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Articles 2911 - 2927 of 2927
Full-Text Articles in Entire DC Network
Education For Legal Craftsmanship, Max Rheinstein
Theoretic Bases Of Law, Friedrich Kessler
Law Faculties And Law Schools - A Comparison Of Legal Education In The United States And Germany, Max Rheinstein
Law Faculties And Law Schools - A Comparison Of Legal Education In The United States And Germany, Max Rheinstein
Articles
No abstract provided.
The Struggle Between Equity And Stability In The Law Of Post-War Germany, Max Rheinstein
The Struggle Between Equity And Stability In The Law Of Post-War Germany, Max Rheinstein
Articles
No abstract provided.
Book Review (Reviewing Oswald Spengler, Der Untergang Des Abendlandes (1922), Ernst Freund
Book Review (Reviewing Oswald Spengler, Der Untergang Des Abendlandes (1922), Ernst Freund
Articles
No abstract provided.
An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland
An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland
Articles
Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …
Verdicts, General And Special, Edson R. Sunderland
Verdicts, General And Special, Edson R. Sunderland
Articles
The most remarkable thing about this case of Georgia v. Brailsford is that a matter of such elementary importance in the daily administration of the law, after being announced in so dramatic a way by the Supreme Court of the United States at the very threshold of its career, could have dropped into oblivion for a hundred years only to be repudiated in a way hardly less dramatic by a sharply divided court. The controversy here disclosed goes to the very heart of the jury system as it has been developed by the common law and is still almost universally …
Sociological Interpretation Of Law, Joseph H. Drake
Sociological Interpretation Of Law, Joseph H. Drake
Articles
It is not the purpose of this paper to essay a definition of either of the formidable words in the title. The object is rather to call attention away from the metaphysical question, what is law? to the sociological question, how may we best attain justice in the administration of law? and, by the aid of some examples from history and comparative law, to justify as legal and constitutional the sociological method of interpretation. That such justification is necessary is evident from the fact that although the dictum of Mr. Justice. HOLMES in the dissenting opinion in Lochner v. New …
Training For A Profession--Law, Ralph W. Aigler
Training For A Profession--Law, Ralph W. Aigler
Articles
So long as human conduct and relations must accord with pre-established and determinable rules, the study of law, and the practice thereof, will be of absorbing interest. When we consider futher that our government is one of law, and the the positisions of highest responsibility therein are such that training in law is peculiarly desirable, it is not at all surprising that many young men have taken to the legal profession.
Privileges Of Labor Unions In The Struggle For Life, Walter Wheeler Cook
Privileges Of Labor Unions In The Struggle For Life, Walter Wheeler Cook
Articles
No abstract provided.
Public Utility Valuation, Edwin C. Goddard
Public Utility Valuation, Edwin C. Goddard
Articles
EVERY consideration of valuation of a public utility, whether for the purpose of condemnation for purchase or as a basis for fixing rates or permitting the issue of stock or bonds, must start from Sinyth v. Ames, and the rule therein laid down by HARLAN, J., at page 546: "We hold, however, that the basis of all calculations as to the reasonableness of rates to be charged by a corporation maintaining a highway under legislative sanction must be the fair value of the property being used by it for the convenience of the public. And in order to ascertain that …
The Patentability Of A Mental Process, John B. Waite
The Patentability Of A Mental Process, John B. Waite
Articles
The fact of possession has been so correlated with the theory of property that it is difficult to dissociate ownership from the possibility of physical possession. One finds that the average lawyer, even though he may defind a right in rem as a right enforcible against any person, is extremely apt, unless after especial thought, to explain that it is enforcible against anyone because it pertains to a thing capable of physical possession and control, a thing that could be actually sequestered, from all other persons. Not at all infrequently the term property has been judicially stripped even of its …
Jurisprudence: A Formal Science, Joseph H. Drake
Jurisprudence: A Formal Science, Joseph H. Drake
Articles
Holland defines jurisprudence as "the formal science of positive law". The meaning of science is plain enough. A good many pages are devoted to the elucidation of the words "positive" and "law," but the term "formal" he explains only by analogy. As there is a formal science of grammar to which belongs, for example, the concept of possession, which has its material manifestation in Latin grammar in a genetive termination and in English grammar in the preposition "of," so there is a formal science of law, material manifestations of whose fundamental principles are found in various systems of actual legal …
The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
Articles
Procedure is merely the means of co-ordinating effort, of harmonizing differences, of offering every one equality of opportunity in offense and defense before the law. Without it there would be confusion, favoritism, and injustice. If the subject were viewed in this fundamental way, and were studied conscientiously as an incident and aid to the development and determination of the merits of controversies, the criticisms now so fiercely directed against it would largely disappear. In its use it is indispensable, in its abuse only does it cause trouble. A professional conscience to curb that abuse, and professional learning and skill to …
Humanistic, And Particularly Classical, Studies As A Preparation For The Law, Harry B. Hutchins
Humanistic, And Particularly Classical, Studies As A Preparation For The Law, Harry B. Hutchins
Articles
Aside from the elementary branches, no particular subject is absolutely essential as a basis for the study and practice of the law. In this respect the law occupies a place somewhat different from that of the other learned professions. The student and practitioner of medicine must of necessity get a substantial scientific foundation for his professional work. This for him is an absolutely essential prerequisite. For the professional courses in engineering a special and definite scientific preparation must be made; without it nothing but the most ordinary work in engineering can be accomplished. And it is probable that for theology, …
Law As A Culture Study, Edson R. Sunderland
Law As A Culture Study, Edson R. Sunderland
Articles
That acute observer and commentator on American institutions, James Bryce, in an oft-quoted statement in his American Commonwealth, pays a high tribute to the efficiency of American law schools. "I do not know if there is anything," he writes, "in which America has advanced more beyond the mother country than in the provision she makes for legal education." In passing this generous judgment, in which many other eminent Englishmen have concurred, he views our law schools simply as institutions for developing technical proficiency among students destined to fill the ranks of the legal profession. And this is, indeed, the principal …
Law Schools And Legal Education, Henry W. Rogers
Law Schools And Legal Education, Henry W. Rogers
Articles
In the February number of the AMERICAN LAW REGISTER, there appeared an interesting article from the pen of Mr. Henry Budd, discussing the relation of law schools to legal education. The motive which inspired the writing of the article, was a commendable one, and the desire of the writer to have a higher standard established, governing admissions to the bar, will be quite generally concurred in. No one could read the article in question, however, without readily perceiving that the law schools of the United States were considered to be, in large measure, responsible for the admission to the bar …