Common Law Commons^™

The Common Law: An Account Of Its Reception In The United States, Ford W. Hall

Vanderbilt Law Review

The story of the extent to which the common law of England has been received and applied in the United States, is one of the most interesting and important chapters in American legal history. However, many courts and writers have shown a tendency simply to say that our colonial forefathers brought the common law of England with them, and there has often been little or no inclination to look further into the question. Nevertheless, the problem of the reception of the common law in America has at various times occupied the attention of many of our most eminent jurists and …

Actions For Wrongful Death In Tennessee, William T. Gamble

Vanderbilt Law Review

Familiar to most lawyers is the bit of law-lore to the effect that the reason the earliest Pullman cars were so constructed that passengers slept with their heads towards the front of the train was so that they would be killed rather than merely injured if an accident occurred.' Although the reason assigned for the Pullman Company's practice is purely fictitious the logic of the fiction is sound, for the common law gave no civil action for a wrongfully inflicted injury if death occurred before a judgment was recovered, and it thus was cheaper to kill a person than to …

Bases For Master's Liability And For Principal's Liability To Third Persons, Merton Ferson

Vanderbilt Law Review

The law with regard to principal and agent grew up as part and parcel of the law of contracts. The law with regard to master and servant grew up as part and parcel of the law of torts. Each one takes its origin far back in the history of the common law.

Agents were used in an early day to effect livery of seisin, to create covenants, and to carry on commercial transactions. The terms "principal" and "agent" may be of modern origin. But the power of one person to bind another in legal transactions was familiar in the days …

Interpretation Of Statutes In Derogation Of The Common Law, Jefferson B. Fordham, J. Russell Leach

Vanderbilt Law Review

The tendency of the lex scripta to supplant the lex von scripta has carried far since Roscoe Pound published his provocative paper on "Common Law and Legislation" in 1908. One can note at the same time indications that statute law is being received with much less hostility. The surprising thing, however, is that legislation in general is not at this day getting a far more sympathetic reception by lawyers and judges. Clearly they make up the professional group which has the largest share in the drafting and enactment of statutes. In actual practice, moreover, lawyers are given to committing private …

The Interpretation Of Statutes In Modern British Law, W. Friedmann

Vanderbilt Law Review

Mr. Justice Frankfurter recently said that the number of cases coming before the Supreme Court of the United States which were not based on statutes was "reduced almost to zero." This growth of statutory as against pure case law is, of course, not confined to the United States. It inevitably accompanies the social welfare state and the increase in government which every modern industrial society has experienced and which two world wars, with their need for the total mobilization of resources, have further stimulated. Apart from these sociological factors which affect states with the most different legal systems, it is …

The Intentional Murder At Common Law And Under Modern Statutes, A. Singleton Cagle

Kentucky Law Journal

No abstract provided.

The Tennessee Law Of Arrest, Rollin M. Perkins

Vanderbilt Law Review

The many sections in the Tennessee Code' dealing with arrest constitute an incomplete codification of the common law of this subject modified by some important changes. This statutory material leaves the common law in full force wherever it is either silent on the particular point or merely restates the preexisting rule. Those sections which produce results different from those found under the unwritten law leave the latter in the realm of matters having historical interest only, as far as the law of this state is concerned. The purpose of this undertaking is to depict the present law of Tennessee on …

Our Changing Common Law, Ole E. Wyckoff

West Virginia Law Review

No abstract provided.

Cause In The Civil Law And Consideration In The Common: Much Ado About Nothing, Robert L. Henry

Kentucky Law Journal

No abstract provided.

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.

Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

The Common Law Of Legislation, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Husband And Wife As Statutory Heirs, Paul L. Sayre

Articles by Maurer Faculty

No abstract provided.

Anomalous Growth Of The Common Law -- The Anglo-American Quest For Justice, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Some Myths Of The Law, Walter Clark

Michigan Law Review

When I was a child, I spake as a child, I understood as a child, I thought as a child; but when I became a man, I put away childish things." These words of the great Apostle to the Gentiles apply to every calling and to every profession under the sun save only that of the law.

Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland

Articles

AlI laws concerning property rights are based upon the broad - doctrine that every person who owns property may dispose of the same as he sees fit. The right of disposal of property is inseparably united to the right of property itself, and indeed is an essential element of the concept of property. It might even serve as a definition of property, viewing property as that which one may dispose of,-a definition too general, it is true, for practical purposes, but undoubtedly a correct and valuable metaphysical theorem