Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (4)
- Law and Philosophy (3)
- Common Law (2)
- Comparative and Foreign Law (2)
- Constitutional Law (2)
-
- Courts (2)
- First Amendment (2)
- Fourteenth Amendment (2)
- Jurisprudence (2)
- Legislation (2)
- Natural Resources Law (2)
- Property Law and Real Estate (2)
- Civil Rights and Discrimination (1)
- Contracts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Estates and Trusts (1)
- European Law (1)
- Family Law (1)
- Judges (1)
- Law and Politics (1)
- Law and Society (1)
- Legal History (1)
- Legal Remedies (1)
- Legal Writing and Research (1)
- Litigation (1)
- Public Law and Legal Theory (1)
- Rule of Law (1)
- Publication Year
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Law
Wrongs Without Rights. Review Of Wrongs, Rights, And Third Parties, By N. Cornell., Scott Hershovitz
Wrongs Without Rights. Review Of Wrongs, Rights, And Third Parties, By N. Cornell., Scott Hershovitz
Reviews
The word “wrong” is the source of much confusion, in part because it does double duty. “You set the table wrong,” I might say, noting that you’ve misplaced the forks and knives. When I say that, I imply that there’s a standard against which place settings are properly judged, and that you’ve mucked things up by failing to match it. This use of the word “wrong” pops up all over the place: “You took a wrong turn.” “That’s the wrong answer.” “Why do I get everything wrong?” But there’s another way to use the word “wrong”: “You wronged Tom,” I …
The Kerr Principle, State Action, And Legal Rights, Donald J. Herzog
The Kerr Principle, State Action, And Legal Rights, Donald J. Herzog
Articles
A Baltimore library refused to admit Louise Kerr to a training program because she was black. Not that it had anything against blacks, but its patrons did. When Kerr launched a civil suit against the library alleging a violation of equal protection of the laws, the courts credited the library's claim that it had no racist purpose, but Kerr still prevailed-even though the case occurred before Title VII and Brown v. Board of Education. Here a neutral and generally applicable rule ("serve the patrons"), when coupled with particular facts about private parties (the white patrons dislike blacks), yielded an …
Democratic Credentials, Donald J. Herzog
Democratic Credentials, Donald J. Herzog
Articles
We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …
Talking About Rights, Carl E. Schneider
Talking About Rights, Carl E. Schneider
Reviews
In recent years, a growing recognition of the power of rights talk in American law and life has surfaced in the writing of legal academics, along with a gnawing doubt about that power. In Rights Talk The lmpaverishrnent of Political Discaurse, Mary Ann Glendon, a professor of law at Harvard University, gives those doubts systematic, thoughtful, and lucid expression. Glendon has long been one of our most penetrating students of family law and one of our most enlightening students of comparative law. In this book (as in its predecessor and forebear, Abartion and Divorce in We5tem Law), she brings this …
Arguing About Rights, Charles M. Yablon
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Articles
A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …
Right1, Right2, Right3, Right4 And How About Right?, Layman E. Allen
Right1, Right2, Right3, Right4 And How About Right?, Layman E. Allen
Book Chapters
Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word-skill is to be prized. Few have expressed this more aptly or succinctly than Wesley N. Hohfeld: ...[I]n any closely reasoned problem, whether legal or nonlegal, chameleon-hued words are a peril both to clear thought and to lucid expression.
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
Michigan Law Review
The purpose of this article is to present a descriptive overall picture of the fundamental features of the system established by the Basic Law and at the same time point up significant comparisons and contrasts by reference to the Constitution. Eleven years have now elapsed since the Basic Law went into effect, and significant decisions of the Federal Constitutional Court (Bundesverfassungsgericht ) noted at the appropriate points, serve to illuminate the working of the system established by it.
Wills--Adopted Child As "Issue" Within Meaning Of Anti-Lapse Statute, George A. Rinker
Wills--Adopted Child As "Issue" Within Meaning Of Anti-Lapse Statute, George A. Rinker
Michigan Law Review
Testatrix, by her will, left the residue of her estate to her two sisters, their heirs and assigns forever. Appellee, an adopted daughter of one sister who predeceased testatrix, claimed one half of the residue by substitution under the Ohio anti-lapse statute. Held, an adopted child is "issue" within the meaning of the anti-lapse statute, which in terms provides that issue of a predeceased devisee will take. Appellee takes by substitution for her adoptive mother. Flynn v. Bredbeck, (Ohio 1946) 68 N.K (2d) 75.
Criminal Justice In Germany, Hans Julius Wolff
Criminal Justice In Germany, Hans Julius Wolff
Michigan Law Review
Criminal law and procedure, perhaps even more than civil, reflect the underlying conceptions of the political system with which they are connected. The ideological structure of criminal procedure in Germany, as well as in other continental European states, rests on the historical development through which constitutional institutions in those countries have passed since the French Revolution. It mirrors the transformation of the all-powerful state of the period of absolutism into the liberal state with its guaranteed freedoms and rights of the individual and strict legal limits to the power of the authorities (Rechtsstaat); and in recent years it has adapted …
Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley
Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley
Articles
A very interesting and important question frequently is, what effect has been produced upon a right of action, or upon a previously existing defence to an action, by a change in the law effected by statute after the right has accrued, or the cause of action has arisen, to which the defence was applicable. The question is encountered in a great variety of cases, and is sufficiently important to be considered under the several heads where the cases seem to range themselves. This is done imperfectly below.
Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley
Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley
Articles
In the present paper those cases will be considered in which one person suffers an injury in consequence of the exercise by another person of his legal rights. Many such cases occur in which, although the injury may be severe, the law will award no compensation, there being no tort in the case because there is an absence of that wrong the concurrence of which with damage is essential to an action. Negligence might supply the wrong, but we now speak of cases of which that is not an element.
Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley
Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley
Articles
In the present paper those cases will be considered in which one person suffers an injury in consequence of the exercise by another person of his legal rights. Many such cases occur in which, although the injury may be severe, the law will award no compensation, there being no tort in the case because there is an absence of that wrong the concurrence of which with damage is essential to an action. Negligence might supply the wrong, but we now speak of cases of which that is not an element.