Law Commons^™

Present Frontiers In Constitutional Law, William T. Coleman Jr.

Villanova Law Review (1956 - )

No abstract provided.

The Development Of The Right Of Assembly: A Current Socio-Legal Investigation, George P. Smith Ii

Scholarly Articles

It will be the purpose of this article to assay the historical evolution of the freedom of assembly, noting first its development in England and later in America and finally its current position in the twentieth century. Even though the rights of free speech, association, and religion are inescapably drawn into case discussions of freedom of assembly, effort will be made to confine the consideration to the pertinent assembly problems. In addition to considering the fundamental legal propositions embodied in this right, as well as its raison d'etre, thought and discussion will be given to the sociological interpretations of the …

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

Villanova Law Review (1956 - )

No abstract provided.

In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh

Villanova Law Review (1956 - )

No abstract provided.

Law Enforcement States Its Views, John Edgar Hoover

Villanova Law Review (1956 - )

No abstract provided.

Landrum-Griffin 1965-1966: A Calculus Of Democratic Values, Theodore J. St. Antoine

Book Chapters

One of the happier ironies of recent labor history can be found in the impetus given union democracy by the Landrum- Griffin Act. At the time the Act was passed, the thinking of disinterested observers had not yet crystallized on the merits of running a union's affairs democratically. It is probably fair to say that the main push in Congress for Landrum-Griffin and, particularly, its Title, "Bill of Rights" came from a conservative coalition which was less concerned with promoting the individual rights of working people than with blunting the effectiveness of labor organizations. There is hardly anything unique in …

Product Identity And Branding Under The Robinson-Patman Act: Is The Ftcs Approach Consistent With Realities Of The Marketplace, Arthur D. Austin

Villanova Law Review (1956 - )

No abstract provided.

Judicial Decision Making And Computers, Allen Harris

Villanova Law Review (1956 - )

No abstract provided.

Film Censorship: The American And British Experience, Robert J. Klein

Villanova Law Review (1956 - )

No abstract provided.

The Anomalous Position Of The Insurance Agent - An Invitation To Schizophrenia, Robert M. Morrison

Villanova Law Review (1956 - )

No abstract provided.

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 …

Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow

Articles

The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …

Daniel Webster As Tocqueville's Lawyer: The Dartmouth College Case Again, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.

Valentine: The Court Of Justice Of The European Communities, Werner Feld

Michigan Law Review

A Review of The Court of Justice of the European Communities 2 vols. By D. G. Valentine

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.

An Examination Of The Cab's Merger Policy, Arthur H. Travers Jr.

Publications

No abstract provided.

Towards A New Hypothesis Of The 'Legio Actio Sacramento In Rem', Alan Watson

Scholarly Works

According to Gaius, the form of the 'legis actio sacramento in rem' was as follows:

A. Hunc ego hominem ex iure quiritium meum esse aio secundum suam causam. Sicut dixi, ecce tibi vindictam imposui. (As he said this he 'festucam imponebat').

B. (Eadem dicebat e faciebat). Praetor. Mittite ambo hominem.

A. Postulo anne dicas qua ex causa vindicaveris.

B. Ius feci, sicut vindictam imposui.

A. Quando tu iniuria vindicavisti, quingenario (or 'quinquagenario') sacramento te provoco.

B. Et ego te.

A & B to the witnesses. Testes estote.

It is, I think, universally accepted first that both parties to the action …

William Sampson And The Codifiers: The Roots Of American Legal Reform, Maxwell Bloomfield

Scholarly Articles

The transition from colony to nation involved difficult readjustments in the thinking and behavioral patterns of the American people, and nowhere were the inherent tensions more evident than in the field of law. Prior to the revolution, Americans had willingly accepted the legal principles and practices of the mother country, although modifying them somewhat to suit the more fluid social and economic environment of the New World. But the achievement of political independence from England soon led to demands that all other ties with the former metropolis be severed as well.

Radical agitators in various states thus urged the complete …

The Doctrine Of Worthier Title In Arkansas, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

There Is A South Of Union And Freedom, Hugo L. Black

Georgia Law Review

The formal dedication of these magnificent buildings and equipment at the University of Georgia Law School is an inspiring event in which my wife and I-both native Alabamians-are particularly happy to participate. There are special reasons for our feelings. The present soil of Alabama was a part of the soil of Georgia when, even before the United States was created, your University was chartered by the Georgia General Assembly in 1785. And my ancestral ties with Georgia are even stronger than that. In April of the year 1835, in Oglethorpe County, Georgia, a few miles from where I now stand, …

The Opinion Volume Vii Number 2 – December 1, 1966, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 1, 1966

The New Analytical Jurists, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

The Comity Doctrine, Hessel E. Yntema

Michigan Law Review

The doctrine of comity, as developed in the Netherlands during the last quarter of the Seventeenth Century, for the first time posed in stark simplicity the basic dilemma of conflicts law in modem times to mediate between the pretensions of territorial sovereignty and the needs of international commerce. As Ulrik Huber, the most influential exponent of the doctrine, observed: "Exempla, quibus utemur, ad juris privati species maxime quidem pertinebunt, sed judicium de illis unice juris publici rationibus constat, & exinde definiri debent.'' ["The examples which we shall use belong principally to the category of private law but their treatment …

The Opinion Volume Vii Number 1 – October 1, 1966, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 1, 1966

Hoosier Justice: The Journal Of David Mcdonald, 1864-1868, Donald O. Dewey

David McDonald (1842-1853)

No abstract provided.

American Legal History: The Hurst Approach, John P. Frank

Journal of Legal Education

No abstract provided.

The Opinion Volume Vi Number 2 – May 1, 1966, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated May 1, 1966

With John Marshall From William And Mary To Dartmouth College, Florian Bartosic

William & Mary Law Review

No abstract provided.

Dr. Bonham's Case And The Modern Significance Of Lord Coke's Influence, George P. Smith, Ii

Washington Law Review

Cognizant of the significant, yet comparatively short-lived, contribution which Lord Edward Coke made to the English society of his day and to the inadvertent, as well as permanent, effect that his theory of fundamental law and judicial review had upon the American revolutionaries and the framers of the Constitution, the scope of this article has been limited primarily to a critical examination of the raison d'etre of the noted Dr. Bonham's Case—or, that case which structured Coke's entire argument for the supremacy of the fundamental law as ensured by judicial review. It is hoped that some idea may be gleaned …

Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson

All Faculty Scholarship

There are certain pillars of jurisprudence which, despite the erosive elements of time and progress, remain sacred. After more than a century of judicial dialogue the venerable M'Naghten Rule survives as the prevailing test to determine criminal responsibility. The rule states: "To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know …