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Articles 1 - 7 of 7
Full-Text Articles in Law
Book Reviews, Noel T. Dowling (Reviewer), Hugo L. Black, Jr. (Reviewer), George H. Cate, Sr. (Reviewer), Henry N. Williams (Reviewer)
Book Reviews, Noel T. Dowling (Reviewer), Hugo L. Black, Jr. (Reviewer), George H. Cate, Sr. (Reviewer), Henry N. Williams (Reviewer)
Vanderbilt Law Review
On Understanding the Supreme Court
By Paul A. Freund
Boston: Little, Brown & Company, 1949. Pp. 130. $3.00
reviewer: Noel T. Dowling
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Courts on Trial
By Jerome N. Frank
Princeton: Princeton University Press, 1949. Pp. vii, 441. $5.00
reviewer: Hugo L. Black, Jr.
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Hugo L. Black: A Study in the Judicial Process
By Charlotte Williams
Baltimore: The Johns Hopkins Press, 1950. Pp. vii, 208. $3.50.
reviewer: George H. Cate, Sr.
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Hatch Act Decisions (Political Activity Cases) of the United States Civil Service Commission
By James W. Irwin
Washington: United States Government Printing Office, 1949. Pp. 304. $1.50 …
Jurisdictional Amount In The Federal District Courts, William W. Hurst
Jurisdictional Amount In The Federal District Courts, William W. Hurst
Vanderbilt Law Review
In 1925, Judge Dobie, then professor of law at the University of Virginia, advanced a formula for determining the value of the matter in controversy in all federal question and diverse citizenship cases in the federal district courts. He called it a "plaintiff-viewpoint rule," and stated it thus: "The amount in controversy in the United States District Court is always to be determined by the value to the plaintiff of the right which he in good faith asserts in his pleading that sets forth the operative facts which constitute his cause of action."
Since then, the rule has received sanction …
Special Problems In Drafting And Interpreting Procedural Codes And Rules, Charles E. Clark
Special Problems In Drafting And Interpreting Procedural Codes And Rules, Charles E. Clark
Vanderbilt Law Review
My contribution to this symposium will consist of the advancement of one main thesis and four subordinate and supporting ones. My main thesis is simple indeed. Procedural rules must be viewed as grants or creations of judicial power. My subordinate theses then indicate certain complications showing that in practice the matter cannot be thus wholly disposed of. Though too much reform has so assumed, it turns out that telling a court it has power does not guarantee exercise of that power. Judicial inertia, precedent-mindedness, love of technical niceties--all play their part in halting procedural improvement. So does, even more, a …
Book Reviews, Paul H. Douglas (Reviewer), Cecil Sims (Reviewer), Ray Forrester (Reviewer)
Book Reviews, Paul H. Douglas (Reviewer), Cecil Sims (Reviewer), Ray Forrester (Reviewer)
Vanderbilt Law Review
Book Reviews
Congress on Trial By James M. Burns New York: Harper & Brothers,1949. Pp. vii, 224. $3.00
reviewer: Paul H. Douglas
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Language and the Law By Frederick A. Philbrick New York: MacMillanCo., 1949. Pp. v, 254. $3.75
reviewer: Cecil Sims
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Commentary on the U.S. Judicial Code By James William Moore Albany: Matthew Bender and Company, 1949. Pp. viii, 684. $10.00
reviewer: Ray Forrester
Remarks On The Theory Of Appellate Decision And The Rules Or Canons About How Statutes Are To Be Construed, Karl N. Llwellyn
Remarks On The Theory Of Appellate Decision And The Rules Or Canons About How Statutes Are To Be Construed, Karl N. Llwellyn
Vanderbilt Law Review
One does not progress far into legal life without learning that there is no single right and accurate way of reading one case, or of reading a bunch of cases. For
(1) Impeccable and correct doctrine makes clear that a case "holds"with authority only so much of what the opinion says as is absolutely necessary to sustain the judgment. Anything else is unnecessary and "distinguishable" and noncontrolling for the future. Indeed, if the judgment rests on two, three or four rulings, any of them can be rightly and righteously knocked out, for the future, as being thus "unnecessary." Moreover, any …
Legal Writing On Statutory Construction, Paul H. Sanders, John W. Wade
Legal Writing On Statutory Construction, Paul H. Sanders, John W. Wade
Vanderbilt Law Review
This review does not purport to provide a complete critique of the various works in the field of Statutory Construction. It is not directed primarily to the specialist. Instead, it is intended to bring together for the benefit of the general practitioner the various books and other writings on the subject and thus amounts essentially to a bibliography. But an effort has been made to suggest the approach of the longer works and to estimate in some measure their value. Thus this symposium on the subject of Statutory Construction can be rounded out by providing convenient reference to other writings …
The Tidewater Case And Limited Jurisdiction Of Federal "Constitutional" Courts, Joe H. Foy
The Tidewater Case And Limited Jurisdiction Of Federal "Constitutional" Courts, Joe H. Foy
Vanderbilt Law Review
In the recent case of National Mutual Insurance Ca. v. Tidewater Transfer Co.,' the Act of April 20, 1940, allowing citizens of the District of Columbia and of the territories to sue and be sued in the district courts on the basis of diverse citizenship, was held constitutional insofar as it applies to citizens of the District of Columbia. The practical effect of the decision, in allowing Congress to remove a basic inequality among citizens of the United States, is perhaps commendable. However, there are broad theoretical implications in this holding, emphasized by sharp debate among the justices, which could …