Law Commons^™

Professor Nagel's Reflections On Cardozo, Anthony D'Amato

Cardozo Law Review

In the first issue of the Cardozo Law Review, Professor Ernest Nagel, in Reflections on "The Nature of the Judicial Process," criticized Justice Cardozo's professed abandonment of the distinction between custom and law. Professor Anthony DAmato, in Judicial Legislation, argued that Cardozo's opinions belied his assertion of the necessity for judicial legislation, and adhered generally to the theory that cases should be decided in accordance with law as it is found, rather than made, by judges.

In this commentary, Professor D'Amato argues that Professor Nagel's assertion of a distinction between law and custom is inconsistent with the development of the …

Some Thoughts On The Decline Of International Law And Future Prospects, Richard Falk

Hofstra Law Review

No abstract provided.

Objections To Western Conceptions Of Human Rights, Cornelius F. Murphy Jr.

Hofstra Law Review

No abstract provided.

Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, M. Cherif Bassiouni, Daniel H. Derby

Hofstra Law Review

No abstract provided.

The Language And Logic Of Law: A Case Study, David N. Haynes

University of Miami Law Review

Law is a social practice that consists of argument, in large part. This article is a case study of legal argument. The author has undertaken the study in the belief that the forms assumed by legal argument relate to lawyers' conscious or unconscious understanding about what is persuasive in a given legal context. One can articulate these understandings by identifying and describing particular forms of argument and by determining the circumstances in which lawyers use each form. The author examines a set of Supreme Court opinions, using as a guide one of the few contemporary attempts to organize and classify …

Professor D'Amato On Law And Custom: A Rejoinder, Ernest Nagel

Cardozo Law Review

No abstract provided.

The Emerging Jurisprudence Of The Human Rights Committee, B. G. Ramcharan

Dalhousie Law Journal

Referring to the role of the Human Rights Committee in the examination of reports submitted by States parties to the International Covenant on Civil and Political Rights, the Canadian representative in the Third Committee of the General Assembly in 1966, expected that the Committee would "examine, analyse, appraise and evaluate the reports ... in a searching and critical fashion." ' After two years, during which five sessions of the Human Rights Committee were held, how does the Committee measure up to this standard? This will be the main inquiry of the present article during the course of which the following …

Theories Of Professors H.L.A. Hart And Ronald Dworkin - A Critique, John W. Van Doren

Cleveland State Law Review

This article will attempt to summarize the views of Professors Hart and Dworkin and engage in a critical evaluation of their thinking to demonstrate what will be perceived as a disparity between their theories and the way the legal machinery operates today.

Strategic Implications Of Continental Shelves, Jose A. Alvarez

International Law Studies

No abstract provided.

Finance, Rules And The Indexation Of Brazilian Government Bonds, Mark J. Roe

Vanderbilt Journal of Transnational Law

In roughly a dozen years, Brazil has created a sophisticated multi-billion dollar system of public debt in the midst of an unpredictable inflationary financial climate. During this time the government bonds were initially all indexed against inflation; the obligations were automatically periodically adjusted in accordance with price index changes. However, as shall be seen, the indexation of the bonds was not necessarily the cause of the expansion of the market for public debt.

The legal-economic mechanism of Brazilian indexation is not widely understood in the United States. The method used to calculate the index that provides the basis for readjusting …

Cook, Oliphant, And Yntema: The Scientific Wing Of American Legal Realism (Part Ii), S. N. Verdun-Jones

Dalhousie Law Journal

Following the lead of John Dewey, Cook, Oliphant, and Yntema pointedly eschewed discussion of ultimate values in terms of their intrinsic "goodness". Their own course of action was to press for the application of scientific method - or Dewey's "method of intelligence" - to the field of ethics. The clear message imparted by their approach was the compelling need for the proponents of particular values to consider the means available for the achievement of their ideals; such consideration, it was argued, would both heighten commitment to goals which were proved to be capable of attainment within a given social context …

Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato

Faculty Working Papers

The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of long­term uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.

Contracts, Dorothy M. Helms

South Carolina Law Review

No abstract provided.

The Defense Of Necessity In Texas: Legislative Invention Come Of Age, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Government By Judiciary: John Hart Ely's "Invitation", Raoul Berger

Indiana Law Journal

No abstract provided.

Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio

Indiana Law Journal

This article was delivered on March 15 & 16, 1979, at the Indiana University School of Law, Bloomington, as a part of the Addison C. Harris lecture series.

Judicial Legislation, Anthony D'Amato

Cardozo Law Review

No abstract provided.

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.

Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum

Cardozo Law Review

No abstract provided.

Reflections On "The Nature Of The Judicial Process", Ernest Nagel

Cardozo Law Review

More than half a century has gone by since Cardozo delivered the three series of lectures, subsequently published in three wellknown books, in which he presented his philosophy of law with impressive learning and arresting (but sometimes distracting) eloquence. His jurisprudential views as well as his judicial decisions were influential in his lifetime; and his philosophical writings continue to be read, though it is difficult to say how widely or with what effect on their readers. In any event, during the past fifty years there has been a renaissance of active interest in legal philosophy, in this country as well …

The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards

Cardozo Law Review

No abstract provided.

Contract And Uncertainty: The Reformation Of An International Business Agreement, Joan A. Lipton

Cardozo Law Review

No abstract provided.

In The Eyes Of The Beholder: The Exercise Of Equitable Discretion In Federal Habeas Corpus, David Zwiebel

Cardozo Law Review

No abstract provided.

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

ACCESS TO ENERGY: 2000 AND AFTER

By Melvin A. Conant

Lexington: The University Press of Kentucky, 1979. Pp. 134.

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THE CHEYENNE WAY: CONFLICT AND CASE LAW IN PRIMITIVE JURISPRUDENCE

By K.N. Llewellyn and E. Adamson Hoebel Norman:

University of Oklahoma Press, 1978. Pp. 360.

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CHINESE LEGAL TRADITION UNDER THE MONGOLS: THE CODE OF 1291 AS RECONSTRUCTED

By Paul Heng-chao Ch'en.

Princeton: Princeton University Press, 1979. Pp. 205.

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EUROPEAN CAPITAL MARKETS: TOWARDS A GENERAL THEORY OF INTERNATIONAL INVESTMENT

By Bruno H. Solnik

Lexington, Massachusetts: Lexington Books, 1973. Pp. 114.

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MODERN INTERNATIONAL LAW

By R.C. Hingorani

Oceana: Dobbs …

Brain Studies And Legal Scholarship, Peter D. Junger

Case Western Reserve Law Review

No abstract provided.

Crime, Punishment And Responsibility, T. Brian Hogan

Villanova Law Review (1956 - )

No abstract provided.

The Moral Element In Cardozo's Jurisprudence, Stanley C. Brubaker

Cardozo Law Review

No abstract provided.

The Courts And Social Policy: Substance And Procedure, Henry J. Friendly

University of Miami Law Review

Judge Friendly admits that the courts must address themselves in some instances to issues of social policy. He would prefer, however, that a court rest its decision on an ascertainable jural principle rather than support its decision on the basis of its conception of what is desirable social policy. When courts do rely on social or economic data, they should observe procedural fairness as a goal in its own right and as a tool towards obtaining correct and complete information. When the economic and social data is indeterminate, a court should refuse to base its decision on such information. If …

Beyond Legitimacy, Steven Wisotsky

University of Miami Law Review

The author analyzes the scholarly debate over the legitimacy of the institution of judicial review. He suggests that, as a reaction to unjustified criticism of the institution, defenders of judicial review have articulated propositions which advance constitutional jurisprudence beyond the issue of legitimacy. He argues that the time has come for courts to de-emphasize prudential considerations and to concentrate on the substantive correctness of their decisions and on the standards of review which the courts employ.

Authority And Autonomy: The State, The Individual And The Family, M. David Gelfand

University of Miami Law Review

This commentary focuses primarily upon the views expressed by Justice Rehnquist in his de Hirsch Meyer lecture. The author argues that a corollary to Justice Rehnquist's view that the judiciary should defer to the authority of private institutions over the individual, to protect those institutions, would be to adopt a judicial attitude of supporting private institutions against legislative interference. An examination of Justice Rehnquist's judicial opinions in the area of constitutional family law reveals exactly the opposite position. The author concludes that Justice Rehnquist's position of judicial deference to legislative decisions over the family may lead to destruction of the …