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Articles 1 - 7 of 7
Full-Text Articles in Law
The Return Of Lost Property According To Jewish & Common Law: A Comparison, Michael J. Broyde, Michael Hecht
The Return Of Lost Property According To Jewish & Common Law: A Comparison, Michael J. Broyde, Michael Hecht
Faculty Articles
This article compares the legal rules and jurisprudence of the American common law and Jewish law in the area of finding and returning lost or abandoned property, illustrating the interplay between the purely legal and ethical components of the respective legal systems. Surprisingly enough, the differences between the two systems are not usually significant; they follow the same basic legal principles, and typically lead to the same results. There are, however, two major exceptions: Jewish law imposes a duty to rescue the lost property of one's neighbor, while the common law does not require that one initiate the process by …
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
LLM Theses and Essays
Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
LLM Theses and Essays
Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …
Aesthetic Nuisance: Re-Educating The Judiciary, George P. Smith Ii
Aesthetic Nuisance: Re-Educating The Judiciary, George P. Smith Ii
Scholarly Articles
This article discusses how the traditional common-law refusal to grant relief for an aesthetic nuisance has been eroded by various case decisions. The author suggests an “average person” standard for the judiciary to follow for recognizing an aesthetic nuisance.
The Case Of Natural Obligations, David V. Snyder
The Case Of Natural Obligations, David V. Snyder
Articles by Maurer Faculty
No abstract provided.
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
LLM Theses and Essays
Recent decades have witnessed significant developments in employment termination law in the United States. In particular, the long-standing “at-will” doctrine, under which employers can fire employees for good, bad, or no reason at all, has experienced great erosion and wide variations in law from state to state. There has been a movement of statutory and common law restrictions limiting an employer’s freedom to terminate at will, which reflects the increasing consciousness of job security by society and workers. This paper analyzes the problem of job security by tracing the origin of the at-will doctrine to 19th century principles favoring economic …
On Resegregating The Worlds Of Statute And Common Law, Peter L. Strauss
On Resegregating The Worlds Of Statute And Common Law, Peter L. Strauss
Faculty Scholarship
In the early afternoon of a humid, 97 degree summer day, James Gottshall was part of a crew of mostly 50- to 60-year-old men replacing track for Conrail. Michael Norvick, the crew supervisor, pressed the men to finish the work. He discouraged observance of the scheduled breaks. Richard Johns collapsed in the heat; Norvick ordered the men back to work as soon as a cold compress had revived him. Five minutes later Johns collapsed again, the victim of a heart attack. Gottshall began 40 minutes of ultimately fruitless cardiopulmonary resuscitation on Johns, his friend for 15 years. Norvick was unable …