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Articles 8881 - 8910 of 9245
Full-Text Articles in Law
Hurst: Law And Social Process In United States History, Robert S. Hunt
Hurst: Law And Social Process In United States History, Robert S. Hunt
Michigan Law Review
A Review of Law and Social Process in United States History. By James Willard Hurst.
The Opinions Of Hughes And Sutherland And The Rights Of The Individual, R. Perry Sentell, Jr.
The Opinions Of Hughes And Sutherland And The Rights Of The Individual, R. Perry Sentell, Jr.
Vanderbilt Law Review
A pair of tasks are undertaken by Mr. Sentell in this article: First, he analyzes and compares the opinions of Justices Sutherland and Hughes on the substantive and procedural rights of individuals, and cites both contemporary and present day comment on these opinions. Second, he probes the more difficult problem concerning the probability of judges of highly dissimilar philosophies and backgrounds reaching consistent agreement in particular areas of the law.
Standing To Assert Constitutional Jus Tertll In The Supreme Court, Robert Allen Sedler
Standing To Assert Constitutional Jus Tertll In The Supreme Court, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Ethical Theory And Legal Philosophy, Stanley D. Rose
Ethical Theory And Legal Philosophy, Stanley D. Rose
Vanderbilt Law Review
Jurisprudence and ethics, the author believes, represent distinct efforts to achieve values in society. However, because of their similar method, bases in fact, and testing by consequences, each has something to give the other. With this in mind, the article examines the work of contemporary writers in ethics, both to determine what exactly are their positions and to see what they might offer the student of jurisprudence.
Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston
Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston
Michigan Law Review
A Review of Political Justice: The Use of Legal Procedure for Political Ends. By Otto Kirchheimer.
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Michigan Law Review
A Review of The Judicial Decision- Toward A Theory of Legal Justification By Richard A. Wasserstrom.
Developments In Judicial Jurisprudence, John M. Finnis
Developments In Judicial Jurisprudence, John M. Finnis
Journal Articles
The purpose of this Comment is to explore briefly the fundamentals of what Prof. H. L. A. Hart has called "the contribution offered by the judges to the jurisprudence of our day", and to indicate in outline the disparity between this contribution and those of the most recent academic writings.
Book Review, Rudolf H. Heimanson
Book Review, Rudolf H. Heimanson
Cleveland State Law Review
Reviewing Richard A. Wasserstrom, The Judicial Decision: Toward a Theory of Legal Justification, Stanford University Press, 1961
Book Review, Rudolf H. Heimanson
Book Review, Rudolf H. Heimanson
Cleveland State Law Review
Reviewing Richard A. Wasserstrom, The Judicial Decision: Toward a Theory of Legal Justification, Stanford University Press, 1961
Nature Of The California Grand Jury: An Evaluation, Mary Emery, Aidan Gough
Nature Of The California Grand Jury: An Evaluation, Mary Emery, Aidan Gough
Faculty Publications
No abstract provided.
Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume
Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume
Michigan Law Review
The Northwest Ordinance of 1787 made provisions for legislation by the territorial government in two stages: (1) adoption of laws by the governor and judges from the laws of the original states, and (2) enactment of statutes by a legislature made up of the governor, a council, and elected representatives. The first method was to be followed until the population should reach 5,000 and the second method thereafter. The present study is limited to the first stage.
Book Review. Wechsler, H., Principles, Politics, And Fundamental Law, Ralph F. Fuchs
Book Review. Wechsler, H., Principles, Politics, And Fundamental Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Criminal Jurisprudence Of Plato's Laws, Martin Birnbach
The Criminal Jurisprudence Of Plato's Laws, Martin Birnbach
Journal of Legal Education
No abstract provided.
Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider
Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider
Michigan Law Review
A Review of The Common Law Tradition- Deciding Appeals. By Karl N. Llewellyn.
Legal Philosophy - Recent Contributions, Neil W. Schilke
Legal Philosophy - Recent Contributions, Neil W. Schilke
William & Mary Law Review
No abstract provided.
Law And History, C. J. Friedrich
Law And History, C. J. Friedrich
Vanderbilt Law Review
Law is frozen history. In an elementary sense, everything we study when we study law is the report of an event in history, and all history consists of such records or reports. It therefore cannot be my task to develop a sermon on the importance of historical records for the understanding of the law; the tie is too intimate and too obvious to need laboring." The work of Professor Maine on 'Ancient Law,'" wrote Professor T. W. Dwight in his Introduction to that book in the sixties of the last century, "is almost the only one in the English language …
Law And Literature: The Contemporary Image Of The Lawyer, Henry B. Cushing, E. F. Roberts
Law And Literature: The Contemporary Image Of The Lawyer, Henry B. Cushing, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
The Next Step: Uniform Rules For The Courts Of Appeals, Milton D. Green
The Next Step: Uniform Rules For The Courts Of Appeals, Milton D. Green
Vanderbilt Law Review
The adoption of the Federal Rules of Civil Procedure in 1938 maybe regarded as one of the great landmarks of procedural reform in the United States. The many innovations and improvements over prior practice which were effected are well known. Not the least of these was the achievement of uniformity of procedure in all of the federal district courts of the United States, replacing the chaotic confusion which had existed under the Conformity Act.' Although the Federal Rules were addressed primarily to practice and procedure in the district courts, they also dealt with certain aspects of appellate practice. This was …
Hickman V. Jencks, Edward W. Cleary
Hickman V. Jencks, Edward W. Cleary
Vanderbilt Law Review
In recent years the Supreme Court of the United States has decided two cases with fundamental impact upon the status of the legal profession in the litigatory process. Although the two cases are intimately related, the opinion in the second did not mention the first, and the two decisions have never really been laid side by side.' It is proposed here to explore their mutual implications.
A Jurisprudence Of Lawyers' Operations, Irvin C. Rutter
A Jurisprudence Of Lawyers' Operations, Irvin C. Rutter
Journal of Legal Education
No abstract provided.
Supreme Court Attitudes Toward Federal Administrative Agencies, Joseph Tanenhaus
Supreme Court Attitudes Toward Federal Administrative Agencies, Joseph Tanenhaus
Vanderbilt Law Review
This article reports for a legal audience an examination by social science methods of the validity of certain hypotheses about the behavior of the United States Supreme Court and of its individual members. In order that this study may be viewed in broader perspective,the first part of the essay surveys the prior uses of social science methods in dealing with the judicial process.
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
Michigan Law Review
An anecdote which I believe I recall from one of Professor Brogan's ·writings concerns a conversation between the archbishop and the chief justice about the relative importance of their respective powers. After the conversation had continued for some time the archbishop sought to administer the coup de grâce. "I have the advantage of you, your lordship, because you see, in the long run, the most you can say to a man is, 'You shall be hanged!' whereas it is within the functions of my office to say, 'You shall be damned!' " To this, after a moment of thought, …
Legal Sanctions, Jerome Hall
The Sociological Jurisprudence Of Roscoe Pound (Part I), James A. Gardner
The Sociological Jurisprudence Of Roscoe Pound (Part I), James A. Gardner
Villanova Law Review (1956 - )
No abstract provided.
Legal Reasoning: The Evolutionary Process Of Law, By William Zelermyer, Susan G. Fonner
Legal Reasoning: The Evolutionary Process Of Law, By William Zelermyer, Susan G. Fonner
Indiana Law Journal
No abstract provided.
The Sociological Jurisprudence Of Roscoe Pound (Part Ii), James A. Gardner
The Sociological Jurisprudence Of Roscoe Pound (Part Ii), James A. Gardner
Villanova Law Review (1956 - )
No abstract provided.
The Supreme Court-October 1959 Term, Bernard Schwartz
The Supreme Court-October 1959 Term, Bernard Schwartz
Michigan Law Review
A country's constitutional law is but a reflection of its political, economic, and social life. Not unnaturally, the external conditions of any particular period are bound to have their effects in the legal sphere as well-especially in the field of public law. This is as true of the United States as it is of other countries. From this point of view, the constitutional jurisprudence of the American Supreme Court is only the juristic mirror of the different stages through which American history has passed. 'Our jurisprudence is distinctive,' said Justice Jackson on the 150th anniversary of the Supreme Court, 'in …
Studies In Legal Philosophy, William R. Andersen
Studies In Legal Philosophy, William R. Andersen
Vanderbilt Law Review
The hazards of planning a symposium in the field of jurisprudence derive largely from the fact that the field is itself ill-defined; the legitimate "province of jurisprudence," to use Austin's phrase, has never been fully agreed upon. A historical approach seemed reasonably satisfactory, however, and what follows is a series of studies of some of the great figures in the history of legal philosophy. Happily, no one of our contributors was satisfied with simple exegesis or even with appraising matters of purely historical importance. Each study is an attempt to deal critically with a facet of its subject which is …
Rudolf Von Jhering, Iredell Jenkins
Rudolf Von Jhering, Iredell Jenkins
Vanderbilt Law Review
It is often the fate of the giants of thought to have their names live on while their doctrines are neglected, and even for their reputations to wax as their influence wanes. Indeed, this happens at some periods to the work that all such men leave behind them; it is esteemed but not appreciated, acknowledged but not cultivated. The precise reasons for this fall into oblivion vary with every individual case, but there is one factor that is common and constant: the prominence within the work of these men of ideas that push inquiry beyond the comfortable limits that are …
Justice, Language And Communication, Julius Stone, G. Tarello
Justice, Language And Communication, Julius Stone, G. Tarello
Vanderbilt Law Review
The present paper has been concerned to stress that jurisprudence, insofar as it is not limited to analytical jurisprudence, dare not overlook the distinctive qualities either of common language, or of the special language of lawyers. For what its authors deny above all is the utility of so defining a field--like the justice-field--which is a segment of common language, in terms of a special language or logical structuring similar to those used by lawyers. Nor do we think that the presence of considerations of justice (and therefore of common language statements) in the process of the operation of law, either …