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Articles 181 - 206 of 206
Full-Text Articles in Legal Writing and Research
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
UIC Law Review
No abstract provided.
Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser
Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser
UIC Law Review
No abstract provided.
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
UIC Law Review
No abstract provided.
Comments On Clinton: Reconsidering The Role Of Natural Law In John Marshall's Jurisprudence, 33 J. Marshall L. Rev. 1141 (2000), James W. Ely
UIC Law Review
No abstract provided.
Apparently Substantial, Oddly Hollow: The Enigmatic Practice Of Justice, Heidi Li Feldman
Apparently Substantial, Oddly Hollow: The Enigmatic Practice Of Justice, Heidi Li Feldman
Michigan Law Review
The Practice of Justice: A Theory of Lawyers' Ethics, by William H. Simon, is one of the most thoughtful and important books in legal theory - not just legal ethics - published in the past ten years. Like David Luban's seminal contribution to legal ethics, Lawyers and Justice: An Ethical Study, published a decade ago, Simon's book is a deliberate rival to accounts of lawyers' professional responsibility that begin with a command to zealous advocacy, end with a prohibition on outright illegal conduct, and offer nothing in between. Authors and commentators have grown increasingly dissatisfied with this as the basic …
The Declining Use Of Legal Scholarship By Courts: An Empirical Study, Michael D. Mcclintock
The Declining Use Of Legal Scholarship By Courts: An Empirical Study, Michael D. Mcclintock
Oklahoma Law Review
No abstract provided.
Vampires Anonymous And Critical Race Practice, Robert A. Williams Jr.
Vampires Anonymous And Critical Race Practice, Robert A. Williams Jr.
Michigan Law Review
I can only explain what Vampires Anonymous has done for me by telling my story. I know, stories, particularly autobiographical stories, are currently being dissed by some law professors. Raised in an overly obsessive, objectively neutralized cultural style, they are plain and simple Storyhaters. Their middle to upper class parents had money, a home in the burbs, and nice kids who were going to go on from their fancy grade schools and college preparatory gigs to Harvard/Stanford/Yale - all those types of pricey places where law professors usually come from. These kids were raised to be objective, neutral, neutered, fair, …
Law Without Mind, Steven D. Smith
Law Without Mind, Steven D. Smith
Michigan Law Review
A large part of the work done by lawyers and judges involves the interpretation of enacted law - primarily, statutes and the Constitution. Not surprisingly, legal scholars offer a good deal of advice, usually unsolicited, about how the task of interpretation should be performed. At present, such scholarly advice commonly recommends variations on an approach that may be called "present-oriented interpretation." This approach discourages judges from equating a law with its historical meaning or "original understanding." Instead, it urges them to construe statutes and constitutional provisions in a way that will render the law "the best it can be" in …
Iii. Recent French Extradition Cases, Michigan Journal Of International Law
Iii. Recent French Extradition Cases, Michigan Journal Of International Law
Michigan Journal of International Law
This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Michigan Law Review
A Review of The Supreme Court: Palladium: Of Freedom . By Alpheus T. Mason.
Llewellyn: Jurisprudence: Realism In Theory And Practice, Charles D. Kelso
Llewellyn: Jurisprudence: Realism In Theory And Practice, Charles D. Kelso
Michigan Law Review
A Review of Jurisprudence: Realism in Theory and Practice By Karl N. Llewellyn.
Hurst: Law And Social Process In United States History, Robert S. Hunt
Hurst: Law And Social Process In United States History, Robert S. Hunt
Michigan Law Review
A Review of Law and Social Process in United States History. By James Willard Hurst.
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Michigan Law Review
A Review of The Judicial Decision- Toward A Theory of Legal Justification By Richard A. Wasserstrom.
Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider
Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider
Michigan Law Review
A Review of The Common Law Tradition- Deciding Appeals. By Karl N. Llewellyn.
Rudolf Von Jhering, Iredell Jenkins
Rudolf Von Jhering, Iredell Jenkins
Vanderbilt Law Review
It is often the fate of the giants of thought to have their names live on while their doctrines are neglected, and even for their reputations to wax as their influence wanes. Indeed, this happens at some periods to the work that all such men leave behind them; it is esteemed but not appreciated, acknowledged but not cultivated. The precise reasons for this fall into oblivion vary with every individual case, but there is one factor that is common and constant: the prominence within the work of these men of ideas that push inquiry beyond the comfortable limits that are …
Beutel: Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, Samuel I. Shuman
Beutel: Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, Samuel I. Shuman
Michigan Law Review
A Review of Some Potentialities of Experimental Jurisprudence as a New Branch of Social Science. By Fredrick K. Beutel.
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Michigan Law Review
A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.
Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.
Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.
Michigan Law Review
A Review of Security Through Freedom. American Political Thought and Practice. By Alpheus Thomas Mason.
Vanderbilt: The Challenge Of Law Reform, Glenn R. Winters
Vanderbilt: The Challenge Of Law Reform, Glenn R. Winters
Michigan Law Review
A Review of The Challenge of Law Reform. By Arthur T. Vanderbilt.
Petrazycki: Law And Morality, William R. Jentes S.Ed.
Petrazycki: Law And Morality, William R. Jentes S.Ed.
Michigan Law Review
A Review of Law and Mortality. By Leon Petrazycki
In Suport Of The Thayer Theory Of Presumptions, Charles V. Laughlin
In Suport Of The Thayer Theory Of Presumptions, Charles V. Laughlin
Michigan Law Review
A learned judge once said to a young lawyer, "If you are ever a trial court judge, never give reasons for your decisions. Your rulings will probably be right, but your reasons will likely be wrong." That statement may aptly apply to judicial pronouncements relating to the subject of presumptions. Decisions are largely free from criticism so far as concerns the results reached, but the reasoning processes by which they are reached appear to be in hopeless confusion. It is believed that a theory can be presented which will both reconcile these confusions of judicial techniques and explain the general …
Irregularities Of Testamentary Expression, Alvin E. Evans
Irregularities Of Testamentary Expression, Alvin E. Evans
Kentucky Law Journal
No abstract provided.
A Treatise On Equity, Jefferson B. Fordham
A Treatise On Equity, Jefferson B. Fordham
West Virginia Law Review
No abstract provided.
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Michigan Law Review
The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Michigan Law Review
What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …
Recent Decisions
Michigan Law Review
Agency--Ratification--Knowledge Necessary; Agency--Undisclosed Principal--Defence Against Agent; Bailments--Action by Bailee against Third Person; Bankruptcy--Homestead Exemption--State Law not Enforced; Bankruptcy--Homestead Exemption; Bills and Notes--Cashier's Check--Indorsed for Illegal Consideration; Carriers--Street Railway--Track Used by Another Company; Chattel Mortgage--Sufficiency of Description; Conflict of Laws--Statute of Frauds--Statute Affecting Remedy--Representations as to Another's Credit; Constitutional Law--14th Amendment--Class Legislation--License Law; Evidence--Physical Examination of Plaintiff in Personal Injury Suit; Insurance--Construction of Terms of Indemnity Policy; Insurance--Agreement to Issue New Policy--Effect of Failure to Surender Old Policy and Make Demand Within Time Stipulated; Landlord and Tenant--Covenant for Re-Entry--Re-Entry by Ejectment Only--Summary Proceedings; Landlord and Tenant--Covenant Not to Assign--Runs with the …