Digital Commons Network^™

Unification Of The Civil And Admiralty Rules: Why And How, Brainerd Currie

Faculty Scholarship

No abstract provided.

The Regional Approach To Planning, Michael W. Martin

Faculty Scholarship

No abstract provided.

Volksgeist And A Piece Of Sulphur, Frank W. Elliott

Faculty Scholarship

Savigny was a principal architect of the historical theory of jurisprudence which holds that law must be consonant with the spirit of the people it governs. In his own times, however, he was more than a philosopher. As a participant in a great debate, Savigny developed his theory as a weapon to resist the wholesale imposition of a legal code which he regarded as alien to and ill suited for the emerging German states. Professor Elliott explores the thought of this controversial man in a fashion which is of interest not only to the philosopher and historian, but also to …

Problem Of Presidential Inability - It Must Be Solved Now, The, John D. Feerick

Faculty Scholarship

On August 27, 1787, John Dickinson of Delaware asked the Constitutional Convention these vital questions: "What is the extent of the term 'disability' and who is to be the judge of it?" 'His questions regarding the provision on executive succession were never answered. Today, one hundred and seventy-six years later, they remain unanswered. They have been revived from time to time, usually when a President has died or become disabled. Hundreds of answers have been offered. None has been found acceptable. Although concern about the problem of presidential inability had been aroused by the Eisenhower illnesses in 1955, 1956 and …

In Defense Of Certain Provisions Of The Uniform Commercial Code Relating To Formation Of Sales Contracts: A Partial Reply To Professor Babb, Frederick M. Hart

Faculty Scholarship

During the past two years, the former Portland Law Review and the reestablished Maine Law Review have carried articles by Professor Babb commenting on many provisions of the uniform Commercial Code. The adverse tenor of Professor Babb's comments causes some concern lest his views serve as a source of restrictive interpretation in the event that the Code is enacted in Maine. It is unlikely that an alert and careful court, confronted with a problem requiring construction of a Code provision, would reach its decision by following the rationale of decisions overruled or made obsolete by the Code, or that it …

Book Review, William W. Van Alstyne

Faculty Scholarship

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.

Contracts (1962), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. The 1961 Annual Suroey of American Law pointed to the Uniform Commercial Code as the most significant development in the law of contracts during recent years. This statute, with its many provisions affecting the rules of offer and acceptance, consideration, unconscionable agreements and other aspects of the contractual relationship, will undoubtedly have a substantial effect upon traditional contract concepts. At the very least, there has been a shift from the Willistonian rigidity to Llewellynian flexibility in contracts involving the sale of personal property. Furthermore, with the natural tendency of some courts to reason by analogy and apply the …

Executive Privilege In The Federal Courts, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

The National Labor Relations Act And Racial Discrimination, Michael I. Sovern

Faculty Scholarship

When the United States Commission on Civil Rights completed its recent study of discrimination in employment, its findings began on the same depressing note sounded by virtually every student of the problem since the end of slavery:

[N]egro workers are still disproportionately concentrated in the ranks of the unskilled and semiskilled in both private and public employment. They are also disproportionately represented among the unemployed because of their concentration in unskilled and semi-skilled jobs-those most severely affected by both cyclical and structural unemployment-and because Negro workers often have relatively low seniority. These difficulties are due in some degree to present …

Death, The State, And The Insane: Stay Of Execution, Geoffrey C. Hazard Jr., David W. Louisell

Faculty Scholarship

No abstract provided.

Contracts (1961), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. It has often been argued that certainty is desirable, if indeed not necessary, in that branch of the law which adjusts rights in commercial disputes. Entrepreneurs have the responsibility of weighing business risks, but, as far as possible, they should be relieved of the danger that their commercial judgments may be frustrated by some novel legal decision. There is another attractive attribute of certainty which appeals to some students of jurisprudence - it has a tendency to decrease litigation. Where the law clearly defines rights and liabilities, the commercial community can adjust its actions accordingly and disputes may …

The Law Structure Of Peace, Arthur Larson

Faculty Scholarship

No abstract provided.

Recipients’ Rights Under An International Investment Code, Arthur Larson

Faculty Scholarship

No abstract provided.

Peace Through Law: The Role And Limits Of Adjudication-Some Contemporary Applications, Arthur Larson

Faculty Scholarship

No abstract provided.

The Place And Function Of Judicial Review In The Administrative Process, Robert Kramer

Faculty Scholarship

No abstract provided.

Notes - Libel And Slander—Lis Pendens—Filing Of Lis Pendens Notice Not Privileged.—Albertson V. Raboff, 287 P.2d 145 (Cal. 1955), Frank W. Elliott

Faculty Scholarship

In a prior action Raboff had sued Albertson, seeking a money judgment and either a lien on Albertson's real property or a judgment declaring that her title was obtained, in fraud of creditors. Raboff recorded a notice of pendency of this action and subsequently obtained a money judgment, but Albertson prevailed on the counts concerning the real property. In the present action, Albertson alleged that Raboff had known when he had filed his prior complaint that he had no right to an interest in her property, that he had nevertheless knowingly and maliciously asserted false claims thereto, and that by …

Promoting Legal Aid Work, John S. Bradway

Faculty Scholarship

No abstract provided.

Publicity For Lawyers, John S. Bradway

Faculty Scholarship

No abstract provided.

The Place Of Skills In Legal Education, Charles Bunn, David F. Cavers, Judson F. Falknor, Lester W. Feezer

Faculty Scholarship

No abstract provided.

Lawyers And Morale, John S. Bradway

Faculty Scholarship

No abstract provided.

Third-Party Practice Under The New Rules, J. Douglass Poteat

Faculty Scholarship

No abstract provided.

Some Suggestions For Improving The Law School Library Service, William R. Roalfe

Faculty Scholarship

No abstract provided.

Some Domestic Relations Laws That Counsellors In Marital Difficulties Need To Know, John S. Bradway

Faculty Scholarship

No abstract provided.

Family Watchdog, John S. Bradway

Faculty Scholarship

No abstract provided.

The Essentials Of An Effective Law School Library Service, William R. Roalfe

Faculty Scholarship

No abstract provided.

The Relation Of The Library To Legal Education, William R. Roalfe

Faculty Scholarship

No abstract provided.

Myth Of The Innocent Spouse, John S. Bradway

Faculty Scholarship

No abstract provided.

Migratory Divorce, David F. Cavers

Faculty Scholarship

No abstract provided.

Legal Standards, John S. Bradway

Faculty Scholarship

No abstract provided.

Making Ethical Lawyers—Some Practical Proposals For Achieving The Goal, John S. Bradway

Faculty Scholarship

No abstract provided.