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Articles 61 - 82 of 82
Full-Text Articles in Law
Intellectual Integration, James Boyd White
Intellectual Integration, James Boyd White
Articles
In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …
Judicial Criticism, James Boyd White
Judicial Criticism, James Boyd White
Articles
Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism" our "values" are defined and made actual in most important ways.
How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White
How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White
Articles
My immediate subject in this Comment is section 2.01 of the American Law Institute's proposed Principles of Corporate Governance (Tentative Draft No. 2), which defines in general terms the proper objectives and conduct of a business corporation. My larger subject has to do with the adequacy and inadequacy of various languages in which corporate purposes and limits might be expressed, and especially with the limits of the economic language used in the ALI Draft.
One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon
One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon
Articles
This article describes an innovation in legal education and speculates about its importance and effectiveness as an educational tool. The speculations about its potential use, however, are ones that each legal educator will be able to test individually to determine the effectiveness of this use of microcomputers to improve legal education. The computer software that permits the innovation to be used will be available to interested persons by the time that this article is published.
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
Articles
My subject today is "legal literacy," but to put it that way requires immediate clarification, for that phrase has a wide range of possible meanings with many of which we shall have nothing to do. At one end of its spectrum of significance, for example, "legal literacy" means full competence in legal discourse, both as reader and as writer. This kind of literacy is the object of a professional education, and it requires not only a period of formal schooling but years of practice as well. Indeed, as is also the case with other real languages, the ideal of perfect …
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
Articles
In this article, which both summarizes and updates an extensively footnoted article published last year ("Reformation of Wills on the Ground of Mistake: Change of Direction in American Law?" 130 University of Pennsylvania Law Rmiew 521 (1982)), we report on this new case law and discuss the analytic framework that we think it suggests and requires.
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Articles
Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …
The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm
The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm
Articles
Language is not simple. To pretend otherwise is to mislead. In practice the aspect that is handled most ineptly in written legal materials is the structure. The focus of this article is upon structure and how to improve it. At the outset, let one thing be absolutely clear. In seeking to achieve clarity of expression, those who have no more to recommend than short sentences, simple words, and readability formulas are offering a cracker in circumstances where a full gourmet feast is gleaming in the chef's eye for those with the wit but to ask for the menu. To practice …
Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm
Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm
Articles
Normalized legal drafting is a mode of expressing ideas in statutes, regulations, contracts, and other legal documents in such a way that the syntax that relates the constituent propositions is simplified and standardized. This "normalization" results in documents that are easier to understand in the dual sense that they can be read faster and more accurately than corresponding documents that are not normalized. The query method is a technique for familiarizing learners with normalized drafting and providing practice in some of the easier aspects of doing it.
Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen
Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen
Articles
QUERIES 'N THEORIES provides a parallel to the strong inference approach to scientific method - designing experiments, observing data, and theorizing. The reiter- ated use of the DOT approach (Design, Observe, Theorize) in the problem-solving required by the game mirrors the regular, systematic application of strong inference in some areas of science (e.g., high energy physics and molecular biology) that have moved ahead much more rapidly than others. Moreover, the game embodies and provides practice in two aspects of scientific theorizing and designing which John Platt has pointed out as central to scientific advance: (1) the usefulness of multiple hypotheses …
Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen
Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen
Articles
Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word skill is to be prized.
Direct Judicial Review And The Doctrine Of Ripeness In Administrative Law, Joseph Vining
Direct Judicial Review And The Doctrine Of Ripeness In Administrative Law, Joseph Vining
Articles
There has been recent interest in rationalizing and codifying the opportunities for judicial review of federal administrative determinations outside an enforcement context or special proceedings designated by statute. Abbott Laboratories v. Gardner culminated the development of a strong judicial presumption in favor of such review, founded in general considerations and justified by the broad language of the Administrative Procedure Act (AP A or Act). Since the petitioners in Abbott had theoretical rights to later review of the agency position in enforcement proceedings, the Court called the procedure "pre-enforcement" review. But similar opportunities for immediate and direct review of agency positions …
The Virtues Of Nonsimulation Games, Layman E. Allen, Robert W. Allen, Joan Ross
The Virtues Of Nonsimulation Games, Layman E. Allen, Robert W. Allen, Joan Ross
Articles
The use of games as teaching devices is receiving attention from an increasing number of educators. Data from tests conducted with one such educational game-WFF ’N PROOF strongly indicate that this and similar games are useful, not only in teaching a particular subject (in this case symbolic logic), but also in increasing the general problem-solving ability of the student. WFF ’N PROOF is actually not one game but a series of 21 games of increasing difficulty. The first games in the series are quite simple and can be enjoyed by first graders. The final games are challenging and stimulating even …
Better Organization Of Legal Knowledge, Layman E. Allen, Tomoyuki Ohta
Better Organization Of Legal Knowledge, Layman E. Allen, Tomoyuki Ohta
Articles
The increasing need of legislatures to draft complicated statutes, e.g., the Internal Revenue Code, requires the development of new techniques for defining and communicating complicated policies both accurately and understandably. At present, these complicated statutes are expressed in long, convoluted sentences with frequent uses of exceptions and limitations. Current drafting technique, with its inadequacies, often hinders a comprehensive understanding of the policy being communicated and often fails to communicate the policy accurately. Moreover, with the voluminous increase of legal literature in recent times, legal researchers experience increasing difficulty in attempting to retrieve relevant judicial and administrative interpretations. The authors propose …
A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen
A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen
Articles
An information retrieval system (as distinguished from a document retrieval system) is described for handling statute-oriented legal literature. The Normalized Sentence-Index Matrix (N-SIM) system suggested differs from more traditional retrieval systems for legal literature in three respects: (1) the categories used for classification are normalized versions of sentences from statutes, regulations, treaties, constitutions, case opinions, legal treatises, law review articles, and other documents in legal literature, (2) the classification system is hierarchial and open-ended to evolve with the literature through time, and (3) the organization of the file facilitates some analysis of the literature by computer. A sentence is expressed …
Change In The Meaning Of Consortium, Evans Holbrook
Change In The Meaning Of Consortium, Evans Holbrook
Articles
LAWYERS have long boasted of the flexibility of the common law, of its ability to adapt itself to the needs of changing conditions of society, of its responsiveness to sociological progress. And while eager reformers have often-and with much reason complained that the law is laggard in its response to the needs of the people, yet it is clear that sooner or later the courts generally bring themselves into accord with "what is sanctioned by usage, or held by the prevailing morality or strong and preponderant public 'opinion to be greatly and immediately necessary to the public welfare." This responsiveness …
Legislation In Vague Or General Terms, Ralph W. Aigler
Legislation In Vague Or General Terms, Ralph W. Aigler
Articles
FOR some reason, probably in part the increasing complexity of our life and relationships, but more largely, perhaps, the growing tendency to regulate everybody and everything by positive law, the courts have been called upon with increasing frequency to pass upon the effectiveness of statutes and ordinances phrased in indefinite terms. In a very interesting and valuable paper, Professor Freund has pointed out the weakness and strength, on the one hand, of legislation in general terms, and on the other hand, legislation in which the rule of conduct is attempted to be laid down with precision. His interest apparently lay …
Recovery Of Life Insurance When Insured Died In Military Service, Ralph W. Aigler
Recovery Of Life Insurance When Insured Died In Military Service, Ralph W. Aigler
Articles
A group of very recent cases, representative no doubt of many others pending, involve an interesting and important question as to the construction of military and naval service clauses in life insurance policies. These clauses which have been common in policies, at least in those issued in the last few years, while varying in wording-and these variations may be vitally important,-provide in general that if the insured meets death while engaged in military or naval service the liability of the insurer shall be limited to the premiums paid, unless permission to engage in such service shall have been obtained from …
What Words Create A Power?, John R. Rood
What Words Create A Power?, John R. Rood
Articles
As the right to sell may exist either as a result of ownership, or by virtue of a power without or independent of ownership, it is sometimes a question whether words indicating a right to sell, contained in an instrument granting an estate, are intended to give a power, or are merely descriptive of the rights incident to the estate given. When property is devised without any designation of the estate given, and the devise is followed by words indicating that the devisee is to have the right of absolute disposal in fee, or to sell in fee, it has …
A Definition Of Consideration, John B. Waite
A Definition Of Consideration, John B. Waite
Articles
COMPOSING general statements of law is at best a didactic pursuit rather than a practically useful one, however agreeable an occupation it may be. The particulars of the past are not evaded by statement of their essence, and courts tend to guide their rulings by analogy to specific precedents in preference to rules educed therefrom by however studious laymen. And, on the other hand, the general expressions and definitions, so called, formulated by courts themselves, often hastily and hap-hazardly, which have been followed by other courts, do more to confuse the law, and confute its real precision of statement, than …
Pecote': A Bit Of Legal Archaeology, Joseph H. Drake
Pecote': A Bit Of Legal Archaeology, Joseph H. Drake
Articles
In the case of Pusey v. Pusey, 1 Vern. 273 (1684), the "bil was, that a horn, which time out of mind had gone along with the plaintiff's estate, and was delivered, to his ancestors in ancient times to hold their land by, might be delivered to him; upon which horn was the inscription, viz. pecote this horn to hold huy thy land." The bill was demurred to in that the plaintiff did not by his bill pretend to be entitled to this horn, either as executor or devisee; nor had he in his bill charged it to be an …
Combination Among Physicians To Fix Prices For Professional Services, Harry B. Hutchins
Combination Among Physicians To Fix Prices For Professional Services, Harry B. Hutchins
Articles
The case of Rohlf v. Kasemeer et al., decided by the Supreme Court of Iowa, November 18, 1908, and reported in 118 N. W. Rep., p. 276, although primarily upon the construction of a local statute, involves a question of general interest. The plaintiff therein, who is a physician, together with thirteen others of the same profession, all residing and practicing in the same county, entered into an agreement, combination or understanding, the terms of which are not given, but the object of which was to fix and maintain the fees and charges to be exacted for medical and surgical …