Law Commons^™

The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato

Washington and Lee Law Review

No abstract provided.

Custom, Law And Morality. By Burton M. Leiser., Daniel J. Gifford

Buffalo Law Review

No abstract provided.

Egalitarianism And The Warren Court, Philip B. Kurland

Michigan Law Review

As late as 1966, an English philosopher could say that the word "equality," unlike the words "freedom," "liberty," and "justice," was not a "value word" but only a descriptive one. He was not denigrating the term or the concept. He was saying that "when people talk about equality in a political or moral context what they really mean to talk about is some closely evaluative concept, such as impartiality or justice." What may have been true in England in 1966 was only partially true in the United States. While the word "equality" may still be used here to invoke other …

Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony D'Amato

Faculty Working Papers

One of the most singular pieces of legislation in American constitutional history passed the Massachusetts legislature in 1970, and was signed into law. It provided that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article I, Section 8, clause 11 of the US Constitution. A conflict between state law and national policy was created.

Comparative Judicial Behavior (Book Review), Donald P. Kommers

Journal Articles

This book consists of several cross-cultural and exploratory studies of judicial decision-making, and is one of the first to appear in the developing field of comparative judicial politics. A product of many months of collaboration between American and Asian scholars at the East-West Center, University of Hawaii, it deals chiefly with decision-making processes in the high courts of Japan, Hawaii, India, Canada, Australia, and the Philippines. The Asian contributors are mainly law teachers with a strong interest in the sociology of law; the American scholars are mainly teachers of political science whose special interest is the study of judicial behavior. …

The Generality Of Neutral Principles: A Game- Theoretic Perspective, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

A Response To Perry: Judicial Method And The Concept Of Reasoning, J. D. Hyman

Buffalo Law Review

No abstract provided.

Judicial Method And The Concept Of Reasoning, Thomas D. Perry

Buffalo Law Review

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

G.I. RIGHTS AND ARMY JUSTICE: THE DRAFTEE'S GUIDE TO MILITARY LIFE AND LAW

By Robert S. Rivkin

New York: Grove Press, Inc., 1970. Pp. vii, 383. $1.75.

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HUMAN RIGHTS AND INTERNATIONAL ACTION

By Ernst B. Haas

Stanford, California: Stanford University Press, 1970.Pp. vii, 184.

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INDIRECT TAXATION IN DEVELOPING COUNTRIES

By John F. Due

Baltimore: The Johns Hopkins Press, 1970. Pp. v, 201. $9.00.

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INTERNATIONAL TELECOMMUNICATIONS AND INTERNATIONAL LAW: THE REGULATION OF THE RADIO SPECTRUM

By David M. Leive

Dobbs Ferry, N. Y.: Oceana Publications Inc., 1970. Pp. 11, 386.$16.50.

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THE WINDS OF FREEDOM

By Dean Rusk …

Once More Into The Breach: Promissory Estoppel And Traditional Damage Doctrine, Theodore S. Sims

Faculty Scholarship

When, in the absence of traditional contract formalities, a promise is enforced because the promisee has acted in reliance upon it, both courts and commentators have disagreed over the proper measure of damages. Early in the debate, two positions could be discerned. Advocates of the one favored enforcing the promise according to its terms and awarding the promisee full contractual damages.This measure of recovery has come to be called the expectation interest and is an attempt to put the promisee in the same position as he would have been had the promise been fulfilled. Advocates of the other position would …

In Defense Of The Doctrine Of Mutuality Of Estoppel, Edwin H. Greenebaum

Indiana Law Journal

No abstract provided.

The Normative Theory Of Law, George E. Glos

William & Mary Law Review

No abstract provided.

Perspectives On Perennial Problems Of Jurisprudence, Joseph J. Darby

San Diego Law Review

A review of E. Bodenheimer, Treatise on justice, W. Friedmann, Legal theory, 5U., and B. Wortley, Jurisprudence. To a certain degree, law is a refection of the social environment in which it exists. Since a multiplicity of forces is constantly at work to produce stresses and tensions that serve to keep society in an incessant state of flux, the law also finds itself in continual need to adjust and readjust. Traditionally, the contemplative jurist in search of aid in the solution of novel social problems has turned to philosophy. Despite the increasing popularity of the auxiliary disciplines of sociology, psychology …

The Voiceprint Technique: Its Structure And Reliability, Bernard S. Kamine

San Diego Law Review

Identification of individuals by the sound of their voices has long been an accepted courtroom practice. It has been accompanied directly both in the courtroom and extra-judicially, as well as indirectly with sound recordings. Voice identifications are essential to authenticating sound recordings for introduction as evidence, and are frequently the most conclusive evidence in certain types of criminal prosecutions such as those involving obscene phone calls. Until recently all voice identifications were made by the human ear, by someone familiar with the sound of the voice being identified. Although generally accepted by the courts, it has been recognized that such …

Comment On: State V. Clifton Pearce, James Hinton Pou Bailey

North Carolina Central Law Review

No abstract provided.

Justices Of The Peace: Judges For Hire, R. Lewis Ray

North Carolina Central Law Review

No abstract provided.

Summary Judgement: Is It A Lawyer's Shortcut, Philip Auerbach

North Carolina Central Law Review

No abstract provided.

Miscalculation In Contracts: The Tort-Schema In German And Common Law, Robert Dugan

Buffalo Law Review

No abstract provided.

Exclusive Jurisdiction - The Key To Voting Rights For Residents Of Federal Enclaves - Cornman V. Dawson

Maryland Law Review

No abstract provided.

The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

A Comparison Of The Roles Of American And Civil Law Judges In The Development Of The Law, James C. Hair

Vanderbilt Journal of Transnational Law

The traditional distinction between a judge in the Civil Law System and his counterpart in the United States is that the former only applies codified law, while the latter not only applies but also "makes" law through judicial decision. The theory underlying the Civil Law System holds that development of the law is the exclusive province of the legislature and that judges are not to engage in such activity unless the legislature permits it. In France, for example, to ensure that judges do not exceed their authority, the Civil Code prohibits a judge, under threat of criminal sanction, from basing …

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

Publications

No abstract provided.

American Jurisprudence Between The Wars: Legal Realism And The Crisis Of Democratic Theory, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

The Warren Court And Desegregation, Robert L. Carter

Michigan Law Review

When Chief Justice ·warren assumed his post in October 1953, the underpinnings of the "separate but equal" concept had become unmoored beyond restoration. Full-scale argument on the validity of apartheid in public education was only weeks away, and the portent of change in the constitutional doctrine governing American race relations was unmistakable. Although the groundwork had been carefully prepared for the Chief Justice's announcement in Brown v. Board of Education that fundamental principles forbade racial segregation in the nation's public schools, the decision, when it was delivered on :May 17, 1954, was more than a break with the past. In …

State Courts And The Federal System, Griffin B. Bell

Vanderbilt Law Review

One of the more important aspects of federalism lies in the relationship which has been established between state and federal courts. The interworkings of the judicial process involve power in some in-stances and principles of comity in others. The purpose of this article is to examine this relationship, including possible areas of abrasion resulting from the interworkings between the two court systems.

Book Reviews, Richard G. Singer, Alfred H. Knight, Iii

Vanderbilt Law Review

Counsel on Appeal Edited by Arthur A. Charpentier New York: McGraw-Hill, 1968. Pp. xi, 223.

reviewer: Richard G. Singer

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Law Without Sanctions By Michael Barkun New Haven and London: Yale University Press, 1968. Pp. 175. $6.50

reviewer: Alfred H. Knight, III

Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham

Buffalo Law Review

No abstract provided.

Science Vs. Law: Some Legal Problems Raised By "Big Science", Arthur Selwyn Miller

Buffalo Law Review

No abstract provided.

The Delicate Balance Of Freedom, Robert E. Maxwell

West Virginia Law Review

No abstract provided.

Recent Developments In The Law Of Search And Seizure, Jerold H. Israel

Book Chapters

This article is designed to provide a survey of recent decisions dealing with several important issues in the area of search and seizure. It is intended primarily as a basic collection of sources. I have, therefore, sought to keep my own commentary at a minimum and the citations to relevant cases at a maximum. Wherever space permits, I have let the courts speak for themselves. In most instances, however, it has been necessary to provide fairly general descriptions of the cases.