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Articles 1 - 14 of 14

Full-Text Articles in Law

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard Dec 1961

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

All Faculty Scholarship

No abstract provided.


Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider Nov 1961

Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider

Michigan Law Review

A Review of The Common Law Tradition- Deciding Appeals. By Karl N. Llewellyn.


Law And History, C. J. Friedrich Oct 1961

Law And History, C. J. Friedrich

Vanderbilt Law Review

Law is frozen history. In an elementary sense, everything we study when we study law is the report of an event in history, and all history consists of such records or reports. It therefore cannot be my task to develop a sermon on the importance of historical records for the understanding of the law; the tie is too intimate and too obvious to need laboring." The work of Professor Maine on 'Ancient Law,'" wrote Professor T. W. Dwight in his Introduction to that book in the sixties of the last century, "is almost the only one in the English language …


Legal Philosophy - Recent Contributions, Neil W. Schilke Oct 1961

Legal Philosophy - Recent Contributions, Neil W. Schilke

William & Mary Law Review

No abstract provided.


Law And Literature: The Contemporary Image Of The Lawyer, Henry B. Cushing, E. F. Roberts Jul 1961

Law And Literature: The Contemporary Image Of The Lawyer, Henry B. Cushing, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.


The Next Step: Uniform Rules For The Courts Of Appeals, Milton D. Green Jun 1961

The Next Step: Uniform Rules For The Courts Of Appeals, Milton D. Green

Vanderbilt Law Review

The adoption of the Federal Rules of Civil Procedure in 1938 maybe regarded as one of the great landmarks of procedural reform in the United States. The many innovations and improvements over prior practice which were effected are well known. Not the least of these was the achievement of uniformity of procedure in all of the federal district courts of the United States, replacing the chaotic confusion which had existed under the Conformity Act.' Although the Federal Rules were addressed primarily to practice and procedure in the district courts, they also dealt with certain aspects of appellate practice. This was …


Hickman V. Jencks, Edward W. Cleary Jun 1961

Hickman V. Jencks, Edward W. Cleary

Vanderbilt Law Review

In recent years the Supreme Court of the United States has decided two cases with fundamental impact upon the status of the legal profession in the litigatory process. Although the two cases are intimately related, the opinion in the second did not mention the first, and the two decisions have never really been laid side by side.' It is proposed here to explore their mutual implications.


Supreme Court Attitudes Toward Federal Administrative Agencies, Joseph Tanenhaus Mar 1961

Supreme Court Attitudes Toward Federal Administrative Agencies, Joseph Tanenhaus

Vanderbilt Law Review

This article reports for a legal audience an examination by social science methods of the validity of certain hypotheses about the behavior of the United States Supreme Court and of its individual members. In order that this study may be viewed in broader perspective,the first part of the essay surveys the prior uses of social science methods in dealing with the judicial process.


The Rule Of Law And The Judicial Process, Luke K. Cooperrider Feb 1961

The Rule Of Law And The Judicial Process, Luke K. Cooperrider

Michigan Law Review

An anecdote which I believe I recall from one of Professor Brogan's ·writings concerns a conversation between the archbishop and the chief justice about the relative importance of their respective powers. After the conversation had continued for some time the archbishop sought to administer the coup de grâce. "I have the advantage of you, your lordship, because you see, in the long run, the most you can say to a man is, 'You shall be hanged!' whereas it is within the functions of my office to say, 'You shall be damned!' " To this, after a moment of thought, …


Legal Reasoning: The Evolutionary Process Of Law, By William Zelermyer, Susan G. Fonner Jan 1961

Legal Reasoning: The Evolutionary Process Of Law, By William Zelermyer, Susan G. Fonner

Indiana Law Journal

No abstract provided.


The Sociological Jurisprudence Of Roscoe Pound (Part I), James A. Gardner Jan 1961

The Sociological Jurisprudence Of Roscoe Pound (Part I), James A. Gardner

Villanova Law Review

No abstract provided.


The Sociological Jurisprudence Of Roscoe Pound (Part Ii), James A. Gardner Jan 1961

The Sociological Jurisprudence Of Roscoe Pound (Part Ii), James A. Gardner

Villanova Law Review

No abstract provided.


Legal Sanctions, Jerome Hall Jan 1961

Legal Sanctions, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Supreme Court-October 1959 Term, Bernard Schwartz Jan 1961

The Supreme Court-October 1959 Term, Bernard Schwartz

Michigan Law Review

A country's constitutional law is but a reflection of its political, economic, and social life. Not unnaturally, the external conditions of any particular period are bound to have their effects in the legal sphere as well-especially in the field of public law. This is as true of the United States as it is of other countries. From this point of view, the constitutional jurisprudence of the American Supreme Court is only the juristic mirror of the different stages through which American history has passed. 'Our jurisprudence is distinctive,' said Justice Jackson on the 150th anniversary of the Supreme Court, 'in …