Law Commons^™

Corporate Fiduciary Principles For The Post-Contractarian Era, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

The impact of the law and economics movement on legal scholarship, legal analysis, and, ultimately, on the rules under which our society operates is substantial. The proponents of this movement ("Contractarians") articulate their positions skillfully and apply their principles broadly across the entire spectrum of our laws, including, of course, the area of corporate law.

The purpose of this Article is to propose, explain, and defend broad and unifying principles to guide the development of fiduciary duties of corporate managers in the post-Contractarian period. These principles are based on Pareto criteria, which are demonstrably appealing to society and provide workable …

Symposium On Law, Literature, And The Humanities. Introduction: Conducting Our Educations In Public, Thomas D. Eisele

Faculty Articles and Other Publications

This symposium grew out of James Boyd White's Marx Lecture, given April 21, 1994, at the University of Cincinnati, and this issue owes its existence to some happy coincidences with that event. One coincidence was the idea occurring to a number of us that, as nice as it would be to publish Professor White's thoughts on the Crito in these pages of the Law Review, how much nicer still it would be to surround those thoughts, or to follow them, with the thoughts of other scholars in the field, showing how these others responded to the text discussed by White …

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.

Consideration And Estoppel: Problem And Panacea, Bruce Macdougall

Dalhousie Law Journal

In his book, The History of the Common Law of Contract, A.W.B. Simpson demonstrates that consideration originally seems to have meant the "matter of inducement" - the "why" of entering a promise.' He writes: "The essence of the doctrine of consideration, then, is the adoption by the common law of the idea that the legal effect of a promise should depend upon the factor or factors which motivated the promise. To decide whether a promise to do X is binding, you need to know why the promise was made."2 In modem terms, according to Simpson, a promise which lacks any …

The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden

Dalhousie Law Journal

It is a great honour to have been asked to provide an essay for this volume of reflections on the contribution Madame Justice Bertha Wilson has made to the development of law in Canada. To a certain extent, this is a matter of pride in finding my own name associated with that of the very learned and respected individuals who have set out their thoughts in this collection of articles. In the main, however, the honour comes from the opportunity to make a public statement of my own respect and admiration for Madame Justice Wilson and the significant role that …

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …

Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson

Dalhousie Law Journal

To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …

Living Without Rights-- In Manners, Religion, And Law, Richard Stith

Law Faculty Publications

No abstract provided.

Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit

Faculty Works

Much of jurisprudence is storytelling, recounting tales of what has gone before; improvising and crafting new stories of legal theory from old ones. Useful kernels are passed from one generation of legal thinkers to the next. Like tribal legends, the messages in many stories of jurisprudence can be understood only by a select audience. Legends often come with morals; theories of jurisprudence often impart prescription for living within the law. Jurisprudence, like legends, concerns fundamental issues, confronts cosmic questions and weaves in magic. Sometimes both possess humor as well.

Unfortunately, some modern versions of jurisprudential theories have become anecdotal. The …

Introduction: "Plus Ca Change...?", Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Legal Fiction, James Boyle

Faculty Scholarship

No abstract provided.

The Legal Point Of View, L. C. Green

Dalhousie Law Journal

What is Law? By what criteria do we recognize valid law? These questions have exercised the minds of distinguished jurisprudential thinkers of the past. Every solution that has been propounded, whether in terms of natural law theory, command models, norm or rule models, seems to have been defective in one way or another. The main thesis of this book is that every attempt to find some "essence of law" - whether in terms of commands, rules or whatever - is bound to fail. The reason given is that there is not one and only one "true" conception of law. There …

The Legal Point Of View, L. C. Green

Dalhousie Law Journal

What is Law? By what criteria do we recognize valid law? These questions have exercised the minds of distinguished jurisprudential thinkers of the past. Every solution that has been propounded, whether in terms of natural law theory, command models, norm or rule models, seems to have been defective in one way or another. The main thesis of this book is that every attempt to find some "essence of law" - whether in terms of commands, rules or whatever - is bound to fail. The reason given is that there is not one and only one "true" conception of law. There …

Law And Today's Crisis-Situations, Thomas E. Davitt

Indiana Law Journal

No abstract provided.

The Morality Of Law, By Lon L. Fuller, Edwin W. Tucker

Indiana Law Journal

No abstract provided.

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 …

Beutel: Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, Samuel I. Shuman

Michigan Law Review

A Review of Some Potentialities of Experimental Jurisprudence as a New Branch of Social Science. By Fredrick K. Beutel.

The Moral Decision: Right And Wrong In The Light Of American Law, By Edmond Cahn, W. Friedmann

Indiana Law Journal

No abstract provided.

The Balance Sheet Of Law And Religion, Frank E. Horack Jr.

Articles by Maurer Faculty

No abstract provided.

What Is Law, Roscoe Pound

West Virginia Law Review

No abstract provided.

Law As A Science, George W. Goble

Indiana Law Journal

Reprinted from The Scientific Monthly, with the permission of that periodical.

Law And The Modern Mind, D. F. Cavers

West Virginia Law Review

No abstract provided.

The Essential Nature Of Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Recopilación De Leyes Y Decretos De Venezuela, 1912, Venezuela

Venezuela

Recopilación de Leyes y Decretos de Venezuela. Tomo XXXV. Año de 1912.

Recopilación De Leyes Y Decretos De Venezuela, 1903, Venezuela

Venezuela

Recopilación de Leyes y Decretos de Venezuela. Tomo XXVI. Año 1903.

Recopilación De Leyes Y Decretos De Venezuela, 1902, Venezuela

Venezuela

Recopilación de Leyes y Decretos de Venezuela. Tomo XXV. Año 1902.

Recopilación De Leyes Y Decretos De Venezuela, 1901, Venezuela

Venezuela

Recopilación de Leyes y Decretos de Venezuela. Tomo XXIV. Año 1901.

Recopilación De Leyes Y Decretos De Venezuela, 1900, Venezuela

Venezuela

Recopilación de Leyes y Decretos de Venezuela. Tomo XXIII. Año 1900.