Law Commons^™

The Future Of The Common Law Tradition, Alan Watson

Scholarly Works

What, then, can one say about the common law tradition as it will develop in the relatively near future? In terms of the future development of the common law systems, three facts seem certain and decisive. In the first place, there has been, as a matter of observable fact, a great shift in the balance of lawmaking in the common law world from judicial precedent to legislation, which together comprise the two main sources of law. In the second place, there is a deep awareness in the common law countries of a crisis in lawmaking, an awareness that is probably …

Maine's Ancient Law And Legal Theory, Stephen Utz

Faculty Articles and Papers

No abstract provided.

Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

17 pages.

Directions For The Future, Clyde O. Martz

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

11 pages.

Includes the Public Land Law Review Commission's 1970 report, A Program for the Future (7 pages).

Private Use Of The Public Lands – What Is The Appropriate “Fair Market Value”?, Richard L. Stroup

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

44 pages.

Contains a 4-page outline; one page of references (page 6); and 37 pages of appendices arranged in 11 topical areas.

Access To And Across Public Lands, Rebecca Love Kourlis

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

16 pages.

Contains list of references (page 1 of text).

Wilderness And The Public Lands, John D. Leshy

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

18 pages (includes chart).

Flpma, Pria, And The Western Livestock Industry, George Cameron Coggins

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

32 pages.

Contains list of research sources (pages 1-3).

Flpma As It Affects The Mining Industry, William R. Marsh

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

67 pages.

11 pages of text with appendices.

Flpma From The Perspective Of The Bureau Of Land Management, H. Robert Moore

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

14 pages.

State And Local Involvement In Bureau Of Land Management Planning Under The Federal Land Policy Act Of 1976, Tom Glass

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

8 pages.

The Blm Planning Process: Chasing The Rabbit, H. Paul Friesema, Paul J. Culhane

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

11 pages.

Public Land Law: The Development Of Federal Policy, Charles F. Wilkinson

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

19 pages.

Contains annotated list of research sources (pages 2-4).

Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Lawrence J. MacDonnell, David H. Getches and Charles F. Wilkinson.

This important piece of legislation, passed by Congress in 1976 following many years of extensive study and debate, directs the activities of the nation's major land manager--the Bureau of Land Management. The FLPMA conference will bring together a distinguished group of experts to review the law itself, to consider the effectiveness with which it has been implemented, and to discuss the key issues which have arisen under its implementation.

Federal Land Sales And Exchanges, Jon K. Mulford

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

140 pages (includes map).

Includes 27 pages of text, 1 page of references, and 17 appendices.

The Evolution Of Refugee Status In International Law: 1920-1950, James C. Hathaway

Articles

A refugee is usually thought of as a person compelled to flee his State of origin or residence due to political troubles, persecution, famine or natural disaster. The refugee is perceived as an involuntary migrant, a victim of circumstances which force him to seek sanctuary in a foreign country. Since Rome's reception of the fleeing Barbarians, States have opened their doors to many divergent groups corresponding in a general way to this description of what it means to be a refugee. During a period of more than four centuries prior to 1920, there was little concern to delimit the scope …

The Evolution Of Law: The Roman System Of Contracts, Alan Watson

Scholarly Works

I have two aims in producing this paper. First, I wish to contribute to the general understanding of how and why law develops and explain the evolution of some very familiar legal institutions. Second, I wish to add to our knowledge of the history of Roman law, by producing a radically different view of the development of contracts, that is, I believe, both consistent with surviving textual data and plausible with regard to human behavior.

The Seas And International Law: Rules And Rulers, Mark Weston Janis

Faculty Articles and Papers

The recent developments in the law of the sea form only one chapter of a larger story which deals with the development of international law in general. This larger story has to do with the ways in which the rules of international law are perceived and how it is believed the world should be governed. This Article examines the tale of the law of the sea in the 1970's and 1980's in an historical perspective. It is especially important for Americans to remember the record of history. This is so not only because the United States is one of the …

Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick

Law Faculty Research Publications

During the Survey period, the Michigan Supreme Court decided cases involving mutual mistake, the enforceability of a contractual limitation period, and termination of a licensing agreement. The court of appeals considered implied in fact contract theories, interpretation, the parol evidence rule, and claims for exemplary and mental distress damages for breach of contract. In addition, the court of appeals revisited rejection and acceptance under the Uniform Commercial Code, and decided several cases involving medical malpractice arbitration agreements.

Legal Growth Through Evolution: Comment On Puritan Revolution And English Law, William Hamilton Bryson

Law Faculty Publications

Professor Harold Berman has presented the fascinating thesis that a people's religion influences their laws and that the Puritan religious revolution of seventeenth century England introduced Calvinist ideas into Anglo-American jurisprudence. I fully agree with Professor Berman's observations that religious beliefs and a sense of moral obligation to others are some of the motivations of, or at least influences upon, legal growth. Economic aggrandizement is not the only motivation of the human race. Religion has had a direct effect upon social and political institutions.

The Use Of Roman Law In Virginia Courts, William Hamilton Bryson

Law Faculty Publications

By statute, the courts of Virginia are required to decide cases according to the principles of the English common law. However, they are not forbidden to resort to any other legal system where the common law of England is silent. Moreover, when the English courts themselves have no English law on a particular point, they often look to the Roman law in its ancient or its current form for guidance. Therefore, it is not unreasonable for Virginia courts to do likewise, and in the eighteenth and nineteenth centuries, in fact, they did. The purpose of this essay is to consider …

Circumspect Agatis Revisted, David K. Millon

Scholarly Articles

None available.

Ecclesiastical Jurisdiction In Medieval England, David K. Millon

Scholarly Articles

Not available.

Notes Toward An Intimate, Opinionated, And Affectionate History Of The Conference On Critical Legal Studies, John Henry Schlegel

Journal Articles

No abstract provided.

Baltimore's Westminster Cemetery And Westminster Presbyterian Church: A Guide To The Markers And Burials In Westminster Cemetery, 1775-1943, Mary Ellen Hayward, R. Kent Lancaster

Legal History Publications

No abstract provided.

On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish

Faculty Scholarship

No abstract provided.

Patent Arbitration: Past, Present And Future, Thomas G. Field Jr

Law Faculty Scholarship

Most attorneys have heard of arbitration, but few have more than a vague idea of what it is or have any experience with it. Patent attorneys are no exception, and many are no doubt wondering about the implications of §294. It was enacted in August of 1982, and went into effect in February 1983: Why was it needed and passed, and what does it mean?

Miranda: The Case, The Man, And The Players, Yale Kamisar

Reviews

On the eve of America's bicentennial, the American Bar Association told its members of a plan to publish a book about the "milestone events" in 200 years of American legal history, and invited them to vote on the milestones to be included. When the balloting was over, Miranda v. Arizona1 - "the high-water mark" of the Warren Court's revolution in American criminal procedure2 - had received the fourth highest number of votes.3 I venture to say that if members of the general public had been asked to list the "most regrettable" or "most unfortunate" milestones in American legal history, Miranda …

Narf North: Alaska Office Opens, Charles F. Wilkinson

Publications

No abstract provided.

The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller

Publications

No abstract provided.