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Full-Text Articles in Law
The Rule Of Law And The Legal Right, Joseph H. Drake
The Rule Of Law And The Legal Right, Joseph H. Drake
Articles
IT IS a common experience with a teacher of law to find in every department of the subject a number of hard knots that have resisted all the efforts of the courts and jurists to split them. These usually take the form of a hopeless contrariety of decisions, or of decisions which are impeccable in their logic but offend against what we usually speak of as a sense of natural justice. It is customary for us to dismiss these with a statement that the majority of decisions or the weight of authority favors the one conclusion or the other, and …
Damage Liability Of Charitable Institutions, Carl Zollman
Damage Liability Of Charitable Institutions, Carl Zollman
Michigan Law Review
The question of the liability of charitable institutions to actions for damages presents great difficulties. This is not due how- -ever to a lack of cases. The question has peculiarly "engaged the attention of the bench and bar of the country. The problem has been scrutinized from every conceivable viewpoint. The arguments for and against have well nigh been exhausted, and little, if anything, new remains to be advanced".' In their opinions the courts have frequently gone back to certain English cases disregarding the points decided but stressing certain dicta which have been uttered by the judges which decided them. …
The Law Of Sales, John Barker Waite
The Law Of Sales, John Barker Waite
Books
I conceive law to be the aggregation of rules which courts of justice feel themselves more or less obligated to follow in deciding controversies. To some extent these rules are formulated and declared by legislative authority. Most of them, however, have been evolved by judges themselves. These latter rules are not always easy to formulate; if they were, there would be no need for real text-books. Even the precise utterances of various judges can not always be accepted as rules. I believe that no judge has power, either practically or theoretically, to bind other judges by any declaration of rule …