Common Law Commons^™

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …

Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd

Texas A&M Law Review

Funding higher education is among the critical financial decisions made by individuals and families. There are myriad options. Yet, the conventional wisdom—namely using Section 529 Plans—may not be the optimal vehicle to effectuate this goal. Therefore, this Article discusses various strategies to plan, save, and pay for higher education. It compares various savings methods including gifts, UTMA accounts, Section 529 Plans, trusts, and other vehicles. The analysis explores both tax and non-tax considerations, including the effect of different strategies on financial aid, transaction costs, investor control, income taxes, gift and estate taxes, flexibility, and creditor protection. This Article concludes that …

Cases And Case-Lawyers, Richard A. Danner

Faculty Scholarship

In the nineteenth century, the term “case-lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case-lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about caselawyers increased with the significant growth in the amount …

Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak

Scholarly Works

This case illustrates why municipal lawyers might want to review their high school mathematics lessons about set theory before drafting statutes. The application of set theory—particularly in the form of Venn diagrams—can help to prevent ambiguity of language in statutory construction. It is this ambiguity that gives rise to differences in interpretation, and these differences frequently lead to litigation over the meaning of a statute.

Remedies Reveals The Seamless Web, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Remedies is a course that consolidates many of the concepts learned in the first year of law school and some from the second. A typical Remedies course will reintroduce principles from constitutional law, compare and contrast torts and contracts, and apply criminal concepts in civil contexts. Teaching Remedies can be both challenging and rewarding. Challenging because it crosses a wide variety of subject areas. Rewarding because it weaves a variety of subject areas into the "seamless web" of the law, eliciting from students an occasional "aha." Early classes in law school tend to separate courses into discrete subject areas, …

Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera

Pepperdine Law Review

No abstract provided.

The Simplification Of Private Law, Andrew Kull

Journal of Legal Education

No abstract provided.

Learning To Be A Legal Historian: Reflections Of A Nontraditional Student, Jonathan Rose

Journal of Legal Education

No abstract provided.

The Determinants Of Legal Doubt, Frederick Schauer

Michigan Law Review

A Review of The Case Law System in America by Karl N. Llewellyn

The Semantics Of Common Law Predicates, M.B. W. Sinclair

Indiana Law Journal

Symposium: Semiotics, Dialectic, and the Law Held at Indiana University School of Law - Oct. 13, 1984

"Appropriate And Just": Section 24 Of The Canadian Charter Of Rights And Freedoms And The Question Of Judicial Legitimacy, W A. Bogart

Dalhousie Law Journal

At the heart of procedural law lie questions concerning the role of courts in a liberal democratic state. What is the essence of their function? What is the proper relationship between the judiciary and other governmental institutions? What is the well-spring for values with which courts can make law? The questions are perennials and will be asked so long as there is interest in the workings and malfunctions of all aspects of government. Courts, like all institutions of government, are continually being assessed on their own terms and in relation to other branches. In Canada this examination has received a …

Developments In Legal Education, Faculty Of Law, Civil Law Section, University Of Ottawa, Raymond A. Landry

Dalhousie Law Journal

The present Faculty of Law of the University of Ottawa was inaugurated in 1953, although law had been taught at the Institution from 1887 to shortly before the First World War. This first venture in the teaching of the law was addressed to students both from Ontario and Quebec and the objective of the Faculty, at that time, was to teach both legal systems and to prepare students for the practice of law in both provinces. We will endeavour to present the developments in legal education from the perspective of the Civil Law Section although, unavoidably, the presence of the …

Our Legal System And How It Operates, Burke W. Shartel

Michigan Legal Studies Series

Five lectures delivered at the University of Michigan February 23, 24, 25, 26, and 27, 1948 on the Thomas M. Cooley Lectureship, enlarged and revised.

First, it is descriptive of the American legal system as it now exists, not of past law and not of legal systems in general. Second, it portrays the legal system as an operating institution. Third, I have given a large place to the discussion of language in relation to law. Fourth, I have given a considerable amount of space to a discussion of the ways in which statutes are made and interpreted. Fifth, technical ideas …

Corporations-Sale Of All Or Substantially All Of Corporate Assets-Effect Of Modern Statutes, P. F. Westbrook, Jr. S.Ed.

Michigan Law Review

Modern general corporation acts commonly provide that a sale of all or substantially all of the assets of a corporation organized thereunder may be authorized by the affirmative vote of a specified proportion of the outstanding shares and made upon such terms as the board of directors shall deem expedient and for the best interests of the corporation. Since this sale provision usually stands apart from the dissolution or winding-up process authorized in the same acts, a legislative intent to govern all voluntary sales, not actually incident to dissolution by the terms of the statute would seem to be clear. …

Book Review. Gavit, B.C., Cases And Materials On An Introduction To Law And The Judicial Process, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Trusts-Restated And Rewritten, Harry W. Vanneman

Michigan Law Review

Two books were published during the past year which are of the greatest importance to those of the legal profession who are interested in the law of trusts. Professor Bogert's seven volumes appeared first, followed shortly by The Restatement of the Law of Trusts by the American Law Institute, of which Professor Scott, of the Harvard Law School, was the reporter. Professor Bogert, of the University of Chicago Law School, was a member of the Institute's Committee on Trusts. Since 1927, therefore, when the Institute began work on the Restatement of Trusts, Professor Bogert apparently has been working …

Cases On Procedure, Annotated. Common Law Pleading, Edson R. Sunderland

Books

“No subject is more intimately connected with the history and development of our law than common law pleading. In sharp contrast with the other great system of law, that founded by the Romans, the common law has not been the product of legislation, but of litigation. It has grown up in the atmosphere of courts of justice. Such a genesis would necessarily give it a strong procedural favor, and would tend to emphasize remedies at the expense of rights. Procedure might therefore be expected to play a much larger part in the development of the common law than in the …

Cases On Procedure, Annotated. Code Pleading, Edson R. Sunderland

Books

“In the present volume on Code Pleading, the editor has aimed to present the subject, in all of its more important features, as a complete working system of pleading. The code has frequently been treated as the mere ‘antithesis’ of common law pleading, and this has resulted in throwing the subject completely out of balance by unreasonably extending the discussion of those elements which are ‘characteristic’ of the code, while unduly restricting or entirely ignoring those principles which the code shares with the common law….

“The student should be able to obtain a clear conception of the system as a …

Decisions, Statutes, & C., Concerning The Law Of Estates In Land, John R. Rood

Books

“The following pages have been printed from the notes made from time to time while preparing to conduct exercises in the first course on real property at the University of Michigan, using Blackstone’s Commentaries on the text.… In this edition several typographical errors in the first impression have been discovered and corrected. The scope of the work has also been extended by numerous additions throughout, and by inserting the chapters on uses, trusts, and powers, which did not appear in the first edition.

JOHN R. ROOD

Dated, Ann Arbor, February 25th, 1910” --Preface.

Decisions, Statutes, & C., Concerning The Law Of Estates In Land, John R. Rood

Books

“The following pages have been printed from the notes made from time to time while preparing to conduct exercises in the first course on real property at the University of Michigan, using Blackstone’s Commentaries on the text. The design has been to present the great monuments which mark epochs in the various branches on the subject, with only an occasional late example… The present is a temporary edition, made to try out the serviceability of such a book by use in class… The editing has been rather hurriedly done, and the charity of the reader is requested.” --Preface

A Digest Of Important Cases On The Law Of Crimes, John R. Rood

Books

“In selecting the cases to be abridged, an effort has been made to choose those that have drawn the most attention, comment, and citation. The reputation of each case is shown to the reader in part by reference to the various collections of important cases on crimes which have been included….”--Preface.

Outlines Of The Law Of Bailments And Carriers, Edwin C. Goddard

Books

The Outlines of Bailments and Carriers form part of a complete work on that subject intended for the use of classes in law schools. The other part, which is nearly ready for publication, consists of select cases illustrating and amplifying principles stated in the Outlines. It is the purpose of the Outlines not only to state the foundation principles of the subject, but to put these in orderly and consecutive form in order that the student may have an opportunity to see the subject as a whole. It is believed that any study of the cases without some such connected …

Equity 1900-1901 3rd Year, Donald Frank Matheson

Thompson Rare Book Collection

This notebook was used by D. Frank Matheson, an alumnus of Dalhousie Law School, Class of 1901, in his third year Equity Law class.

The Matheson Notebooks are a collection of seven bound notebooks used by Frank Matheson during his time at Dalhousie School of Law between 1898 and 1901. In 2018, they were found in the basement of a Lunenburg law firm and donated to Schulich School of Law. There are two or three notebooks from each year of Matheson’s studies, ranging slightly in size and style. The notebooks have pages made from linen rags, are bound with paper …

Equity: 1899-1900 Second Year, Donald Frank Matheson

Thompson Rare Book Collection

This notebook was used by D. Frank Matheson, an alumnus of Dalhousie Law School, Class of 1901, in his second year Equity Law class.

The Matheson Notebooks are a collection of seven bound notebooks used by Frank Matheson during his time at Dalhousie School of Law between 1898 and 1901. In 2018, they were found in the basement of a Lunenburg law firm and donated to Schulich School of Law. There are two or three notebooks from each year of Matheson’s studies, ranging slightly in size and style. The notebooks have pages made from linen rags, are bound with paper …

A Manual Of Equity Pleading And Practice, Bradley M. Thompson

Books

The following manual is intended simply as an introduction to the study of Equity Pleading and Practice, and to the course of lectures delivered upon that subject. The manual has been divided into lectures for the purposes of indicating the ground which a particular lecture will cover. It is expected that the student will master the printed synopsis before attending a given lecture.

Materials Of Jurisprudence, James V. Campbell

Articles

This period is marked by rather more strenuous efforts than have been made before in this country, to solve the problem of condensing and simplifying the law. Our own day is peculiar in the endeavors we have seen to evolve what is claimed to be a science of jurisprudence. Some admirable writers have succeeded in dividing the domain of law into its larger or smaller fields, and have shown with more or less fulness the relative positions of these, and their mutual dependence. This is a valuable service; for all lawyers know that, without a reasonably clear perception of the …