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Articles 961 - 990 of 990
Full-Text Articles in Law
Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin
Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin
Buffalo Law Review
Paper prepared for the II Congreso interamericano de derecho romano of the Seminario de derecho romano de la facultad de derecho de la Universitad nacional autónoma de México, July 17-21, 1972, in coordination with, the Associación interamericana de derecho romano, with seat at the Universidad de Paraiba, Joao Pessoa, Brasil.
Punishment For Negligence: A Reply To Professor Hall, James B. Brady
Punishment For Negligence: A Reply To Professor Hall, James B. Brady
Buffalo Law Review
No abstract provided.
Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo
Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo
Buffalo Law Review
No abstract provided.
Justice In The 20th Century, Jerome Hall
Justice In The 20th Century, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Some Speculation About Artificial Intelligence And Legal Reasoning, Bruce G. Buchanan, Thomas E. Headrick
Some Speculation About Artificial Intelligence And Legal Reasoning, Bruce G. Buchanan, Thomas E. Headrick
Journal Articles
No abstract provided.
An Address: The Constitution And The Dilemma Of Historicism, Roger S. Ruffin
An Address: The Constitution And The Dilemma Of Historicism, Roger S. Ruffin
San Diego Law Review
In thinking about the Constitution, we should keep in mind the commonplaces that lace our thinking. We must keep them in sight at both levels: content and character, commonplace and commonplaceness–else their importance may escape us. Maitland’s view that "the history of law must be a history of ideas" is one such commonplace. Another was noticed by Edward Corwin: the "commonplace that every age has its own peculiar categories of thought; its speculations are carried on in a vocabulary which those who would be understood by it must adopt . . . ." These are tow of the commonplaces of …
Parent-Child Immunity: The Case For Abolition, Christine V. Pate
Parent-Child Immunity: The Case For Abolition, Christine V. Pate
San Diego Law Review
"However repugnant it may seem that a minor child should sue his own father, it is equally repugnant that a child injured by his parent's negligence, perhaps maimed for life should have no redress for the injury he has suffered." This anomaly exists today in the majority of jurisdictions which recognize the parent-child immunity. The origins of this rule, its exceptions and its present status nationwide and in California reflect a judicial determination not to interfere with the basic unit of our society, the family.
Bleak House 1968: A Report On Consumer Test Litigation, Philip G. Schrag
Bleak House 1968: A Report On Consumer Test Litigation, Philip G. Schrag
Georgetown Law Faculty Publications and Other Works
The author presents the practical problems of consumer test-case litigation. Writing in an informal, anecdotal style, he addresses himself to law students, telling them of the many obstacles they will face in this type of practice. The author relates the innumerable and exasperating delaying tactics employed by his adversaries in several cases now being litigated. Looking beyond the theoretical efficacy of test-case litigation as a solution to the morass of consumers' grievances, the author's experiences suggest the need for basic reform of state procedure in order to permit more speedy resolution of the issues raised by such litigation.
Criminal Law At The International Border, Josph A. Milchen
Criminal Law At The International Border, Josph A. Milchen
San Diego Law Review
[G]eographical considerations are set forth to indicate the potential scope of legal problems that might arise at an international border. The mere length of the border permits imaginative speculation regarding possible violations of customs laws. Although some aspects of the law applicable at the international border are well settled, neither legislative insight nor fertile imagination nor past experience provide sufficient perception to cover the myriad situations that can arise at the border. Furthermore, new developments in related fields must be examined insofar as the border-crossing situation may affect or be affected by them. As a result, there ate the following …
The Neo-Positivist Concept Of International Law, Anthony D'Amato
The Neo-Positivist Concept Of International Law, Anthony D'Amato
Faculty Working Papers
The question "Is international law really law?" has not proved troublesome, according to Hart, because "a trivial question about the meaning of words has been mistaken for a serious question about the nature of things." Hart defends international law in Bentham's terms as "sufficiently analogous" to municipal law. It is important to see in what way this analogy is viewed by Hart in order to determine whether the reasoning he offers is too high a price to pay for accepting a neo-positivist into the circle of those who hold that international law is really law.
Double Jeopardy V. Double Punishment--Confusion In California, Michael J. Bruce
Double Jeopardy V. Double Punishment--Confusion In California, Michael J. Bruce
San Diego Law Review
This Article proposes to clarify this area of criminal practice. California Penal Code § 1023, prohibiting multiple prosecutions, and California Penal Code § 654, prohibiting multiple punishment for the same act or omission, are often misapplied by the California criminal courts. California Penal Code § 1023 sets down two tests to determine whether jeopardy has attached: the "identity of the offense" test and the "necessarily included offense" test. California Penal Code § 654 proscribes double punishment using concurrent sentencing, and prevents double jeopardy using not only the "necessarily included offense" test from § 1023, but also a broader "indivisible transaction" …
Address By Secretary Of Labor W. Willard Wirtz, W. Willard Wirtz
Address By Secretary Of Labor W. Willard Wirtz, W. Willard Wirtz
San Diego Law Review
The address was delivered by Mr. Wirtz at the annual meeting of the Association of American Law Schools held in Los Angeles on December 29, 1963. Because they were addressed to the particular group assembled and depended for their meaning upon circumstances existing at the time, certain introductory comments have been deleted.
California Narcotic Rehabilitation: De Facto Prison For Addicts, John L. Roche, James C. Rothwell
California Narcotic Rehabilitation: De Facto Prison For Addicts, John L. Roche, James C. Rothwell
San Diego Law Review
This note discusses the history and status of California's statutory plans for coping with the narcotic addiction problem.
Felony-Murder - Surviving Co-Felons Are Punishable For First Degree Murder Under California Penal Code Section 189 For The Killing Of A Confederate By The Owner Of The Store Which They Were Robbing (People V. Hand, Cal. 1963), Robert C. Baxley
San Diego Law Review
In the process of executing a planned robbery of a store, one of four robbers was killed by the owner. The store had been previously robbed and the owner was waiting for such a recurrence. Held, on demurrer to the indictment, the surviving felons were punishable for first degree murder because the legislature intended this fact situation to be within the purview of section 189 and because of a strong public policy as a deterrent to violent felonies. People v. Hand, Crim. No. 5471, Super. Ct., San Diego (July 22, 1963).
An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz
An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz
All Faculty Scholarship
No abstract provided.
Prematurity And Obiter Dictum In Indian Judicial Thought, William D. Popkin
Prematurity And Obiter Dictum In Indian Judicial Thought, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
All Faculty Scholarship
No abstract provided.
Philosophy Of Law. Eighth Edition, 1952. By Giorgio Del Vecchio. General Principles Of Law. By Giorgio Del Vecchio., Arthur Lenhoff
Philosophy Of Law. Eighth Edition, 1952. By Giorgio Del Vecchio. General Principles Of Law. By Giorgio Del Vecchio., Arthur Lenhoff
Buffalo Law Review
No abstract provided.
Reason And Reality In Jurisprudence, Jerome Hall
Reason And Reality In Jurisprudence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Sutherland, A. E., The Law And One Man Among Many, Kenneth B. Hughes
Book Review. Sutherland, A. E., The Law And One Man Among Many, Kenneth B. Hughes
Articles by Maurer Faculty
No abstract provided.
Book Review. Law And Morality By Leon Petrazycki, Wencelas J. Wagner
Book Review. Law And Morality By Leon Petrazycki, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Codification Of Law In Europe And The Codification Movement In The Middle Of The Nineteenth Century In The United States, Wencelas J. Wagner
Codification Of Law In Europe And The Codification Movement In The Middle Of The Nineteenth Century In The United States, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Book Review. Cairns, H., The Theory Of Legal Science, Jerome Hall
Book Review. Cairns, H., The Theory Of Legal Science, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Haines, C. G., The Revival Of Natural Law Concepts, Fowler Vincent Harper
Book Review. Haines, C. G., The Revival Of Natural Law Concepts, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
Book Review. Dowdall, H. C., Estatification And Dowdall, H. C., The Word "State", Fowler Vincent Harper
Book Review. Dowdall, H. C., Estatification And Dowdall, H. C., The Word "State", Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
Law In Action And Social Theory, Fowler Vincent Harper
Law In Action And Social Theory, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
Liberty, Robert C. Brown
Book Review. The Paradoxes Of Legal Science By Benjamin N. Cardozo, Fowler V. Harper
Book Review. The Paradoxes Of Legal Science By Benjamin N. Cardozo, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Scientific Method In The Application Of Law, Fowler V. Harper
Scientific Method In The Application Of Law, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Natural Law In American Constitutional Theory, Fowler V. Harper
Natural Law In American Constitutional Theory, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.