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Full-Text Articles in Law

Luther And The Justifiability Of Resistance To Legitimate Authority, Cynthia Grant Bowman Jan 1979

Luther And The Justifiability Of Resistance To Legitimate Authority, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.


Notes On Virginia Civil Procedure, William Hamilton Bryson Jan 1979

Notes On Virginia Civil Procedure, William Hamilton Bryson

Law Faculty Publications

This book is an outline of the introductory course on Virginia civil procedure which the author teaches at University of Richmond. The purpose of this publication is to give the students an introduction to the subject which can be read prior to the classroom discussion. It is a very brief sketch of the subject, but there are references in the footnotes to cases and statutes or to secondary works which give case references. The scope of my course and of this book excludes all federal law, criminal law and habeas corpus, evidence, creditors' rights, and probate proceedings; these matters are …


Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall Jan 1979

Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall

Vanderbilt Law Review

Justice Oliver Wendell Holmes, Jr., once urged historians to study the law because it offered a magic mirror whose reflections divulged fundamental social values.' Holmes' plea on behalf of the utility of legal history has relevance for southerners intrigued by the possibility of their historical distinctiveness. Without a basis of comparison, however, the search for southern exceptionality becomes a quest after the arcane. As C. Vann Woodward observed,southern history ought to tell all Americans, not southerners alone,something about their common pasts. Woodward argued that attaining this goal was entirely feasible, since certain aspects of the southern past, such as slavery …


Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie Jan 1979

Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie

International Law Studies

No abstract provided.


Treaty Of Peace Between The Allied And Associated Powers, Of The One Part, And Germany, Of The Other Part (Versailles, 28 June 1919), Howard S. Levie Jan 1979

Treaty Of Peace Between The Allied And Associated Powers, Of The One Part, And Germany, Of The Other Part (Versailles, 28 June 1919), Howard S. Levie

International Law Studies

No abstract provided.


Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick Of Armies Inthefield (27 July 1929), Howard S. Levie Jan 1979

Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick Of Armies Inthefield (27 July 1929), Howard S. Levie

International Law Studies

No abstract provided.


A Note On The Georgia Contracts Code, Julian B. Mcdonnell Jan 1979

A Note On The Georgia Contracts Code, Julian B. Mcdonnell

Scholarly Works

Among all of these codes, the present Code of Georgia enjoys a distinguished pedigree. It traces its origins and many of its provisions to the original Georgia Code of 1860. The story of that original Georgia Code has been largely lost to history, undoubtedly because it arrived simultaneously with the Civil War. For its time, the Georgia Code of 1860 was a remarkable legal document. Previous codifications in Anglo-American jurisdictions had been limited to reducing statutory materials to systematic written form or establishing new procedural systems. The Georgia Code of 1860 was the first codification of the substantive areas of …


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1978-1979, Extraordinary Session, Kentucky. General Assembly. House Of Representatives. Jan 1979

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1978-1979, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Commission On Evaluation Of Professional Standards Meetings Held, 1977-1979, American Bar Association Jan 1979

Commission On Evaluation Of Professional Standards Meetings Held, 1977-1979, American Bar Association

American Bar Association Historical Documents on Ethics

Dates and locations of meetings of the Special Committee on the Evaluation of Professional Standards


Conditions Of An Armistice Between The Allied And Associated Powers And Germany (Compiegne, 11 November 1918), Howard S. Levie Jan 1979

Conditions Of An Armistice Between The Allied And Associated Powers And Germany (Compiegne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.


China's Changing Constitution , Jerome Alan Cohen Jan 1979

China's Changing Constitution , Jerome Alan Cohen

Northwestern Journal of International Law & Business

In 1978, the People's Republic of China promulgated its third constitution since the communist revolution. In many respects, the new constitution reflects the attitudes andpolicies of Peking's current leadershp. In this article, Professor Cohen analyzes the changes wrought by the new constitution in property relations, restraints on executive power, and the protection of individual liberties by comparing it with its predecessors.


The "Dix-Hill Cartel" For The General Exchange Of Prisoners Of W Arentered Into Between The Union And Confederate Armies (22 July 1862), Howard S. Levie Jan 1979

The "Dix-Hill Cartel" For The General Exchange Of Prisoners Of W Arentered Into Between The Union And Confederate Armies (22 July 1862), Howard S. Levie

International Law Studies

No abstract provided.


Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie Jan 1979

Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.


Treaty Of Peace Between Russia And Esthonia (Tartu, 2 February 1920), Howard S. Levie Jan 1979

Treaty Of Peace Between Russia And Esthonia (Tartu, 2 February 1920), Howard S. Levie

International Law Studies

No abstract provided.


Agreement Between Germany And The Russian Socialist Federal Soviet Republic With Regard To The Mutual Repatriation Of Prisoners Of War And Interned Civilians (Berlin, 19 April1920), Howard S. Levie Jan 1979

Agreement Between Germany And The Russian Socialist Federal Soviet Republic With Regard To The Mutual Repatriation Of Prisoners Of War And Interned Civilians (Berlin, 19 April1920), Howard S. Levie

International Law Studies

No abstract provided.


Rules Of Aerial Warfare Drafted By An International Commission Of Jurists Established By The 1922 Washington Diplomatic Conference On The Limitation Of Armament (The Hague, 19 February 1923), Howard S. Levie Jan 1979

Rules Of Aerial Warfare Drafted By An International Commission Of Jurists Established By The 1922 Washington Diplomatic Conference On The Limitation Of Armament (The Hague, 19 February 1923), Howard S. Levie

International Law Studies

No abstract provided.


Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard Jan 1979

Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard

University of Richmond Law Review

A decade ago Stanley Katz asserted that the eighteenth century American lawyer exhibited "a surprising familiarity with contemporary English law and a high degree of technical competence," and challenged legal historians to reappraise traditional views of the colonial bar. To a great extent this task has been undertaken, but the legal history of early Virginia still languishes. Anxious to rectify this situation, Professor W. Hamilton Bryson of the University of Richmond School of Law has compiled a "census" of law books in early Virginia, hoping to "shed some light on the law which shaped the lawyers who shaped the nation."


Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter Jan 1979

Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter

Research Collection Yong Pung How School Of Law

The war in Vietnam was the source of a great deal of social, political, and legal controversy. The impact of that war on our society was significant and substantial, but most students of the experience would probably not have predicted that the war's events would produce a lawsuit that could have a significant effect on the common law tort of defamation. The intriguing saga of Lt. Colonel Anthony Herbert, however, set the stage for the decision of a case that was almost as important to libel litigants as New York Times Co. v. Sullivan and Gertz v. Robert Welch, Inc.


Federal Courts In The Early Republic: Kentucky 1789-1816 By Mary K. Bonsteel Tachau, Woodford L. Gardner Jr. Jan 1979

Federal Courts In The Early Republic: Kentucky 1789-1816 By Mary K. Bonsteel Tachau, Woodford L. Gardner Jr.

Kentucky Law Journal

No abstract provided.


A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock Jan 1979

A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock

Cardozo Law Review

A personal view of Justice Benjamin N. Cardozo and his approach to the law is perhaps best provided by those who worked under his direct tutelage. Four men who served as law clerks to the Justice during his six year term on the Supreme Court agreed to share their reflections on that experience in this commemorative volume. Joseph Rauh, the Justice's last law clerk, wrote first; his recollections were then circulated among the other three: Melvin Siegel, Ambrose Doskow and Alan M. Stroock. Their responses to Mr. Rauh's memories of the Justice and his judicial style present intriguing contrasts and …


Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund Jan 1979

Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund

Cardozo Law Review

No abstract provided.


Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr. Jan 1979

Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.

Cardozo Law Review

No abstract provided.


Marbury V. Madison, Lord Coke And Dr. Bonham: Relics Of The Past, Guidelines For The Present: Judicial Review In Transition?, George P. Smith Ii Jan 1979

Marbury V. Madison, Lord Coke And Dr. Bonham: Relics Of The Past, Guidelines For The Present: Judicial Review In Transition?, George P. Smith Ii

Scholarly Articles

It will be the purpose of this article to explore the modern significance of Coke's influence as analyzed and interpreted through the famous Bonham's Case and thereby to provide an insight into the development of our own concepts of judicial review, as borrowed from the English, in its original historical-legal perspective and as seen through the decision in Marbury v. Madison and applied modernly in the principal case of Baker v.Carr.


David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield Jan 1979

David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield

Scholarly Articles

In recent years scholars have paid increasing attention to the concept of "republicanism" as a measure of cultural change in America during the late eighteenth and early nineteenth centuries. To the Revolutionary generation republicanism connoted most obviously a representative form of government, based upon popular sovereignty and limited in its powers by a written constitution. But republican ideology encompassed far more than the restructuring of political institutions. It called for a regenerated society as well, in which men should be encouraged to pursue their individual destinies with a minimum of interference from public authorities. Civic morality and self-determination were closely …


The History Of Legal Education In Virginia, William Hamilton Bryson Jan 1979

The History Of Legal Education In Virginia, William Hamilton Bryson

Law Faculty Publications

Many methods of legal education have been used over the years. Each has its strengths and its weaknesses. The study of the past is instructive and useful in showing both the good and bad goals and methods. We must cultivate the good and uproot the bad. This study suggests that there has always been progress, slow but constant improvement. The teaching of law is vital to the administration of justice, a noble cause. The continuing challenge is ever to strive for the improvement thereof.


Comments On The History Of Plea Bargaining, Lynn M. Mather Jan 1979

Comments On The History Of Plea Bargaining, Lynn M. Mather

Journal Articles

No abstract provided.


Commission On Evaluation Of Professional Standards Journal, 12/1978: December 14-16, 1978, American Bar Association Dec 1978

Commission On Evaluation Of Professional Standards Journal, 12/1978: December 14-16, 1978, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the December 14-16, 1978 meeting held in San Francisco, CA.


The Opinion Volume 19 Number 6 – December 7, 1978, The Opinion Dec 1978

The Opinion Volume 19 Number 6 – December 7, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 7, 1978


Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers Dec 1978

Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers

Cornell Law Faculty Publications

The late Lon L. Fuller played an influential role in the development of American jurisprudence, but his views have not always prevailed. In this tribute to the memory of Professor Fuller, Professor Summers outlines the major tenets of what he perceives to be our dominant philosophy of law – “pragmatic instrumentalism” – by way of contrasting that philosophy with the views of Professor Fuller. Professor Summers concludes that these two philosophies differ in many important respects and that our dominant philosophy of law should accommodate, and may indeed already be in the process of accommodating, the thought of Professor Fuller.


Fornication, Cohabitation, And The Constitution, Michigan Law Review Dec 1978

Fornication, Cohabitation, And The Constitution, Michigan Law Review

Michigan Law Review

This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …