superior Court judge who authored that opinion, …


Decorating The Structure: The Art Of Making Human Law, Brian M. Mccall Dec 2013

Decorating The Structure: The Art Of Making Human Law, Brian M. Mccall

Brian M McCall

This article continues to develop the theme of law as architecture begun in two published articles, The Architecture of Law: Building Law on a Solid Foundation, the Eternal and Natural Law and Consulting the Architect when Problems Arise: The Divine Law. Having considered the foundation and framework of human law, this article turns to the decoration of the structure through the craft of human law making. It examines the process whereby the natural law is determined in particular political communities. Human law is the craft of particularizing the general principles of natural law in a community’s laws. It relies on …


Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso Nov 2012

Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso

Pepperdine Law Review

No abstract provided.


Echoes Of The Impact Of Webb V. Mcgowin On The Doctrine Of Consideration Under Contract Law: Some Reflections On The Decision On The Approach Of Its 75th Anniversary, Stephen J. Leacock Oct 2009

Echoes Of The Impact Of Webb V. Mcgowin On The Doctrine Of Consideration Under Contract Law: Some Reflections On The Decision On The Approach Of Its 75th Anniversary, Stephen J. Leacock

Faculty Scholarship

No abstract provided.


Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro Jan 1995

Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro

LLM Theses and Essays

Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …


Sanctuary: The Legal Institution In England, Steven Pope Jan 1987

Sanctuary: The Legal Institution In England, Steven Pope

Seattle University Law Review

This Article discusses the institution of sanctuary that was recognized under the Common Law of England from at least the early Middle Ages until the Jacobean period, that is, from about the seventh to the seventeenth centuries A.D. This Article does not include a specific discussion of the modern American idea of sanctuary as the term is applied to the act of aiding an alien to remain illegally in the United States to escape political persecution in the alien’s own country. However, a consideration of the historical institution of sanctuary may shed light on the contemporary issue in two ways. …


An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz Jan 1964

An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz

All Faculty Scholarship

No abstract provided.


A Government Of Laws Or A Government By Men, O R. Mcguire Jun 1938

A Government Of Laws Or A Government By Men, O R. Mcguire

Indiana Law Journal

Address delivered February 5, 1938, in Indianapolis before the Indiana State Bar Association, by 0. R. McGuire, of Washington, D. C., counsel of the comptroller general of the United States, and Chairman of the Special Committee on Administrative Law of the American Bar Association.

NOTE: Cover is mislabeled v.13 no.4 April 1938