Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (190)
- University of Michigan Law School (49)
- Schulich School of Law, Dalhousie University (30)
- University of Georgia School of Law (22)
- Yeshiva University, Cardozo School of Law (10)
-
- Maurer School of Law: Indiana University (9)
- Brooklyn Law School (6)
- Universitas Indonesia (5)
- William & Mary Law School (5)
- Florida State University College of Law (3)
- The University of San Francisco (3)
- University of Denver (3)
- University of San Diego (3)
- Brigham Young University Law School (2)
- Georgia State University College of Law (2)
- Loyola Marymount University and Loyola Law School (2)
- Roger Williams University (2)
- Texas A&M University School of Law (2)
- American University Washington College of Law (1)
- Beirut Arab University (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Cornell University Law School (1)
- Embry-Riddle Aeronautical University (1)
- Emory University School of Law (1)
- George Fox University (1)
- Georgetown University Law Center (1)
- Liberty University (1)
- Mississippi Christian University School of Law (1)
- Keyword
-
- England (18)
- Law (14)
- Common law (10)
- Blackstone's Commentaries (7)
- Comparative Law (7)
-
- Constitution (7)
- France (7)
- History (7)
- Laws of England (7)
- SFFA (7)
- United States (7)
- Affirmative Action (6)
- Common Law (6)
- ESG (6)
- English law (6)
- Juries (6)
- William Blackstone (6)
- Civil law (5)
- Courts (5)
- Diversity (5)
- History of Common Law (5)
- Justice (5)
- Laws of the United States (5)
- Legal History (5)
- Securities and exchange commission (5)
- Addiction (4)
- American law (4)
- Appeals (4)
- Artificial intelligence (4)
- Creditors (4)
- Publication Year
- Publication
-
- Seattle University Law Review (189)
- Michigan Law Review (30)
- Dalhousie Law Journal (27)
- Georgia Journal of International & Comparative Law (16)
- Articles (8)
-
- Books (6)
- Brooklyn Journal of International Law (5)
- Indiana Law Journal (5)
- Popular Media (5)
- Cardozo Law Review (4)
- LLM Theses and Essays (4)
- Articles, Book Chapters, & Popular Press (3)
- Book Chapters (3)
- Florida State University Journal of Transnational Law & Policy (3)
- San Diego International Law Journal (3)
- Sturm College of Law: Faculty Scholarship (3)
- Articles by Maurer Faculty (2)
- BYU Law Review (2)
- Faculty Scholarship (2)
- Georgia State University Law Review (2)
- Indonesia Law Review (2)
- Law Faculty Scholarship (2)
- Loyola of Los Angeles International and Comparative Law Review (2)
- Master's Theses (2)
- Texas A&M Law Review (2)
- University of Michigan Journal of Law Reform (2)
- All Faculty Publications (1)
- Arkansas Law Notes (1)
- Articles & Book Chapters (1)
- BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية (1)
- Publication Type
Articles 301 - 330 of 371
Full-Text Articles in Common Law
Cisg And The Problem With Common Law Jurisdictions, Monica Kilian
Cisg And The Problem With Common Law Jurisdictions, Monica Kilian
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala
The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Structure Of Blackstone's Commentaries, Alan Watson
The Structure Of Blackstone's Commentaries, Alan Watson
Scholarly Works
Duncan Kennedy's view of Sir William Blackstone's Commentaries on the Laws of England as the first systematic attempt to present a theory of the whole common law system is interesting but wrong. Blackstone himself listed his predecessors, "those who have laboured in reducing our laws to a System": Glanville, Bracton, Britton, the author of Fleta, Fitzherbert, Brook, Lord Bacon, Sir Edward Coke, Dr. Cowell, Sir Henry Finch, Dr. Wood, Sir Matthew Hale. Certainly their arrangements are not free from defects. In particular, as Blackstone pointed out, the arrangement of Fitzherbert and Brook was alphabetical, and Bacon purposely avoided any regular …
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Articles
This article draws on the history of the hearsay rule, and on recent decisions of the European Court of Human Rights, to argue that the right to confrontation should be recognised as a basic principle of the law of evidence, and that aspects of the Law Commission's proposals for reform of the hearsay rule, and of the Home Office's proposals for restrictions on the right of cross-examination, are therefore unsatisfactory.
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Board Of Directors And Internal Control, Melvin A. Eisenberg
The Board Of Directors And Internal Control, Melvin A. Eisenberg
Cardozo Law Review
No abstract provided.
Hearsay Evidence: A Comparison Of Two Jurisdictions: United States And Nigeria, Lawrence Okechukwu Azubuike
Hearsay Evidence: A Comparison Of Two Jurisdictions: United States And Nigeria, Lawrence Okechukwu Azubuike
LLM Theses and Essays
Many jurisdictions have detailed rules of evidence which regulate the facts that are admissible in court. The hearsay rule is one such rule which excludes certain evidence. The hearsay rule has roots in an old common law principle and is featured in many jurisdictions today, but has endured heavy criticisms over time. This paper examines the application of the hearsay rule in the United States and in Nigeria. Both are common law countries, however, the United States’ legal system is more advanced than that of Nigeria. This comparison aims to inform and assist current reform efforts in Nigeria.
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …
Using Prejudgment Attachments In The European Community And The U.S., Manuel Juan Dominguez
Using Prejudgment Attachments In The European Community And The U.S., Manuel Juan Dominguez
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
LLM Theses and Essays
Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …
From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham
From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham
Michigan Law Review
A Review of The Province of Legislation Determined: Legal Theory in Eighteenth Century Britain by David Lieberman
The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger
Faculty Works
No abstract provided.
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
LLM Theses and Essays
While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …
Crime And The Courts In England 1660-1800, Frank C. Shaw
Crime And The Courts In England 1660-1800, Frank C. Shaw
Michigan Law Review
A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie
Origins Of The Common Law (A Three-Part Series) Part Iti: Common Law Under The Early Normans, David A. Thomas
Origins Of The Common Law (A Three-Part Series) Part Iti: Common Law Under The Early Normans, David A. Thomas
BYU Law Review
No abstract provided.
Origins Of The Common Law (A Three-Part Series)-Part Ii. Anglo-Saxon Antecedents Of The Common Law, David A. Thomas
Origins Of The Common Law (A Three-Part Series)-Part Ii. Anglo-Saxon Antecedents Of The Common Law, David A. Thomas
BYU Law Review
No abstract provided.
Islamic Family Law And Anglo-American Public Policy, David Pearl
Islamic Family Law And Anglo-American Public Policy, David Pearl
Cleveland State Law Review
This Article discusses the response of the English judiciary and legislature to the differing expectations and norms of the Muslim community living in its midst. Although the emphasis is necessarily on the English experience, it is hoped that the problems and the reactions will have echoes on the other side of the Atlantic. England, perhaps more than the United States, enjoys an ecclesiastical entrenchment in historical terms. Little of this experience however should be left in the ongoing day to day reality of the administration of family law. This Article proposes that pluralism and diversity must be a central theme …
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Judicial Experimentation With A Strict Products Liability Rule: A Comparison Of The Law In The United Kingdom, Louisiana, And United States' Common Law Jurisdictions, Thomas E. Carbonneau, Catherine Garvey
Judicial Experimentation With A Strict Products Liability Rule: A Comparison Of The Law In The United Kingdom, Louisiana, And United States' Common Law Jurisdictions, Thomas E. Carbonneau, Catherine Garvey
Faculty Scholarship
Since the mid-nineteenth century, products liability law has undergone significant modifications. The applicable doctrine has oscillated between contract and tort theories; fault and no-fault liability schemes have competed for predominance. Despite attempts to create an internationally accepted liability norm, different legal systems continue to espouse differing perceptions of the liability formula in the products area. In addition, even in jurisdictions in which courts adhere to identical liability theories, there is disagreement as to the application and implications of the same standard. This article attempts to set the shifting doctrinal character of products liability analysis into a comparative perspective principally between …
The Right To One's Own Likeness In French Law, Wencelas J. Wagner
The Right To One's Own Likeness In French Law, Wencelas J. Wagner
Indiana Law Journal
No abstract provided.
Statute Of Frauds--The Doctrine Of Equitable Estoppel And The Statute Of Frauds, Michigan Law Review
Statute Of Frauds--The Doctrine Of Equitable Estoppel And The Statute Of Frauds, Michigan Law Review
Michigan Law Review
In 1677 the English Parliament enacted the first Statute of Frauds to prevent "many fraudulent practices, which are commonly endeavored to be upheld by perjury and subornation of perjury." The trial system then existing in England was forced to depend upon unreliable juries, and relied upon few rules of evidence besides the rule treating parties to an action as incompetent witnesses. Thus, in passing the Statute, Parliament sought to minimize the abuses possible under the trial system by providing that virtually no important contract would be enforceable unless reduced to writing.
Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller
Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller
Michigan Law Review
The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …
The Constitutional And Judicial Organization Of France And Germany And Some Comparisons Of The Civil Law And Common Law Systems, Joseph Dainow
The Constitutional And Judicial Organization Of France And Germany And Some Comparisons Of The Civil Law And Common Law Systems, Joseph Dainow
Indiana Law Journal
This article is based on lectures delivered at the International Faculty of Comparative Law in Luxembourg, August 1960
American Enterprise In The European Common Market, A Legal Profile, Edited By Eric Stein And Thomas L. Nicholson, Kazimierz Grzybowski
American Enterprise In The European Common Market, A Legal Profile, Edited By Eric Stein And Thomas L. Nicholson, Kazimierz Grzybowski
Indiana Law Journal
No abstract provided.
British Antitrust In Action, Michael Conant
British Antitrust In Action, Michael Conant
Michigan Law Review
The Restrictive Trade Practices Act of 1956 was the first positive anti-monopoly statute in the United Kingdom since the Statute of Monopolies in 1623. Now that the statute has been in effect four years there are sufficient decisions and consent orders to make possible a report on its operation. Since most American readers are unfamiliar with the legal and economic background of the Restrictive Trade Practices Act, the prior common law in this area and the 1948 monopolies investigation statute will be summarized first. This summary is followed by an analysis of the structure of the 1956 Act, of the …
The Task Of Comparative Law In Common Law Systems, R. H. Graveson
The Task Of Comparative Law In Common Law Systems, R. H. Graveson
Indiana Law Journal
This article is from the lecture series, Problems in Comparative Law, delivered at the Indiana University School of Law in Bloomington in March and April, as the 1959 Addison C. Harris Memorial Lectures.
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
In review we can say that within a comparatively broad field of the American law required joinder of claims is the rule. There are some exceptions. The German law has no rule of compulsory joinder of claims. Here, there are some exceptions, too. In this sense and within a field which is marked out by the American rule and the German exceptions, the relationship of rule and exceptions is reversed in the two systems.
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
This comparative study is confined to the situation of one claimant against one claimee. The principles which will be considered seem to be rather well settled both in the American and the German law. The fact, however, that besides many a common result we shall find fundamental differences in the pertinent basic concepts of the American and German systems makes the discussion worthwhile. It may, at least, promote a reconsideration of the propriety of those concepts.
Judicial Review In Europe, Gottfried Dietze
Judicial Review In Europe, Gottfried Dietze
Michigan Law Review
The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …
Foreign Personal Representatives, Banks Mcdowell Jr.
Foreign Personal Representatives, Banks Mcdowell Jr.
Michigan Legal Studies Series
In dealing with the legal rules affecting foreign personal representatives, the author of the present monograph is to be commended for the lucid analysis in the following pages of the principal questions that an executor or administrator appointed in one state will encounter in the administration of a single estate on a multi-jurisdictional basis: his right to sue and liability to suit in other states, the effects of his extra-legal action outside the state of his appointment, and the possibilities of reforming existing laws so as to make feasible a system of single administration of decedents' estates. This analysis is …