Digital Commons Network^™

Food, Drug, And Cosmetic Law (1961), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Law And Literature: The Contemporary Image Of The Lawyer, Henry B. Cushing, Ernest F. Roberts

Villanova Law Review (1956 - )

No abstract provided.

Agency - Borrowed Servant Doctrine - Surgeon Is Responsible For The Pre-Operative Negligence Of Anesthetist, Edwin W. Scott

Villanova Law Review (1956 - )

No abstract provided.

Psychiatry And The Law: An Attempt At Synthesis, Raymond L. Erickson

Duke Law Journal

No abstract provided.

Federal Estate Tax: Bequests To Organizations Engaged In Influencing Legislation

Duke Law Journal

No abstract provided.

Traumatic Medicine And Surgery For The Attorney, Editor Paul David Cantor, Oliver Schroeder Jr.

Case Western Reserve Law Review

No abstract provided.

Book Reviews, Arno C. Becht, Charles L. B. Lowndes, Jan Z. Krasnowiecki, J. Allen Smith, Earl Phillips, Charles J. Meyers, Kenneth S. Carlston

Journal of Legal Education

No abstract provided.

Recent Books On Civil Liberties, Osmond K. Fraenkel

Notre Dame Law Review

No abstract provided.

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …

Plato And The Doctrine Of Natural Law, Hans Kelsen

Vanderbilt Law Review

As a result of the shocks which the existing social orders have experienced through two World Wars and the Russian Revolution, an intellectual movement is becoming increasingly evident in the Western World--one which, in sharp reaction to a scientific-positivistic and relativistic philosophy, aims at a return to metaphysics and theology, and--closely connected with this--to a renewal of the doctrine of natural law. The proponents of this trend believe they find valuable support in the philosophy of Plato, whose authority until recently was virtually uncontested--and in this they are justified. Plato's doctrine of Ideas is the boldest of metaphysical speculations, for …

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 …

Austin's Theory Of The Separation Of Law And Morals, Samuel E. Stumpf

Vanderbilt Law Review

The lingering influence of the natural law theory in England brought forth a powerful new philosophy of law. The chief features of this new theory were developed by Hobbes and Bentham and found their most compelling formulation in the works of the "analytical"jurist, John Austin. What concerned these men most was how to deal with the existence of morally bad laws. Sir William Blackstone had said in his Commentaries that the laws of God are superior in obligation to all other laws; that no human laws should be allowed to contradict them; that human laws are of no validity if …

The Pure Theory Of Law, Reginald Parker

Vanderbilt Law Review

There is hardly a theory of law about which there exists so much confusion in the minds of so many scholars as about Hans Kelsen's theory, which is commonly known under the name "Pure Theory of Law." If, for instance, a scholar of the stature and standing of Professor Northrop maintains that Kelsen locates the basic norm of the Austrian Constitution of 1920 "in the earliest Constitution of 1867,"'then it seems that there is still room, indeed an intellectual demand, for a brief and simple exposition of Kelsen's theory. We shall attempt it in the following article not without avoiding …

The Legal Philosophy Of Morris R. Cohen, Huntington Cairns

Vanderbilt Law Review

Cohen died in 1947 with five of the numerous books he had planned published. Since that time others have appeared. If he did not live to finish his life's work, he accomplished more than is given to most scholars who teach and participate in the numerous public activities that marked his career. Cohen was not a hopeful man and he would not be attracted by the thought, he once said in conversation, of living life over again--particularly, he added after a pause, if he had to teach mathematics to college students. He was disturbed above everything else by the decline …

Nietzsche, Thomas A. Cowan

Vanderbilt Law Review

I find that the attempt to assess Nietzsche's value to contemporary jurisprudence is fraught with extreme difficulty. Not only was Nietzsche perhaps the most controversial figure in the history of ideas:' this might have happened to one whose message was simple.But in Nietzsche's case the ideas themselves are highly controversial, paradoxical and even "immoral." Like every great thinker Nietzsche was more provocative to his enemies than to his friends. His enemies took their revenge by burying him under a deluge of refutation and abuse. Apparently Nietzsche was guilty of what might be called the crime of "universal treason." He gave …

Torts In Missouri, Glenn A. Mccleary

Missouri Law Review

No abstract provided.

Osgoode Hall Review Volume 1, Issue 2 (1960)

Obiter Dicta

No abstract provided.

Ball: Dynamics Of The Patent System, Robert A. Choate

Michigan Law Review

A Review of Dynamics of the Patent System. Edited by William B. Ball.

The Denver And Rio Grande Western Railroad Co. V. State Tax Commission Of Utah : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Book Reviews, John F. Bowen, Edwin G. Nourse

Vanderbilt Law Review

Book Reviews

Depreciation and Taxes Symposium conducted by the Tax Institute,November 20-21, 1958 Princeton: Tax Institute, Incorporated, 1959.Pp. viii, 248. $6.00

reviewer: John F. Bowen

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Planning for Freedom; The Public Law of American Capitalism By Eugene V. Rostow New Haven: Yale University Press, 1959.Pp. x, 437. $6.00

reviewer: Edwin G. Nourse

The Shifting Of Tort Loss In Municipal Corporation Law, Chester James Antieau

Buffalo Law Review

No abstract provided.

Tort Liability For Negligent Operation Of A Motor Vehicle In Germany And The United States

Duke Law Journal

No abstract provided.

Torts -- 1960 Tennessee Survey, John W. Wade

Vanderbilt Law Review

As usual, there were about forty reported Torts cases this year. There were no striking new developments. Many of the cases were merely routine, some of them indeed carrying quite long opinions without deciding anything which will give them real value as precedents for the future. The great majority of the cases involved actions for negligence, considerably more than half the cases being concerned with traffic accidents.

Daniel K. Milligan V. Coca Cola Bottling Co. And Safeway Stores, Inc. : Brief Of Defendant And Respondent Safeway Stores, Inc., Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Labor Official's Comment, John E. Cosgrove

Notre Dame Law Review

No abstract provided.

Weber Basin Water Conservancy District V. J. Bert Nelson And Myrtle G. Nelson Et Al : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Some Notions For A Regime Of Woodshed Legal Research, Edward S. Godfrey

Journal of Legal Education

No abstract provided.

The Denver And Rio Grande Western Railroad Co. V. State Tax Commission Of Utah : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Thoughts On Capital Punishment, Arval Morris

Washington Law Review

Legal practices vary in states which allow the death penalty, but a jury can usually levy or recommend life imprisonment. Nevertheless, capital punishment flourishes in states which provide the alternate penalty. In one way or another, this optional life-or-death feature of legal litany necessitates that jurymen answer: "Do you think this defendant ought to be killed?" Citizens shirk this decision and often refuse to serve on death penalty cases. If this practice of citizen disqualification becomes widespread, it may well raise the question eventually of whether the death penalty has systematically excluded citizens to such an extent that it no …

Elementary Semantics: Criticisms Of Realism And Experimental Jurisprudence, Frederick K. Beutel

Journal of Legal Education

No abstract provided.