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Full-Text Articles in Legal History

International Pecuniary Claims Against Mexico, Edwin Borchard Jan 1917

International Pecuniary Claims Against Mexico, Edwin Borchard

Faculty Scholarship Series

The Claims Commission which will ultimately be established to adjudicate upon claims of citizens of the United States and other countries against Mexico will have to decide some of the most interesting and practical questions of international law. Not the least important of these are the fundamental questions of the liability of the Carranza government for its own acts while a revolutionary faction (the Constitutionalists) and for those of the Huerta government it has displaced. An examination of these questions in the light of international law and precedents may not prove without interest. Assuming that the Carranza government will maintain ...


Faulty Analysis In Easement And License Cases, Wesley N. Hohfeld Jan 1917

Faulty Analysis In Easement And License Cases, Wesley N. Hohfeld

Faculty Scholarship Series

A recent Pennsylvania case, Penman v. Jones,' involving important
coal mining interests, suggests not only some brief observations
on what appears to be a novel decision as to easements,
but also some critical comments on that which is of far greater
significance: the reasoning by which the result was reached.
The unusual chaos of conceptions and inadequacy of reasoning
in easement and license cases have not infrequently been emphasized-
without, however, any suggestion either as to the cause
of the difficulties involved or as to the remedy to be applied.
Thus, a learned New Jersey judge, Vice-Chancellor Van Fleet,
has ...


Fundamental Legal Conceptions As Applied In Judicial Reasoning, Wesley N. Hohfeld Jan 1917

Fundamental Legal Conceptions As Applied In Judicial Reasoning, Wesley N. Hohfeld

Faculty Scholarship Series

The present discussion, while intended to be intrinsically complete
so far as intelligent and convenient perusal is concerned,
represents, as originally planned, a continuation of an article
which appeared under the same title more than three years ago.
It therefore seems desirable to indicate, in very general form,
the scope and purpose of the latter. The main divisions were
entitled: Legal Conceptions Contrasted with Non-legal Conceptions;
Operative Facts Contrasted with Evidential Facts; and
Fundamental Jural Relations Contrasted with One Another. The
jural relations analyzed and discussed under the last subtitle were,
at the outset, grouped in a convenient "scheme of ...