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1978

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Full-Text Articles in Law

The Opinion Volume 19 Number 6 – December 7, 1978, The Opinion Dec 1978

The Opinion Volume 19 Number 6 – December 7, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 7, 1978


Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers Dec 1978

Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers

Cornell Law Faculty Publications

The late Lon L. Fuller played an influential role in the development of American jurisprudence, but his views have not always prevailed. In this tribute to the memory of Professor Fuller, Professor Summers outlines the major tenets of what he perceives to be our dominant philosophy of law – “pragmatic instrumentalism” – by way of contrasting that philosophy with the views of Professor Fuller. Professor Summers concludes that these two philosophies differ in many important respects and that our dominant philosophy of law should accommodate, and may indeed already be in the process of accommodating, the thought of Professor Fuller.


Fornication, Cohabitation, And The Constitution, Michigan Law Review Dec 1978

Fornication, Cohabitation, And The Constitution, Michigan Law Review

Michigan Law Review

This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …


The Opinion Volume 19 Number 5 – November 9, 1978, The Opinion Nov 1978

The Opinion Volume 19 Number 5 – November 9, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 9, 1978


The Opinion Volume 19 Number 4 – October 26, 1978, The Opinion Oct 1978

The Opinion Volume 19 Number 4 – October 26, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 26, 1978


The Opinion Volume 19 Number 3 – October 12, 1978, The Opinion Oct 1978

The Opinion Volume 19 Number 3 – October 12, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 12, 1978


In A Defiant Stance: The Conditions Of Law In Massachusetts Bay, The Irish Comparison, And The Coming Of The American Revolution, By John Phillip Reid, Hendrik Hartog Oct 1978

In A Defiant Stance: The Conditions Of Law In Massachusetts Bay, The Irish Comparison, And The Coming Of The American Revolution, By John Phillip Reid, Hendrik Hartog

Indiana Law Journal

No abstract provided.


Aboriginal Title In The Common Law: A Stony Path Through Feudal Doctrine, Gordon I. Bennett Oct 1978

Aboriginal Title In The Common Law: A Stony Path Through Feudal Doctrine, Gordon I. Bennett

Buffalo Law Review

No abstract provided.


The Concept Of Aboriginal Rights In The Early Legal History Of The United States, Howard R. Berman Oct 1978

The Concept Of Aboriginal Rights In The Early Legal History Of The United States, Howard R. Berman

Buffalo Law Review

No abstract provided.


Clinical Education-A Golden Dancer?, W. Wade Berryhill Oct 1978

Clinical Education-A Golden Dancer?, W. Wade Berryhill

Law Faculty Publications

Clinical education is acclaimed by its advocates to be the salvation of the wayward and sick soul of the legal profession. Others, the staunch defenders of the more traditional academic methods, believing it to be nothing more than spit and sealing wax, shake their heads and murmur "is nothing sacred?" The purpose of this paper is to take a good "look behind the paint" of clinical education.


The Opinion Volume 19 Number 2 – September 28, 1978, The Opinion Sep 1978

The Opinion Volume 19 Number 2 – September 28, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 28, 1978


The Opinion Volume 19 Number 1 – September 14, 1978, The Opinion Sep 1978

The Opinion Volume 19 Number 1 – September 14, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 14, 1978


Jefferson And The Church-State Wall : A Historical Examination Of The Man And The Metaphor Sep 1978

Jefferson And The Church-State Wall : A Historical Examination Of The Man And The Metaphor

BYU Law Review

No abstract provided.


American Bar Association Meeting Prayer Breakfast, Lewis F. Powell Jr. Aug 1978

American Bar Association Meeting Prayer Breakfast, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.


Reflections On A Unified Theory Of Motive, Theodore Eisenberg Aug 1978

Reflections On A Unified Theory Of Motive, Theodore Eisenberg

Cornell Law Faculty Publications

No abstract provided.


The Opinion Volume 18 Number 11 – July 6, 1978, The Opinion Jul 1978

The Opinion Volume 18 Number 11 – July 6, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated July 6, 1978


Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin Jun 1978

Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin

Cornell Law Faculty Publications

In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth …


Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers Jun 1978

Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


The Opinion Volume 18 Number 10 – April 26, 1978, The Opinion Apr 1978

The Opinion Volume 18 Number 10 – April 26, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 26, 1978


The Opinion Volume 18 Number 9 – April 14, 1978, The Opinion Apr 1978

The Opinion Volume 18 Number 9 – April 14, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 14, 1978


State V. Smith: Presumption Of Husband's Coercion Over Wife, Kevin O. Easley Apr 1978

State V. Smith: Presumption Of Husband's Coercion Over Wife, Kevin O. Easley

North Carolina Central Law Review

No abstract provided.


Small Claims In Arkansas: A Judicial Comment, Joel C. Cole Apr 1978

Small Claims In Arkansas: A Judicial Comment, Joel C. Cole

University of Arkansas at Little Rock Law Review

No abstract provided.


Theme V. Reality In American Legal History: A Commentary On Horwitz, The Transformation Of American Law, 1780-1860, And On The Common Law In America, R. Randall Bridwell Apr 1978

Theme V. Reality In American Legal History: A Commentary On Horwitz, The Transformation Of American Law, 1780-1860, And On The Common Law In America, R. Randall Bridwell

Indiana Law Journal

No abstract provided.


The Opinion Volume 18 Number 8 – March 16, 1978, The Opinion Mar 1978

The Opinion Volume 18 Number 8 – March 16, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 16, 1978


The Opinion Volume 18 Number 7 – March 2, 1978, The Opinion Mar 1978

The Opinion Volume 18 Number 7 – March 2, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 2, 1978


The Opinion Volume 18 Number 6 – February 9, 1978, The Opinion Feb 1978

The Opinion Volume 18 Number 6 – February 9, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 9, 1978


The Menominee Indians: Termination To Restoration, Stephen J. Herzberg Jan 1978

The Menominee Indians: Termination To Restoration, Stephen J. Herzberg

American Indian Law Review

No abstract provided.


Plato, Educom, And Legal Education, 1 Computer L.J. 545 (1978), Robert J. Munro, Dennis Noah Jan 1978

Plato, Educom, And Legal Education, 1 Computer L.J. 545 (1978), Robert J. Munro, Dennis Noah

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Intellectual Life In The Colonial South, 1585-1763, William Hamilton Bryson Jan 1978

Intellectual Life In The Colonial South, 1585-1763, William Hamilton Bryson

Law Faculty Publications

A book review on, Intellectual Life in the Colonial South, 1585-1763, by Richard Beale Davis.


Law And Social Order In The United States, James W. Ely, Jr. Jan 1978

Law And Social Order In The United States, James W. Ely, Jr.

Vanderbilt Law Review

No student of American legal history can overlook the significant work of J. Willard Hurst, who has been described as "the foremost historian of American law."' A prolific author, Hurst has been concerned primarily with the relationship between law and the economic system. His most recent volume, Law and Social Order in the United States, is an important contribution to the rapidly growing literature in the legal history field. Based upon the Carl L.Becker Lectures that Hurst delivered at Cornell University in 1976, the book ranges broadly over America's nineteenth- and twentieth-century legal past, with emphasis upon law and social …