Digital Commons Network^™

The Meaning And Role Of Prescriptive And Descriptive Statements: Particularly In The Legal Universe Of Discourse, Ivanhoe Tebaldeschi

Syracuse Journal of International Law and Commerce

In a sense, any positive legal system can be considered as a body of prescriptive statements. Prescriptive statements represent indications of models of conduct. They include most often the linguistic expression "ought" (or "ought not") which works as a link between the grammatical subject and the predicate of the relevant sentence. Accordingly, prescriptive statements have also been called "ought-statements." This name has been mainly adopted in order to contrast prescriptive statements with descriptive statements, which are accordingly called "is-statements."

Another label for prescriptive statements is "deontic statements" or "statements having a deontic quality." Deontic quality imports a conceptual reflexion or …

Business Associations, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

The Legal Imagination And Language: A Philosophical Criticism, Thomas D. Eisele

Faculty Articles and Other Publications

James B. White's The Lega/lmagination: Studies in the Nature of Legal Thought and Expression takes upon itself an immense task, namely, investigating and characterizing the position of lawyers and the legal mind in today's world. Not surprisingly, the characterization and criticism of such a book is no less difficult a task or responsibility than that undertaken by the book. In fact, the characterization and criticism of the book and the characterization and criticism in the book-both being acts of criticism-require the same attitude: constant fidelity to the data with which one has to work. In
describing and assessing the book, …

Curative Registration Under The Proposed Ohio Securities Act, Thomas M. George

Case Western Reserve Law Review

No abstract provided.

Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The unique character and special public importance of lands bordering the sea have been recognized since ancient times. In the nature of things, shore lands, together with the waters which cover them (permanently or periodically), have a number of valuable uses not shared generally with inland territories. Navigation, passage, fishery, and bathing are among the particular uses of the shore or adjacent sea for which the public has traditionally received greater or lesser legal protection. However, this list is neither exclusive nor closed. For example, the recent avalanche of accretions to our stock of ecological knowledge has heightened (if not …

The Magnuson-Moss Warranty Act: Making Consumer Product Warranty A Federal Case, Robert C. Denicola

Fordham Law Review

FOR many Americans the most recent anniversary of the nation's independence was little more than a prelude to the forthcoming Bicentennial. For American businessmen, however, the 199th anniversary was significant in its own right. On July 4, 1975, the Magnuson-Moss Warranty Act went into effect, having been signed by President Ford six months earlier. A supporter has described the Act as "one of the most important pieces of consumer protection legislation considered by Congress since the Federal Trade Commision Act itself was passed in 1914." This characterization should not be dismissed as mere partisan rhetoric. The Act may indeed have …

Commercial Law, S. Charles O'Meara

Marquette Law Review

No abstract provided.

Judicial Reasoning And Social Change, David A. Dittfurth

Faculty Articles

Some have begun to doubt whether courts adequately respond to recent social problems. Formulated rules, principles, and statutes govern a case in court, and these commanding communications addressed to judges theoretically guide and control the decision-making process. Rules, although often imprecise, are subjected to the scrutiny of the legal profession, which is trained to interpret their meaning and possible application in different fact situations. This, in turn, promotes a high degree of social and political stability since there is less ambiguity as to what constitutes permissible or required behavior.

Attitudes, social institutions, language, and critical decision making are all factors …

The Voiceprint Dilemma: Should Voices, Be Seen And Not Heard?

Maryland Law Review

No abstract provided.

Western Constitutionalism And African Nationbuilding: The Anglophonic East African Experience, Fletcher N. Baldwin Jr.

UC Law Constitutional Quarterly

No abstract provided.

On What A Rule Is, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Judicial Reasoning And Social Change, David Dittfurth

Indiana Law Journal

No abstract provided.

Some Aspects Of Quebec's Official Language Act, Yvonne W. Rosmarin

Syracuse Journal of International Law and Commerce

In July 1974, the legislature of Quebec passed an Official Language Act, declaring French to be the sole official language of the province. Although the majority of Quebec's population speaks French, there is a significant minority of English-speaking Canadians living in the province who will be affected. This Act, commonly known as Bill 22, will also affect businesses, particularly American corporations with subsidiaries operating in Quebec. Bill 22 has sparked a controversy in Canada with respect to both its constitutionality and the power of the Province of Quebec to pass such legislation.

Since no cases thus far have tested Bill …

Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach, Jane A. Gale

Fordham Urban Law Journal

There is no particular policy reason why the same line should be used for both the upland boundary of the jus publicum and the seaward boundary of parcels bounded "by the sea." In interpreting the language used in grants of private interests, the ostensible object of the inquiry is to ascertain the parties (particularly the grantor's) intent. Subject only to limitations on the grantor's estate or power to convey, it is that intention which controls the extent of his transfer. On the other hand, in setting the upland boundaries of lands subject to the jus publicum, the courts are essentially …

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Some Thoughts On The Twentieth Anniversary Of Brown V. Board Of Education, Casper W. Weinberger

The Journal of Law and Education

No abstract provided.

Trademark Registration Under Sections 2(A) And 2(E) Of The Lanham Act: The Deception Decision, Kenneth B. Germain

Fordham Law Review

No abstract provided.

Karl Llewellyn And The Realist Movement. By William Twining; Roscoe Pound: Philosopher Of Law. By David Wigdor., Samuel J.M. Donnelly

Hofstra Law Review

No abstract provided.

Preferential Policies In Hiring And Admissions, James W. Nickel

Articles

No abstract provided.

Beyond Contempt: Obligors To Injunctions, Doug R. Rendleman

Faculty Publications

No abstract provided.

Comparative Judicial Review And Constitutional Politics, Donald P. Kommers

Journal Articles

Donald P. Kommers reviews Richard D. Baker's Judicial Review in Mexico: A Study of the Amparo Suit (Austin and London: University of Texas Press, 1971); B. L. Strayer's Judicial Review of Legislation in Canada (Toronto: University of Toronto Press, 1968); Heinz Laufer's Verfassungsgerichtsbarkeit und politischer Prozess (Tiibingen: J.C.B. Mohr [Paul Siebeck ], 1968); Mauro Cappelletti's Judicial Review in the Contemporary World (Indianapolis: The Bobbs-Merrill Company, Inc., 1971); Edward McWhinney's Judicial Review (4th ed.) (Toronto: University of Toronto Press, 1969); Richard E. Johnston's The Effect of Judicial Review on Federal-State Relations in Australia, Canada, and the United States (Baton Rouge: Louisiana …

Freedom Of Expression And The Mentally Disordered: Philosophical And Constitutional Perspectives, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Mental illness is usually described as an impaired ability to communicate effectively. Yet the societal response--both historically and under modem psychiatric practice--has been to retard, rather than encourage, the acquisition of linguistic skills. This impediment to normal social intercourse leaves individual interests in free expression ineffectuated; it concerns the legal profession because the government condones and enforces the restriction of first amendment rights in a potentially large segment of the population. This article examines the philosophical justification for free communication for the mentally handicapped. It further suggests a systematic application of the first amendment to the particular problems of the …

Housing Subsidies In The U.S. And England, Henry Mcgee

Faculty Articles

In this article Professor McGee reviews “Housing Subsidies in the United States and England”, by Daniel Mandelker. Professor McGee details the concerns and controversies about the allocation of housing funds, and provides a thorough critique of Mandelker’s comparison of the two countries.

Law-As-Action And Integrative Jurisprudence, Julius Stone

UC Law Journal

No abstract provided.

Law-As-Action And Integrative Jurisprudence, Julius Stone

UC Law Journal

No abstract provided.

Non-Conforming Political Opinion And Human Rights: Transnational Protection Against Discrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Volume 47, Issue 6 (1974)

Obiter Dicta

No abstract provided.

The Declaration Of Rights Of The Louisiana Constitution Of 1974, Lee Hargrave

Louisiana Law Review

No abstract provided.

Volume 47, Issue 4 (1974)

Obiter Dicta

No abstract provided.

Mullaney V. Wilbur, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.