Law Commons^™

Federal Courts, Injunctions, Declaratory Judgments, And State Law: The Supreme Court Has Finally Fashioned A Workable Abstention Doctrine, Clair E. Dickinson

Cleveland State Law Review

The American judicial system is founded on several policies which act as guideposts for the courts. Among these is the policy that states should be as free from federal control as possible. At the opposite end of the spectrum is the view that federal courts have a duty to protect individuals from violations of their constitutional rights. These policies meet, and seemingly clash, when a plaintiff enters a federal court either to request a declaratory judgment that a state statute is unconstitutional or to seek an injunction against the enforcement of the statute. The balancing of these competing interests has …

The Intrusion Of Federal Immunity Protection Into State Disbarment Proceedings, Patrick E. Deady

Loyola University Chicago Law Journal

No abstract provided.

The Enterprise Liability Theory Of Torts, Howard C. Klemme

Publications

No abstract provided.

"One Man's Theory .... ": A Metatheoretical Analysis Of H. L. A. Hart's Model Of Law, F. Patrick Hubbard

Maryland Law Review

No abstract provided.

Legal Ethics: Confidentiality And The Case Of Robert Garrow's Lawyers, Jeffrey Frank Chamberlain

Buffalo Law Review

No abstract provided.

The Legal Point Of View, L. C. Green

Dalhousie Law Journal

What is Law? By what criteria do we recognize valid law? These questions have exercised the minds of distinguished jurisprudential thinkers of the past. Every solution that has been propounded, whether in terms of natural law theory, command models, norm or rule models, seems to have been defective in one way or another. The main thesis of this book is that every attempt to find some "essence of law" - whether in terms of commands, rules or whatever - is bound to fail. The reason given is that there is not one and only one "true" conception of law. There …

Interstitial Jurisprudence Illustrated In Teaching Criminal Law, David A. Funk

Journal of Legal Education

No abstract provided.

The Legal Point Of View, L. C. Green

Dalhousie Law Journal

What is Law? By what criteria do we recognize valid law? These questions have exercised the minds of distinguished jurisprudential thinkers of the past. Every solution that has been propounded, whether in terms of natural law theory, command models, norm or rule models, seems to have been defective in one way or another. The main thesis of this book is that every attempt to find some "essence of law" - whether in terms of commands, rules or whatever - is bound to fail. The reason given is that there is not one and only one "true" conception of law. There …

Frames Of Reference For Legal Ideals, W. L. Morison

Dalhousie Law Journal

The publication of Canada's most newly established legal journal by Canada's oldest established common law school naturally prompts reflections concerning the elements of continuity and change in legal writing, and legal thinking generally. Legal writing has so radically changed during the existence of Canada's oldest common law school, or for that matter during the existence of Australia's oldest law school to which the writer belongs, that articles written even during the earlier part of this century excite feelings of nostalgia in some people. In welcoming an article published in the Sydney Law Review in the nineteen fifties, Dean Erwin Griswold …

The World As Reality, As Resource, And As Pretense, Richard Stith

Law Faculty Publications

No abstract provided.

Book Review, Clarence Emmett Manion

Journal Articles

Reviewing: THE PRICE OF PERFECT JUSTICE. By Macklin Fleming. The Adverse Consequences of Current Legal Doctrine on the American Courtroom. Justice of the California Court of Appeals (Basic Books, Inc. New York).

On What A Rule Is, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Prospects For Structural Reform Of The Bankruptcy System, Marjorie L. Girth

Faculty Publications By Year

No abstract provided.

Book Review Of Karl Llewellyn And The Realist Movement, By William Twining, Edward A. Purcell Jr.

Other Publications

No abstract provided.

The Tennessee Rule Against Perpetuities: A Proposal For Statutory Reform, C. Dent Bostick

Vanderbilt Law Review

For several decades, there has been agitation for reform of the common-law Rule Against Perpetuities. For the most part, the reformers have urged that improvements in the Rule and the manner of its application be accomplished through legislative enactment.' Only a few jurisdictions have opted for reform by the judiciary. Thus far, there has been no legislative reform of the Rule in Tennessee; the appellate courts of the state continue to apply the Rule inits common-law form with all the confusing rubrics attached to it by centuries of development. The condition of Tennessee's law on the subject contrasts sharply with …

The Jurisprudence Of Karl Llewellyn, Simon N. Verdun-Jones

Dalhousie Law Journal

Jurisprudence means to me: any careful and sustained thinking about any phase of things legal, if the thinking seeks to reach beyond the practical solution of an immediate problem in hand. Jurisprudence thus includes any type at all of honest and thoughtful generalization in the field of the legal.' Alongside Roscoe Pound, Karl Llewellyn dominated the American jurisprudential stage for more than thirty years. Indeed, his diverse interests, broadly-based achievements and colorful personality compel the attention of any serious student of modern jurisprudence. Furthermore, the very profusion of roles played by Llewellyn render him one of the most remarkable legal …

Keeping Pace With Change - New Vistas For Lawyers, James D. Fellers

North Carolina Central Law Review

No abstract provided.

Law In The Coming Years*, George D. Gibson

Washington and Lee Law Review

No abstract provided.

The Common Lands Concept: A "Commons" Solution To A Common Environmental Problem, Julian C. Juergensmeyer, James Wadley

Faculty Publications By Year

No abstract provided.

Federal Witness Immunity Act: Expanding The Scope Of Pre-Testimony Judicial Review, John H. Land

Loyola University Chicago Law Journal

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ACT OF STATE ACT OF STATE DOCTRINE APPLIES TO INFORMAL ACTIONS OF FOREIGN GOVERNMENTS IF THE GOVERNMENTAL AGENT ACTS WITHIN THE SCOPE OF HIS AUTHORITY

2. ADMIRALTY SIGNIFICANT--RELATIONSHIP-TO-MARITIME-ACTIVITY TEST USED TO DETERMINE ADMIRALTY TORT JURISDICTION

3. ALIEN'S RIGHTS REGULATIONS EXCLUDING RESIDENT ALIENS FROM EMPLOYMENT IN FEDERAL COMPETITIVE CIVIL SERVICE VIOLATE DUE PROCESS CLAUSE OF FIFTH AMENDMENT

4. AVIATION MENTAL DISTRESS ATTACHES TO AN AIR CARRIER'S STRICT LIABILITY FOR BODILY INJURY UNDER THE WARSAW CONVENTION

5. IMMIGRATION AND NATURALIZATION CONGRESS MAY GRANT CITIZENSHIP TO FOREIGN-BORN CHILDREN OF CITIZEN FATHERS, WHILE DENYING SAME TO OFFSPRING OF CITIZEN MOTHERS

6. …

Observations Of An Appellate Judge:The Use Of Law Clerks, Eugene A. Wright

Vanderbilt Law Review

Time-judicial time-is our most valuable commodity. We must employ it effectively and efficiently if we are to keep abreast of new developments in the law, new areas of litigation, and modern procedural improvements and to dispose of increasing backlogs of appealed cases. Circuit judges, each authorized two law clerks, have become increasingly dependent upon the help of their staffs to meet the demands of their expanding workload. The role of the law clerk is to aid the experienced judge in his ultimate task, decision-making. An appellate judge will have a varied background of skills and experience. Often he brings to …

New Approaches To Legal Study, Philip Slayton

Dalhousie Law Journal

Most lawyers - be they practitioners, judges, or just plain academics - have a fairly clear idea of what it is they must do when "studying law". Most lawyers, without giving the matter very much thought, concern themselves with interpreting statutes according to well-understood principles, analysing cases using time-honoured notions such as stare decisis, ratio decidendi, and obita dicta, and occasionally (very occasionally, with much trepidation and many disclaimers) venturing a policy suggestion or two. Not many have wanted to do much else, and few have suggested any virtue in trying anything new. But the winds of change appear to …

A Theory Of Justice, Richmond Campbell

Dalhousie Law Journal

In A Theory of Justice John Rawls constructs a comprehensive social contract theory of justice to stand as a substantive alternative to utilitarianism. This work combines and develops the ideas of earlier essays, such as "Justice as Fairness" (1958), "The Sense of Justice" (1963), "Constitutional Liberty" (1963) and "Civil Disobedience" (1966), into a systematic moral and political philosophy of astonishing power and subtlety. I shall sketch its main principles, their derivation and justification, and then raise some questions about the supposed opposition between the standards of justice and utility.

Moral And Judicial Reasoning: A Structural Analogy, Thomas D. Perry

Buffalo Law Review

No abstract provided.

The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos

Buffalo Law Review

No abstract provided.

The Prospects For Individual Freedom: Toward Greater Fairness For All, J. Ralph Beaird, C. Ronald Ellington

Scholarly Works

Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means.

Imagine that on June 1, 2001, the latest issue of United States Law Week listed the following cases for oral argument at the next October term of the United States Supreme Court....

In Memoriam Of Professor George D. Horning Jr., Gordon A. Christenson

Faculty Articles and Other Publications

Tribute to legal scholar, George D. Horning Jr.

Studying Law As The Possibility Of Principled Action, Gordon A. Christenson

Faculty Articles and Other Publications

The study of law may be viewed as the critical analysis of a system of logically coherent rules governing action. In the United States, the responsibility for legal education has traditionally fallen upon the law schools. Within the legal profession and law schools a restive spirit now prevails, seeking to further clarify the meaning of that responsibility.' Two responses appear in the law schools, for good or ill.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.