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Articles 2011 - 2040 of 2061
Full-Text Articles in Law
Maynard E. Pirsig: Idealism In The Service Of Judicial Administration, Charles W. Wolfram
Maynard E. Pirsig: Idealism In The Service Of Judicial Administration, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Notes From A Study Of The Caseload Of The Minnesota Supreme Court: Some Comments And Statistics On Pressures And Responses, Charles W. Wolfram
Notes From A Study Of The Caseload Of The Minnesota Supreme Court: Some Comments And Statistics On Pressures And Responses, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
A Defense Of The Use Of The Hypothetical Case To Resolve The Causation Issue--The Need For An Expanded, Rather Than A Contracted, Analysis, James A. Henderson Jr.
A Defense Of The Use Of The Hypothetical Case To Resolve The Causation Issue--The Need For An Expanded, Rather Than A Contracted, Analysis, James A. Henderson Jr.
Cornell Law Faculty Publications
Professor Henderson suggests that a place still exists in the law of torts for using the "hypothetical case" as a limit on the scope of liability. In making this suggestion, he disagrees with Professor E. Wayne Thode's argument in 46 Texas L. Rev. 423 (1968) that "duty" should be the sole repository of liability-limiting policy decisions in negligence cases. Professor Henderson proposes the creation of a new causation issue--cause in fact of harm to the plaintiff--that earlier defenders of causation-as-a-policy-issue seem to have overlooked.
Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi
Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton
Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton
Cornell Law Faculty Publications
What are the consequences of the application of legal sanctions? How can these consequences be determined? This Article attempts to explore these questions in the limited field of highway safety, examining the available evidence and indicating areas where further investigation is essential. Although conclusions with respect to the general deterrent effect of traffic laws do not emerge, the parameters of the problem are defined and plausible hypotheses suggested.
The Problem Of The Drinking Driver, Roger C. Cramton
The Problem Of The Drinking Driver, Roger C. Cramton
Cornell Law Faculty Publications
Everyone talks about the drinking driver, and everyone thinks he knows what to do about him. But, Professor Cramton says, the scientifically reliable knowledge we now are acquiring indicates that our legal approaches of deterrence and punishment fail to strike at the heart of the problem and are ineffective. He offers some suggestions for a new course.
From Common Law Logic-Chopper To Land-Use Planner: Eulogy For The Lawyer As Social Engineer, E. F. Roberts
From Common Law Logic-Chopper To Land-Use Planner: Eulogy For The Lawyer As Social Engineer, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
"Good Faith" In General Contract Law And The Sales Provisions Of The Uniform Commercial Code, Robert S. Summers
"Good Faith" In General Contract Law And The Sales Provisions Of The Uniform Commercial Code, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
A Eulogy For The Old Property, E. F. Roberts
A Eulogy For The Old Property, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Mistake And Fraud In Wills--Part Ii: A Suggested Statutory Departure, James A. Henderson Jr.
Mistake And Fraud In Wills--Part Ii: A Suggested Statutory Departure, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts
The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts
Cornell Law Faculty Publications
The author points up the decline of caveat emptor as a viable doctrine governing the sale of new homes and analyzes the emergence of implied warranty as a remedy for both structural deficiencies and personal injuries. He argues that the concept of implied warranty tends to obfuscate real distinctions between the builder-vendor’s responsibility for the material integrity of a new home and for personal injuries occasioned by defects therein, concluding that legislation is needed to reestablish a system of order in the law.
Mistake And Fraud In Wills--Part I: A Comparative Analysis Of Existing Law, James A. Henderson Jr.
Mistake And Fraud In Wills--Part I: A Comparative Analysis Of Existing Law, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Preliminary Notes Toward A Study Of Judicial Notice, E. F. Roberts
Preliminary Notes Toward A Study Of Judicial Notice, E. F. Roberts
Cornell Law Faculty Publications
The author describes the common law as a "machine," with judges and lawyers as its working parts. He explains that its successful operation requires a kind of "intellectual adrenalin" in order to keep it responsive to its changing environment. This is the function of judicial notice. The author next examines the different views of judicial notice and points out that each is a reflection of the era in which it was created. He concludes that judicial notice is not a distinct doctrine like the hearsay rule, but rather is simply the art of thinking as practiced within the legal system.
The New Analytical Jurists, Robert S. Summers
The New Analytical Jurists, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii
The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii
Cornell Law Faculty Publications
The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before the Court entered …
Natural Law Demythologized: A Functional Theory Of Norms For A Revolutionary Epoch, E. F. Roberts
Natural Law Demythologized: A Functional Theory Of Norms For A Revolutionary Epoch, E. F. Roberts
Cornell Law Faculty Publications
Jurisprudence can afford us some insight into whether a particular system is functioning effectively. To do this jurisprudes must extrapolate the aims of the society and then evaluate how effectively its legal system functions to structure social activity so that those aims are realized in an orderly fashion. Jurisprudence is seen, therefore, to be a form of time and motion study on a grand scale. Judgments about the ultimate worth of a given society’s aims are excluded from jurisprudence, however, on the ground that such emotionally charged and ethically relative conclusions cannot be proved by any empirically verifiable scale of …
A Report On Judicial Ethics, Gray Thoron
A Report On Judicial Ethics, Gray Thoron
Cornell Law Faculty Publications
While the ethics of the American judiciary cover a broad spectrum, both good and bad, the general over-all level of judicial ethical performance is relatively high. Most judges are honest and honorable. Where dissatisfaction is apparent, it is far more frequently directed at judicial competence than at judicial integrity and ethics. Corruption, dishonesty, susceptibility to political pressure, and other ethical lapses are, however, not unknown, and on very rare occasions have been extremely bad. The ethical obligations of the judiciary extend far beyond the basic essentials of honesty, impartiality, and fairness. Judges must not only avoid evil or wrongdoing, but …
Some Modest Suggestions For Improving Public Utility Rate Proceedings, Roger C. Cramton
Some Modest Suggestions For Improving Public Utility Rate Proceedings, Roger C. Cramton
Cornell Law Faculty Publications
The agencies regulating public utilities are under attack as ineffective and inefficient. Professor Cramton here discusses the procedural impediments to efficient and coherent regulation on both the state and federal levels. To improve administrative procedure in this area, Professor Cramton recommends retention of the adversary form of rate proceedings as a useful truth testing device, wider use of hearing examiners, adoption of a system of written presentation of evidence, and placing greater personal decisional responsibility on agency heads.
A Brief Rejoinder To Professor Mullock, Robert S. Summers
A Brief Rejoinder To Professor Mullock, Robert S. Summers
Cornell Law Faculty Publications
Mullock on Summers on Hart is bad enough, but Summers on Mullock on Summers on Hart is worse. Fortunately or unfortunately, there is no rule (primary or secondary) entitling either of us to vouch Professor Hart into the proceedings. With all due respect to Professor Mullock (and to me, of course), I fear the two of us may be compounding erroneous interpretations of Professor Hart’s work. Sans Hart, I shall exercise admirable restraint and argue over the meaning of the scripture. Regrettably, Professor Mullock and I are both defenders of the faith; I had hoped to draw the fire of …
The Doctrine Of Exhaustion Of Administrative Remedies In Michigan, Roger C. Cramton
The Doctrine Of Exhaustion Of Administrative Remedies In Michigan, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Negligence: Blackstone To Shaw To? An Intellectual Escapade In A Tory Vein, E. F. Roberts
Negligence: Blackstone To Shaw To? An Intellectual Escapade In A Tory Vein, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton
The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
The Effectiveness Of Economic Regulation: A Legal View, Roger C. Cramton
The Effectiveness Of Economic Regulation: A Legal View, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts
A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Administrative Procedure Reform: The Effects Of S. 1663 On The Conduct Of Federal Rate Proceedings, Roger C. Cramton
Administrative Procedure Reform: The Effects Of S. 1663 On The Conduct Of Federal Rate Proceedings, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Security Interests In A Retail Merchant's Inventory: California Amends The Uniform Commercial Code, Robert S. Summers
Security Interests In A Retail Merchant's Inventory: California Amends The Uniform Commercial Code, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Title Insurance: State Regulation And The Public Perspective, E. F. Roberts
Title Insurance: State Regulation And The Public Perspective, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Justiciability, Robert S. Summers
Justiciability, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
"Is" And "Ought" In Legal Philosophy, Robert S. Summers
"Is" And "Ought" In Legal Philosophy, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.