Law Commons^™

American Legal Realism In Retrospect, Hessel E. Yntema

Vanderbilt Law Review

The ultimate question posed by the realistic movement in American jurisprudence is whether the practical conception of legal study and instruction as projected by legal realism, is really practical. There are two considerations among others which suggest that it is not, whether for training or research. The first is that the volume of existent law of any modern industrialized state is too vast and complicated for the human mind to master in all its technical detail and specialization during the brief time allotted. The second is that, even if this were possible, since the legal materials of the time and …

Gustav Radbruch, Wolfgang Friedmann

Vanderbilt Law Review

As recently as the end of the last World War the name and work of Gustav Radbruch were virtually unknown in the Anglo-American legal world. In 1938 Roscoe Pound, in his encyclopedic survey, "Fifty Years of Jurisprudence," had given a concise account of Radbruch's legal philosophy in the context of his section on "neo-idealism." In 1944 Anton Hermann Chroust wrote a penetrating analysis of Radbruch's philosophy of law, and about the same time the first edition of the present writer's Legal Theory, published on the other side of the Atlantic, included Gustav Radbruch in the survey of major legal philosophers. …

Book Reviews, Edgar Bodenheimer, Robert S. Lancaster, Stanley D. Rose, Lloyd B. Urdahl

Vanderbilt Law Review

The Great Legal Philosophers: Selected Readings in Jurisprudence Edited by Clarence Morris. Philadelphia: University of Pennsylvania Press 1959. Pp. 571. $10.00.

reviewer: Edgar Bodenheimer

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Law as Large as Life: A Natural Law for Today and the Supreme Court as its Prophet By Charles P. Curtis. New York: Simon & Schuster. 1959. $3.50.

reviewer: Robert S. Lancaster

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Cases and Materials on Juriprudence By John C. H. Wu. St.Paul: West Publishing Co. 1960. Pp. xliii, 719. $12.00.

reviewer: Stanley D. Rose

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The Law and Legal Theory of the Greeks: An Introduction By J.Walter Jones. New York: Oxford University Press, …

Nietzsche, Thomas A. Cowan

Vanderbilt Law Review

I find that the attempt to assess Nietzsche's value to contemporary jurisprudence is fraught with extreme difficulty. Not only was Nietzsche perhaps the most controversial figure in the history of ideas:' this might have happened to one whose message was simple.But in Nietzsche's case the ideas themselves are highly controversial, paradoxical and even "immoral." Like every great thinker Nietzsche was more provocative to his enemies than to his friends. His enemies took their revenge by burying him under a deluge of refutation and abuse. Apparently Nietzsche was guilty of what might be called the crime of "universal treason." He gave …

Federal Procedure- Habeas Corpus-Custody As A Prerequisite For Jurisdiction, William C. Griffith

Michigan Law Review

Having exhausted his state remedies in seeking a reversal of a 1954 conviction for forgery, petitioner applied in May 1956 for a writ of habeas corpus in a federal district court alleging, inter alia, that his conviction without benefit of counsel was a denial of due process under the fourteenth amendment. After dismissal by that court and affirmance by the court of appeals, the Supreme Court granted certiorari in March 1959. Pending a decision, petitioner completed his sentence and was released from prison. In a per curiam opinion, held, dismissed, four Justices dissenting. In a habeas corpus proceeding …

Equity -- 1960 Tennessee Survey, T. A. Smedley

Vanderbilt Law Review

While no decisions involving momentous developments in equity jurisprudence have been handed down during the past year, the Tennessee Chancery Courts have on several occasions demonstrated a tendency to free themselves from artificial restrictions on the operation of traditional equitable remedies. Illustrating this inclination are cases which resulted in decrees removing a cloud on title, granting partial specific performance of a land sale contract, awarding punitive damages, and granting injunctive relief against a county's perpetration of a nuisance. Another series of cases contributed some clarifying rulings regarding the scope of the right to jury trial in chancery proceedings.

Elementary Semantics: Criticisms Of Realism And Experimental Jurisprudence, Frederick K. Beutel

Journal of Legal Education

No abstract provided.

In Quest Of Freedom: American Political Thought And Practice, By Alpheus T. Mason And Richard H. Leach; The Supreme Court In A Free Society, By Alpheus T. Mason And William M. Beaney, Charles S. Hyneman

Indiana Law Journal

No abstract provided.

Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite

Michigan Law Review

The "numbers game" is today the most profitable of the wide-spread gambling rackets. And like all organized gambling it is a focal source and the financial support of far more serious crimes. At the same time it is one of the most difficult forms of crime for the police to control. It needs no costly installations which the police can confiscate or destroy. Unlike "house" gambling it cannot practically be harassed out of business. It can be operated by one man alone, if he survives failure to pay off for lack of capital; or by a syndicate with capital enough …

On Law And Justice, By Alf Ross, Samuel I. Shuman

Indiana Law Journal

No abstract provided.

Book Reviews, O. Kahn-Freund, Saul Medlovitz, Charles D. Kelso, J. Francis Paschal, Thomas A. Cowan, Lowell Turrentine, Richard S. Sullivan, G. Robert Ellegaard, Richard Arens, Ilmar Tammelo, J. Myron Jacobstein, Paul O. Proehl

Journal of Legal Education

No abstract provided.

The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig

Michigan Law Review

The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.

The School Of Law Observes Its Centennial Year: Harvard's Dean Pound Delivers Lectures, Roscoe Pound

Other Lectures and Presentations

Dean Emeritus Roscoe Pound of the Law School of Harvard University came to the Georgia campus in early February and delivered a series of three lectures. Dean Pound, now in his ninetieth year, is the outstanding legal scholar in America and perhaps in the world. His visit was the highlight of the Centennial of the University of Georgia School of Law. The lectures had to do with the science of law, a subject to which he has devoted seventy years as a lawyer, supreme court justice, author, and law teacher.

Law Finding Through Experience and Reason, Three Lectures (University of …

International Judicial Assistance And Utah Practice, Gordon A. Christenson

Faculty Articles and Other Publications

This article will undertake to consider the present framework of Utah procedural law in relation to international judicial assistance. It will endeavor to suggest methods of handling problems of personal service, evidence, and proof of foreign law and will seek to point out some dangers along the way.

The Judicial Process, Lee E. Skeel

Cleveland State Law Review

The judicial process is that technique by which coherent direction of thought on the basic principles of social rights and duties is made available for judicial officers. It is the duty of such officers diligently to seek out the rules which must be used as the bases of judgment. The sources from which they must seek help are as wide and varied as the sum total of past and present human experience.

Book Review, Theodore Samore

Cleveland State Law Review

Reviewing F.S.C. Northrop, The Complexity of Legal and Ethical Experience; Studies in the Method of Normative Subjects, Little, Brown & Co., 1959

The Straw Man Of Legal Positivism, Thomas F. Broden

Journal Articles

The typical view of many lawyers, philosophers, theologians and other thoughtful persons toward a so-called school of jurisprudence generally known as legal positivism is one of condemnation. According to this typical view legal positivism is a well developed philosophy of law the main tenets of which are that might makes right and that law and state sovereignty are absolute and not subject to independent moral evaluation. Needless to say this assumed jurisprudential view is roundly indicted, deplored and declaimed against with vigor and venom. We are warned that legal positivists are insidious termites threatening the very foundation of our law, …

Natural Law And Legal Positivism, R. D. Lumb

Journal of Legal Education

No abstract provided.

Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.

Michigan Law Review

During its forty-five year life the Federal Trade Commission has gone through some difficult periods to emerge today as one of the fundamental instrumentalities of government in the regulation of business. Its vast powers and influence, well known to lawyers, will not be explored here. Rather, the purpose of this comment is to appraise the extent of control which the judiciary now exercises over the commission in its adjudicative functions, so as to offer some indication to the practitioner of the probabilities regarding the outcome of judicial review on an appeal beyond the full commission. The approach to be used …

Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, By Frederick K. Beutel, Saul Mendlovitz

Indiana Law Journal

No abstract provided.

Studies In Jurisprudence And Criminal Theory. By Jerome Hall., John E. Dunsford

Buffalo Law Review

No abstract provided.

"Overruling" Opinions In The Supreme Court, Albert P. Blaustein, Andrew H. Field

Michigan Law Review

Despite its vaunted reputation for rectitude, the United States Supreme Court has been the first to deny its own judicial infallibility. For in at least ninety decisions, dating as far back as 1810 and as recent as its 1956 Term, the Supreme Court has made public confession of error by overruling its previous determinations.

This is a study of those ninety decisions-a statistical accounting of overruling cases and cases overruled, and a listing of the judges who agreed and disagreed with what was said and done. And this is a study of the "right to be wrong" -an inquiry into …

Federal Procedure - Judgments - Finality Of Judgment Required To Begin Running Of Time For Appeal, Arnold Henson S.Ed.

Michigan Law Review

Plaintiff brought action in a federal district court to recover taxes alleged to have been illegally assessed, and for interest thereon. On April 14, 1955, after hearing plaintiff's motion for summary judgment, the district judge filed an opinion stating that the motion was granted, and finding the amount of the taxes paid, but not finding the date of payment or the amount of interest due. The clerk noted: "April 14, 1955 ... Decision rendered on motion for summary judgment. Motion granted. See opinion on file." On May 24, 1955, plaintiff submitted a formal judgment which was signed and filed by …

Studies In Jurisprudence: V, Free Man Versus His Government, Edited By Arthur L. Harding, Ivan C. Rutledge

Indiana Law Journal

No abstract provided.

Jerome Frank's Contributions To The Philosophy Of American Legal Realism, Julius Paul

Vanderbilt Law Review

Justice Holmes' famous statement that "the life of the law has not been logic: it has been experience' has had a profound effect on contemporary American jurisprudence. Holmes' monumental influence, together with the impact of positivism, American pragmatism,and more recently, psychoanalysis, have all played important roles in shaping the development of the school of American legal realism.

One of the most controversial and provocative members of this school was Jerome Frank, who was not only a prolific writer on matters legal, but also an eminent corporation lawyer, a government counsel, an administrator (a Commissioner and later Chairman of the Securities …

Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.

Michigan Law Review

In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions.

Reason And Reality In Jurisprudence, Jerome Hall

Buffalo Law Review

The James McCormick Mitchell Lectures, delivered at the University of Buffalo School of Law, March 31-April 2, 1958.

Appellate Review By Extraordinary Writ In Indiana

Indiana Law Journal

No abstract provided.

New Ideas In Legislation: Practical Jurisprudence, Moot Legislature, Law Revision Committee, Charles D. Kelso

Journal of Legal Education

No abstract provided.

New Frontiers In Jurisprudence In Canada, Edward Mcwhinney

Journal of Legal Education

No abstract provided.