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Full-Text Articles in Law

Morality, Slavery And The Jurists In The Later Roman Republic, Alan Watson Feb 1968

Morality, Slavery And The Jurists In The Later Roman Republic, Alan Watson

Scholarly Works

The problem I wish to discuss is the moral attitude of the later Republican jurists to slavery. The prominent jurists of the time belong to the upper classes and, although it would be wrong to generalize from the jurists to other members of the aristocracy, we shall have a certain glimpse into the social attitudes of the period if we can gain a reasonably clear picture from the jurists. I will deal only with juristic discussion, and not with the statutes and edicts which concern slavery. No doubt the jurists would play a part in shaping these, but public political ...


The American Doctrine Of Sovereign Immunity: An Historical Analysis, Daniel T. Murphy Jan 1968

The American Doctrine Of Sovereign Immunity: An Historical Analysis, Daniel T. Murphy

Law Faculty Publications

Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immunity, The Schooner Exchange v. M cFaddon, is still repeatedly referred to in judicial opinions. Significantly, it is cited not for purposes of distinction or historical perspective, but rather, is employed as a present underpinning for sovereign immunity, even though the political and social circumstances of today differ considerably from those existing in 1812.

Subsequent cases, however, while often justifying the conclusions reached by references to Marshall's discussion in The Schooner Exchange, have intertwined into the concept of sovereign immunity notions distinct from ...


Learned Hand's Contribution To The Law Of Tax Avoidance, Marvin A. Chirelstein Jan 1968

Learned Hand's Contribution To The Law Of Tax Avoidance, Marvin A. Chirelstein

Faculty Scholarship Series

The extent to which taxpayers are free to minimize their tax obligations
by choosing one legal form rather than another as the vehicle for a
transaction or relationship has preoccupied lawyers and administrators
since the inception of the federal income tax. There is a common
awareness among practitioners that different legal procedures will
often lead to different tax consequences, although in economic terms
the end results are essentially the same. In selecting the form in which
a proposed business transaction shall be cast, therefore, it is said to
be vital for the tax planner to consider and evaluate "all of ...


Weather Modification: Law And Administration, James N. Corbridge, Jr., Raphael J. Moses Jan 1968

Weather Modification: Law And Administration, James N. Corbridge, Jr., Raphael J. Moses

Articles

No abstract provided.


Interlocks In Corporate Management And The Antitrust Laws, Arthur H. Travers, Jr. Jan 1968

Interlocks In Corporate Management And The Antitrust Laws, Arthur H. Travers, Jr.

Articles

No abstract provided.


Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright Jan 1968

Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright

Faculty Scholarship

No abstract provided.


Religious Freedom And The Church-State Relationship In Maryland, Kenneth Lasson Jan 1968

Religious Freedom And The Church-State Relationship In Maryland, Kenneth Lasson

All Faculty Scholarship

Maryland holds the unique and admirable distinction of having been the State whose early history most directly ensured, and whose citizenry was most directly affected by, the first amendment's grant of religious liberty. The Supreme Court's docket is still liberally sprinkled with petitions calling for renewed interpretation of the establishment clause, and Marylanders will soon vote upon a proposed new state constitution with a similar provision - hence, the opportuneness for tracing Maryland's contribution to the cause of toleration and to the principle of church-state separation.

The scope of this article will not extend beyond a sketch of ...


Law Vs. Politics: The Self-Image Of The American Bar, Maxwell Bloomfield Jan 1968

Law Vs. Politics: The Self-Image Of The American Bar, Maxwell Bloomfield

Scholarly Articles

The advent of Jacksonian democracy in American politics coincided with a vigorous leveling movement in American law. In one sense the latter crusade was nothing new: hostility toward the elitism of the legal fraternity had been rife since the days of the Revolution. But whereas earlier critics had worked to simplify the content of the law, reformers in the 1830's and 1840's attacked the problem from a different angle. Eschewing substantive changes, they sought instead to bring the administrators of the law under more direct popular control. Their program embraced a wide range of legislative measures in which ...