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Jurisprudence

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Articles 8791 - 8820 of 9249

Full-Text Articles in Law

Case Comments, Journal Staff Jan 1968

Case Comments, Journal Staff

Vanderbilt Journal of Transnational Law

Sovereign Immunity and Act of State -- A Foreign Sovereign instituting Suit in a United States Court waives Immunity to a Set-off arising from an Act of that Sovereign

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International Law--Nuremburg Doctrine invoked in Domestic Court-Martial


Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham Jan 1968

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

Articles by Maurer Faculty

No abstract provided.


Social Dimensions Of Law And Justice By Julius Stone, Gary S. Goodpaster Oct 1967

Social Dimensions Of Law And Justice By Julius Stone, Gary S. Goodpaster

Indiana Law Journal

No abstract provided.


Law And Conflict: Some Current Dilemmas, Hardy C. Dillard Sep 1967

Law And Conflict: Some Current Dilemmas, Hardy C. Dillard

Washington and Lee Law Review

No abstract provided.


Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon Apr 1967

Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon

Washington Law Review

Because much of modern philosophy has been preoccupied with some form of language analysis and because jurists often apply philosophical techniques and insights when attempting to solve jurisprudential problems, theories or views of the nature of language have considerable jurisprudential significance. The point is illustrated by the recent movement toward using the methods of "ordinary language" philosophy in the analysis of legal problems. The pattern is not new; a roughly similar relationship is seen in positivism and its application in jurisprudence. The notion behind this approach is that an understanding of the nature of language contributes to the solution of …


Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon Apr 1967

Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon

Washington Law Review

Because much of modern philosophy has been preoccupied with some form of language analysis and because jurists often apply philosophical techniques and insights when attempting to solve jurisprudential problems, theories or views of the nature of language have considerable jurisprudential significance. The point is illustrated by the recent movement toward using the methods of "ordinary language" philosophy in the analysis of legal problems. The pattern is not new; a roughly similar relationship is seen in positivism and its application in jurisprudence. The notion behind this approach is that an understanding of the nature of language contributes to the solution of …


Morality And The Law, By Samuel Enoch Stumpf, Robert K. Faulkner Apr 1967

Morality And The Law, By Samuel Enoch Stumpf, Robert K. Faulkner

Indiana Law Journal

No abstract provided.


Ethics Of Advocacy, Alexander Holtzoff Apr 1967

Ethics Of Advocacy, Alexander Holtzoff

Buffalo Law Review

No abstract provided.


Book Reviews, Harold G. Maier Apr 1967

Book Reviews, Harold G. Maier

Vanderbilt Law Review

The Enforcement of International Judicial Decisions Arbitral Awards in Public International Law By E.K. Nantwi Leyden, Netherlands: A.W. Sijthoff, N.V., 1966. Pp. xv 209.

Harold G. Maier

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Legal Papers of John Adams Edited by L. Kinvin Wroth and Hiller B. Zobel Cambridge: The Belknap Press of Harvard University Press, 1965. Vol. 1, pp. cxliv, 334. Vol. 2, pp. x, 441. Vol.3, pp. viii, 434. $30.00 the set

Frederick Bernays Wiener


Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler Jan 1967

Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler

Villanova Law Review (1956 - )

No abstract provided.


Preventable Law And Family Law: Pre-Marital Phases And Purposes, James F. Falco Jan 1967

Preventable Law And Family Law: Pre-Marital Phases And Purposes, James F. Falco

Villanova Law Review (1956 - )

No abstract provided.


A Review Of Hohfeld's Fundamental Legal Concepts, Alan D. Cullison Jan 1967

A Review Of Hohfeld's Fundamental Legal Concepts, Alan D. Cullison

Cleveland State Law Review

Wesley N. Hohfeld tried to split the atom of legal discourse and to identify its elementary particles. He identified eight atomic particles which he called "the lowest common denominators of the law." All legal concepts, he thought, can be completely analyzed, even defined, in terms of these eight fundamental legal conceptions: Right, No-Right, Power, Disability, Duty, Privilege, Liability, Immunity. Of course, Hohfeld had in mind very specific meanings for these eight terms; so it is not the words themselves, but rather the meanings he had in mind, that tell Hohfeld's story. The first thing that needs clarifying is what kind …


Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr. Jan 1967

Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.

Publications

The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.


The Individual And The Public Service Enterprise In The New Industrial State, Joseph R. Grodin, Matthew O. Tobriner Jan 1967

The Individual And The Public Service Enterprise In The New Industrial State, Joseph R. Grodin, Matthew O. Tobriner

Faculty Scholarship

No abstract provided.


One Civil Libertarian Among Many: The Case Of Mr. Justice Goldberg, Ira H. Carmen Dec 1966

One Civil Libertarian Among Many: The Case Of Mr. Justice Goldberg, Ira H. Carmen

Michigan Law Review

It is common knowledge that in recent times the constitutional issues of greatest magnitude and of greatest public interest lie in the area of civil liberties. These cases almost always call for the delicate balancing of the rights of the individual, allegedly protected by a specific clause in the Constitution, and the duties that state or federal authority can exact from citizens in order that society may maintain a minimum standard of peace and security. It follows, therefore, that it is these often dramatic decisions which will largely color the images we have of participating Justices. Assume a free speech …


The New Analytical Jurists, Robert S. Summers Nov 1966

The New Analytical Jurists, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Reflections On The Emigré Scholar: In Memory Of Arthur Lenhoff, Saul Touster Oct 1966

Reflections On The Emigré Scholar: In Memory Of Arthur Lenhoff, Saul Touster

Buffalo Law Review

No abstract provided.


Comparative Law And Jurisprudence, Jerome Hall Oct 1966

Comparative Law And Jurisprudence, Jerome Hall

Buffalo Law Review

No abstract provided.


America's Cultural Contributions To Europe In The Realm Of Law, Arthur Lenhoff Oct 1966

America's Cultural Contributions To Europe In The Realm Of Law, Arthur Lenhoff

Buffalo Law Review

No abstract provided.


Civil Law And Common Law Influences On The Developing Law Of Ethiopia, J. Vanderlinden Oct 1966

Civil Law And Common Law Influences On The Developing Law Of Ethiopia, J. Vanderlinden

Buffalo Law Review

No abstract provided.


Legalism: The Jurisprudence Roundtable, 1965, Harold Gill Reuschlein Sep 1966

Legalism: The Jurisprudence Roundtable, 1965, Harold Gill Reuschlein

Journal of Legal Education

No abstract provided.


Book Review Of The Ideas In Barotse Jurisprudence, Lloyd A. Fallers Jun 1966

Book Review Of The Ideas In Barotse Jurisprudence, Lloyd A. Fallers

Journal of Legal Education

No abstract provided.


Values As Variables In Judicial Decision-Making: Notes Toward A Theory, David I. Danelski Jun 1966

Values As Variables In Judicial Decision-Making: Notes Toward A Theory, David I. Danelski

Vanderbilt Law Review

The concept of values is central to the explanation of judicial decision-making. Indeed, Clark L. Hull has gone so far as to say that any fairly detailed and sound dynamic theory of behavior must contain an empirical theory of values. Although students of judicial behavior have used values, or some equivalent concept, in their studies, there has been as yet no thorough, systematic exploration of values with a view toward using it as the central concept in building an empirical theory of judicial decision-making. This paper is a modest step in that direction. It is not, however, a presentation of …


The Rule Of Just Law, William B. Harvey Apr 1966

The Rule Of Just Law, William B. Harvey

Indiana Law Journal

Speech delivered on Law Day, April 30, 1966, at Bloomington, Indiana.


The Jurisprudence Of Willard Hurst, Russell E. Brooks Mar 1966

The Jurisprudence Of Willard Hurst, Russell E. Brooks

Journal of Legal Education

No abstract provided.


The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii Mar 1966

The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii

Cornell Law Faculty Publications

The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before the Court entered …


Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith Mar 1966

Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith

Michigan Law Review

Prior to the 1964 Supreme Court Term, decisions promulgating new constitutional rules were applied retroactively as a matter of course to final convictions. While dissents occasionally criticized the Court's failure to discuss the retroactive impact of a new constitutional rule, the potential effect upon final convictions of any single rule was not sufficiently acute to justify a departure from the normal grant of retroactivity. But the Court's decision in Mapp v. Ohio; which abruptly overturned Wolf v. Colorado and brought into doubt final state convictions resting upon illegally seized evidence admitted in reliance upon Wolf, caused courts and …


Law Day Address, Frank C. Haymond Feb 1966

Law Day Address, Frank C. Haymond

West Virginia Law Review

No abstract provided.


Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney Jan 1966

Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney

Villanova Law Review (1956 - )

No abstract provided.


The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz Jan 1966

The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz

Villanova Law Review (1956 - )

No abstract provided.