Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

Full-Text Articles in Law

The Historical And Constitutional Context Of The Proposed Canadian Charter Of Rights And Freedoms, Walter S. Tarnopolsky Jul 1981

The Historical And Constitutional Context Of The Proposed Canadian Charter Of Rights And Freedoms, Walter S. Tarnopolsky

Law and Contemporary Problems

No abstract provided.


Legal Positivism Of John Austin And The Realist Movement In American Jurisprudence, Wilfrid E. Rumble Jun 1981

Legal Positivism Of John Austin And The Realist Movement In American Jurisprudence, Wilfrid E. Rumble

Cornell Law Review

No abstract provided.


Political Frontier Of Jurisprudence: John Chipman Gray On The State, Neil Maccormick Jun 1981

Political Frontier Of Jurisprudence: John Chipman Gray On The State, Neil Maccormick

Cornell Law Review

No abstract provided.


Legal Formalism And Instrumentalism-A Pathological Study, David Lyons Jun 1981

Legal Formalism And Instrumentalism-A Pathological Study, David Lyons

Cornell Law Review

No abstract provided.


Pragmatic Instrumentalism In Twentieth Century American Legal Thought-A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers Jun 1981

Pragmatic Instrumentalism In Twentieth Century American Legal Thought-A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers

Cornell Law Review

No abstract provided.


A History Of Dalhousie Law School, L. E. Rozovsky, F. A. Rozovsky May 1981

A History Of Dalhousie Law School, L. E. Rozovsky, F. A. Rozovsky

Dalhousie Law Journal

As the author is at pains to tell us at the very beginning, this is not an earth-shaking book. Furthermore, Professor Willis states in his preface that the project was started by the late Dean Emeritus Horace Read and thus is the work of two hands; if Willis himself had originated the project, "The book I should like to have written about the Dalhousie Law School would be something very different from this .. ." At that point, the reviewer felt some unease about the task at hand. He need not have worried: the history is a successful and worthwhile …


The Feudal Framework Of English Law, Robert C. Palmer Apr 1981

The Feudal Framework Of English Law, Robert C. Palmer

Michigan Law Review

A Review of The Legal Framework of English Feudalism by S.F.C, Milsom


Social Research And The Use Of Medieval Criminal Records, Edward Powell Mar 1981

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt


Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review Mar 1981

Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review

Michigan Law Review

A Review of Law and Politics: The House of Lords as a Judicial Body, 1800-1976 by Robert Stevens


Popular Justice: A History Of American Criminal Justice, Michigan Law Review Mar 1981

Popular Justice: A History Of American Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Popular Justice: A History of American Criminal Justice by Samuel Walker


The Perils Of Writing An Intellectual History Of Torts, George C. Christie Mar 1981

The Perils Of Writing An Intellectual History Of Torts, George C. Christie

Michigan Law Review

A Review of Tort Law in America: An Intellectual History by G. Edward White


Truth And Interpretation In Legal History, G. Edward White Mar 1981

Truth And Interpretation In Legal History, G. Edward White

Michigan Law Review

The essay consists of four sections. Section I discusses the nature of historical explanation, devoting some attention to the roles of "truth," interpretation, and detachment in historical scholarship. Section II continues that discussion by exploring the meaning and the purpose of what I call "interpretive detachment" in the writing of history. Section III considers the theoretical assumptions of Marxist legal historians from the point of view developed in preceding sections. Section IV, taking into account some issues that remain problematic or troublesome, restates my approach.


On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky Mar 1981

On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky

Michigan Law Review

A Review of The Politics of Justice: Lower Federal Judicial Selection and the Second Party System, 1829-1861 by Kermit L. Hall and Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau


Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review Mar 1981

Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review

Michigan Law Review

A Review of Conscience and Convenience: The Asylum and Its Alternatives in Progressive America by David J. Rothman


A Tale Of Two Laws, Barbara A. Black Mar 1981

A Tale Of Two Laws, Barbara A. Black

Michigan Law Review

A Review of The Rise and Fall of Freedom of Contract by Patrick S. Atiyah


To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review Mar 1981

To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review

Michigan Law Review

A Review of To Set the Law in Motion: The Freedmen's Bureau and the Legal Rights of Blacks, 1865-1868 by Donald G. Nieman


The European Economic Community -- A Profile, Utz P. Toepke Jan 1981

The European Economic Community -- A Profile, Utz P. Toepke

Northwestern Journal of International Law & Business

To enable those readers who may be unfamiliar with the history and structure of the European Economic Community to better understand the articles in this symposium, Dr. Toepke reviews the background, the institutions and the underlying theory of this unique legal phenomenon.


Canadian Merger Policy And Its International Implications, Eric K. Gressman Jan 1981

Canadian Merger Policy And Its International Implications, Eric K. Gressman

Michigan Journal of International Law

The implications of Canadian merger policy are of deep concern to U.S. and other foreign investors who have invested or are considering investing in Canada. U.S. interests own 60 percent of Canada's manufacturing industry. In 1978, approximately 250 mergers in Canada involved a foreign-owned or foreign-controlled buyer (usually U.S.). Therefore, it is not surprising that Canada's merger policy is no less important to the decisions of foreign investors in Canada than the Justice Department's policies are to domestic investors in the United States. At the same time, the Canadian government and public are concerned with their merger policy as a …