Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 8731 - 8760 of 9249

Full-Text Articles in Law

Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson Jan 1973

Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson

Villanova Law Review (1956 - )

No abstract provided.


Future Inflation And The Undercompensated Plaintiff, Irving Bert Levinson Jan 1973

Future Inflation And The Undercompensated Plaintiff, Irving Bert Levinson

Loyola University Chicago Law Journal

No abstract provided.


Indigent Access To Civil Courts: The Tiger Is At The Gates, Wayne H. Scott Jan 1973

Indigent Access To Civil Courts: The Tiger Is At The Gates, Wayne H. Scott

Vanderbilt Law Review

The accusation that justice in America has become a luxury has been heard with increasing frequency in recent years. An often criticized aspect of this perceived discrimination is that the poor are systematically deprived of effective access, and frequently of any access at all, to the judicial process by the varied and burdensome expenses of civil litigation.' Although these financial barriers have been subjected to increasingly successful attacks in the courts, the extent to which they have been lowered remains unclear. Nevertheless, an examination of the steps already taken to alleviate the problem of the indigent civil litigant raises hopes …


Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin Oct 1972

Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin

Buffalo Law Review

Paper prepared for the II Congreso interamericano de derecho romano of the Seminario de derecho romano de la facultad de derecho de la Universitad nacional autónoma de México, July 17-21, 1972, in coordination with, the Associación interamericana de derecho romano, with seat at the Universidad de Paraiba, Joao Pessoa, Brasil.


Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo Oct 1972

Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo

Buffalo Law Review

No abstract provided.


The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel Oct 1972

The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel

Buffalo Law Review

No abstract provided.


Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis Oct 1972

Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis

Buffalo Law Review

No abstract provided.


To Where Does One Attach The Horses?, Aaron Twerski Oct 1972

To Where Does One Attach The Horses?, Aaron Twerski

Faculty Scholarship

No abstract provided.


The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost Sep 1972

The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost

West Virginia Law Review

Fear of governmental domination prompted the founders of the United States to restrict governmental interference with individual liberties. Indeed, the Bill of Rights was added to the Constitution to prohibit tampering with preferred freedoms. One such prohibition is that no citizen can be deprived of his life, liberty or property solely upon governmental accusations. Such deprivation can follow only after determination of guilt by a jury of the individual's peers. However, West Virginia statutorily denies paupers this fundamental right to a trial by their peers. This denial constitutes an invidious discrimination violative of the equal protection clause of the Constitution.


National Institute Of Justice--A Proposal, Bert H. Early Apr 1972

National Institute Of Justice--A Proposal, Bert H. Early

West Virginia Law Review

No abstract provided.


Dombrowski In The Wake Of Younger: The View From Without And Within, Robert Allen Sedler Jan 1972

Dombrowski In The Wake Of Younger: The View From Without And Within, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


The Organs Of Soviet Administration Of Justice: Their History And Operation, By Samuel Kucherov, Jurij Fedynskyj Jan 1972

The Organs Of Soviet Administration Of Justice: Their History And Operation, By Samuel Kucherov, Jurij Fedynskyj

Indiana Law Journal

No abstract provided.


Book Reviews, Max Rheinstein, Eugene V. Rostow, William O. Thweatt Jan 1972

Book Reviews, Max Rheinstein, Eugene V. Rostow, William O. Thweatt

Vanderbilt Journal of Transnational Law

JUDICIAL REVIEW IN THE CONTEMPORARY WORLD

By Mauro Cappelletti

Indianapolis: Bobbs Merrill, 1971. Pp. xi, 117. $8.50 ($4.50 student edition).

reviewer: Max Rheinstein

=========================

THE PRICE OF INTERNATIONAL JUSTICE

Philip C. Jessup

New York: Columbia University Press, 1971. Pp. ix, 82. $5.95.

reviewer: Eugene V. Rostow

======================

THREE WORLDS OF DEVELOPMENT: THE THEORY AND PRACTICE OF INTERNATIONAL STRATIFICATION

By Irving Louis Horowitz

New York: Oxford University Press, 1972. Pp. xxx, 556. $15.00 (Paperback, $3.50).

reviewer: William O. Thweatt


Pollution Control, Present And Potential: A Jurisprudential Evaluation Of Cost Allocation As An Alternative, M. G. Woodroof Iii Jan 1972

Pollution Control, Present And Potential: A Jurisprudential Evaluation Of Cost Allocation As An Alternative, M. G. Woodroof Iii

Kentucky Law Journal

No abstract provided.


Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown Jan 1972

Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown

Journal Articles

Brown is the founder and foremost exponent of preventive law jurisprudence. Shaffer has dwelt in recent books and essays on the parallels between humanistic psychology and the fife of lawyers. In this dialogue they focus their somewhat diverse insights on law as living; on their agreement that lawyer-client decisions are law in any functional sense of the word; and on the premise that an explicable jurisprudence is implicit in the process of law office decision making.


Evidence - Presumption That Judge Disregarded Incompetent Evidence In Reaching His Verdict Does Not Obtain Where An Objection To The Evidence Has Been Overruled, Thomas P. Carney Jr. Jan 1971

Evidence - Presumption That Judge Disregarded Incompetent Evidence In Reaching His Verdict Does Not Obtain Where An Objection To The Evidence Has Been Overruled, Thomas P. Carney Jr.

Loyola University Chicago Law Journal

No abstract provided.


The Contempt Power - The Lifeblood Of The Judiciary, Nathan M. Cohen Jan 1971

The Contempt Power - The Lifeblood Of The Judiciary, Nathan M. Cohen

Loyola University Chicago Law Journal

No abstract provided.


Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers Jan 1971

Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers

Journal Articles

The relationship between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. The Federal Constitutional Court has gone further than any other constitutional tribunal in the West to promote a free and competitive party system, and the Court’s decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. The Federal Constitutional Court’s decision in 1966 to invalidate a federal plan for subsidizing political parties is a good example of the …


The Role Of Scienter And The Need To Limit Damages In Rule 10b-5 Actions--The Texas Gulf Sulphur Litigation, J. Kent Dunlap Jan 1971

The Role Of Scienter And The Need To Limit Damages In Rule 10b-5 Actions--The Texas Gulf Sulphur Litigation, J. Kent Dunlap

Kentucky Law Journal

No abstract provided.


The Neutrality Of Adherence To Precedent, Robert Birmingham Jan 1971

The Neutrality Of Adherence To Precedent, Robert Birmingham

Faculty Articles and Papers

No abstract provided.


Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer Jan 1971

Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer

Indiana Law Journal

No abstract provided.


Law And Today's Crisis-Situations, Thomas E. Davitt Jan 1971

Law And Today's Crisis-Situations, Thomas E. Davitt

Indiana Law Journal

No abstract provided.


International Order And National Sovereignty - They Can Co-Exist, Arthur Larson Jan 1971

International Order And National Sovereignty - They Can Co-Exist, Arthur Larson

Faculty Scholarship

No abstract provided.


The Identity Of Legal Systems, Joseph Raz Jan 1971

The Identity Of Legal Systems, Joseph Raz

Faculty Scholarship

Laws are part of legal systems; a particular law is a law only if it is part of American law or French law or some other legal system. Legal philosophers have persistently attempted to explain why we think of laws as forming legal systems, to evaluate the merits of this way of thinking about the law and to make it more precise by explicating the features that account for the unity of legal systems. Various theories have been suggested but none has been accepted as completely satisfactory, and the continuing debate owes much to the intricacy of the problems involved. …


Judicial Opinion Analysis, John J. Daley Jan 1971

Judicial Opinion Analysis, John J. Daley

LLM Theses and Essays

The aim of this paper is to suggest a method of judicial opinion analysis. This method has five essential aspects: 1) form; 2) procedure; 3) precedential value; 4) authority; and 5) substance. Observation of these aspects in judicial opinions should broaden legal and jurisprudential perspective and cause critical analysis of case dispositions.


Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine Jan 1971

Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine

Articles

The ethos of the labor movement cuts against the American grain at several points. Our national instinct, reflected in many statutes and much judge-made law, is to exalt the rugged individualist over the anonymous group, to favor wide-open competition rather than a controlled market, and to prize the right of each person to remain aloof from the quarrels and concerns of his neighbors. It is not for nothing that our most universal folk hero is the frontiersman, who proudly stands alone and self-sufficient. Yet the ordinary workingman does not have the capacity to assume that heroic stance. For him strength …


A Critique Of Professor Fried’S Anatomy Of Values, Robert S. Summers Jan 1971

A Critique Of Professor Fried’S Anatomy Of Values, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


The Neutrality Of Adherence To Precedent, Robert L. Birmingham Jan 1971

The Neutrality Of Adherence To Precedent, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.


Some Speculation About Artificial Intelligence And Legal Reasoning, Bruce G. Buchanan, Thomas E. Headrick Nov 1970

Some Speculation About Artificial Intelligence And Legal Reasoning, Bruce G. Buchanan, Thomas E. Headrick

Journal Articles

No abstract provided.


The Influence Of Interpretation On Writing, David Daube Oct 1970

The Influence Of Interpretation On Writing, David Daube

Buffalo Law Review

No abstract provided.