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Principles, Positivism, And Legal Theory, David B. Lyons Dec 1977

Principles, Positivism, And Legal Theory, David B. Lyons

Faculty Scholarship

A complete theory of law, writes Ronald Dworkin, tells us what law is and what it ought to be. The current "ruling" theory of law combines legal positivism with utilitarianism: it holds, first, that law is a set of explicitly adopted rules and, second, that law ought to maximize the general welfare. Dworkin rejects both branches of that theory. He argues that law contains "principles" as well as rules and that these principles cannot be traced to any explicit adoption or enactment. Dworkin argues further that the ruling theory neglects moral rights, which must be respected, he claims, even if …


Manufacturer May Not Raise Defense Of Lack Of Privity In Suit By Remote Consumer For Economic Damages Caused By Defective Product., Frank A. Porter Dec 1977

Manufacturer May Not Raise Defense Of Lack Of Privity In Suit By Remote Consumer For Economic Damages Caused By Defective Product., Frank A. Porter

St. Mary's Law Journal

Abstract Forthcoming.


Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett Dec 1977

Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett

Washington Law Review

No abstract provided.


Domestic Relations—Disposition Of Property Upon Termination Of Nonmarital Cohabitation—Marvin V. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976), Linda R. Larson Dec 1977

Domestic Relations—Disposition Of Property Upon Termination Of Nonmarital Cohabitation—Marvin V. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976), Linda R. Larson

Washington Law Review

Plaintiff and defendant began living together in 1964. At that time they entered into an oral agreement whereby they would combine their earnings and efforts and would share equally in all property accumulated while they cohabited. Plaintiff averred that, in addition, they agreed to hold themselves out to the general public as husband and wife, although both knew defendant was legally married to another woman. Plaintiff then consented to give up her career as an entertainer in exchange for financial support from defendant for the rest of her life. For the following seven years, plaintiff rendered full-time services as a …


Woolsack 1977 Volume 17 Number 4, University Of San Diego School Of Law Student Bar Association Nov 1977

Woolsack 1977 Volume 17 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

November 7, 1977: It was quite a day by Jacki Garner

Guest Editorial: The California Supreme Court and Judicial Lawmaking – A Perspective by Prof. Edmund Ursin

Letter to the Editors

Sea Grant

Moot Court

Problem Solving by Steven Bishop

The Chief remarks by Rose Elizabeth Bird Chief Justice of the California Supreme Court before the San Diego league of women voters San Diego, California September 24, 1977

Justice Manuel Interviewed by Kay Sunday

Symposium on Proposed Court Reform by Kay Sunday

On Court Consolidation by Kay Sunday

Advocates on Trial by Hon. J. Clifford Wallace 9th …


Pamela Peck V. William Dunn, Et Al : Brief Of Respondents, Utah Supreme Court Nov 1977

Pamela Peck V. William Dunn, Et Al : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

An Appeal from the Judgment Entered In the Third Judicial District Court, in and for Salt Lake County, The Honorable Jay E. Banks, Presiding


Involuntary Passive Euthanasia Of Brainstem-Damaged Patients: The Need For Legislation - An Analysis And A Proposal, Daniel Mark Mueller Nov 1977

Involuntary Passive Euthanasia Of Brainstem-Damaged Patients: The Need For Legislation - An Analysis And A Proposal, Daniel Mark Mueller

San Diego Law Review

This Comment will examine present medical and legal standards regarding involuntary passive euthanasia of brain-stem-damaged patients and propose a statute to legalize involuntary passive euthanasia under certain restrictive conditions.


Volume 50, Issue [10] (1977) Oct 1977

Volume 50, Issue [10] (1977)

Obiter Dicta

No abstract provided.


The Forum (Volume 7, Number 4), Valparaiso University School Of Law Oct 1977

The Forum (Volume 7, Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.


Volume 50, Issue [9] (1977) Oct 1977

Volume 50, Issue [9] (1977)

Obiter Dicta

No abstract provided.


Pamela Peck V. William Dunn, Et Al : Brief Of Appellant, Utah Supreme Court Oct 1977

Pamela Peck V. William Dunn, Et Al : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from a Judgment of the Third Judicial District Court in and for Salt Lake County, State of Utah


October 13, 1977, University Of Michigan Law School Oct 1977

October 13, 1977, University Of Michigan Law School

Res Gestae

•Reflections on the Cohen-Sandalow Bakke Debate •ABAs 1978 Client Counseling Competition •Crusader Rabbit •Day Old Bread •Music: The Return of Hank Jones •Committees


Volume 50, Issue 6 (1977) Oct 1977

Volume 50, Issue 6 (1977)

Obiter Dicta

No abstract provided.


A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell Oct 1977

A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell

Florida State University Law Review

No abstract provided.


An Annotated Bibliography Of Ocs Documents In Maine, Maine State Planning Office Oct 1977

An Annotated Bibliography Of Ocs Documents In Maine, Maine State Planning Office

Maine Collection

An Annotated Bibliography of OCS Documents in Maine

Outer Continental Shelf Memorandum 1

Compiled by Edward H. Shenton & Charles S. Colgan

Maine Coastal Program, Maine State Planning Office, Augusta, Maine, 1977.

Contents: 1. Introduction / 2. OCS - General / 3. OCS - Federal Regulations / 4. Economic Aspects / 5. Environmental Studies / 6. Oil Spills - Effects and Studies / 7. Onshore Effects / 8. The North Sea Experience / 9. Legal Aspects / 10. Petroleum Drilling Technology


Criminal Law—Obstructing Governmental Administration—The Physical Interference Requirement And A Cb Radar Warning, J. Gregory Yawman Oct 1977

Criminal Law—Obstructing Governmental Administration—The Physical Interference Requirement And A Cb Radar Warning, J. Gregory Yawman

Buffalo Law Review

No abstract provided.


Booker V. Medical Center: Workman's Compensation And The Infectious Disease, James H. Hughes Oct 1977

Booker V. Medical Center: Workman's Compensation And The Infectious Disease, James H. Hughes

North Carolina Central Law Review

No abstract provided.


State Management Of Marine Fisheries After The Fishery Conservation And Management Act Of 1976 And Douglas V. Seacoast Products, Inc., Thomas J. Schoenbaum, Patricia E. Mcdonald Oct 1977

State Management Of Marine Fisheries After The Fishery Conservation And Management Act Of 1976 And Douglas V. Seacoast Products, Inc., Thomas J. Schoenbaum, Patricia E. Mcdonald

William & Mary Law Review

No abstract provided.


Environmental Regulation Of United States Deep Seabed Mining, W&M Former Faculty, Scott C. Whitney Oct 1977

Environmental Regulation Of United States Deep Seabed Mining, W&M Former Faculty, Scott C. Whitney

William & Mary Law Review

No abstract provided.


Volume 50, Issue 3 (1977) Sep 1977

Volume 50, Issue 3 (1977)

Obiter Dicta

No abstract provided.


Res Ipsa Loquitur, Seton Hall University School Of Law Sep 1977

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.


Intermountain Farmers Association V. Jim Fitzgerald : Brief Of Appellants, Utah Supreme Court Sep 1977

Intermountain Farmers Association V. Jim Fitzgerald : Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

No abstract provided.


Privacy, Appropriation, And The First Amendment: A Human Cannonball's Rather Rough Landing, Richard G. Wilkins Sep 1977

Privacy, Appropriation, And The First Amendment: A Human Cannonball's Rather Rough Landing, Richard G. Wilkins

BYU Law Review

No abstract provided.


Woolsack 1977 Volume 17 Number 1, University Of San Diego School Of Law Student Bar Association Aug 1977

Woolsack 1977 Volume 17 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Welcome to Law School by Jackie Garner

USD Summer Abroad by Dean Lazerow

Honors to USD by Elizabeth Northridge

Are You Feeling Like a Rolling Stone?

From The Editor: Style is Meaning by Jacki Garner

Guest Editorial: New York Ends Legalese by William Safire

Nuts and Bolts of the SBA: My Fellow Students by Bill Kelly SBA President

Administrative Capers

Jobs, Jobs, Jobs by Nan Oser

Typical San Diego Neighborhood Scenes

Upper Class Course Changes

New Faculty

Over the Counter Culture: Three New Records by Randal Cohen

Comix

Why Do You Want to Be a Lawyer?

Law …


The Intractable Obscenity Problem Part Ii: Prologue To Senate Bill 1247; A Model Obscenity Act., Nicholas Casiello Jr., Thomas M. Russo Iii Aug 1977

The Intractable Obscenity Problem Part Ii: Prologue To Senate Bill 1247; A Model Obscenity Act., Nicholas Casiello Jr., Thomas M. Russo Iii

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Intermountain Farmers Association V. Jim Fitzgerald : Brief Of Respondent, Utah Supreme Court Aug 1977

Intermountain Farmers Association V. Jim Fitzgerald : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from a judgment of the Third Judicial District Court of Salt Lake County. Honorable Gordon R. Hall, Judge.


Intermountain Farmers Association V. Jim Fitzgerald : Brief Of Respondent, Utah Supreme Court Aug 1977

Intermountain Farmers Association V. Jim Fitzgerald : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from a judgment of the Third Judicial District Court of Salt Lake County. Honorable Gordon R. Hall, Judge.


Harlow Vincent And Maxine Vincent V. Salt Lake County : Brief Of Respondents, Utah Supreme Court Aug 1977

Harlow Vincent And Maxine Vincent V. Salt Lake County : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the Judgment of the District Court of Salt Lake County. The Honorable Hal G. Taylor, Judge.


Remedies In Admiralty For Oil Pollution, Stephen E. Roady Jul 1977

Remedies In Admiralty For Oil Pollution, Stephen E. Roady

Florida State University Law Review

No abstract provided.


Defamation As A Constitutional Tort: With Actual Malice For All, Ray Yasser Jul 1977

Defamation As A Constitutional Tort: With Actual Malice For All, Ray Yasser

Tulsa Law Review

No abstract provided.