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Jurisprudence

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Articles 31 - 51 of 51

Full-Text Articles in Common Law

The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter Nov 1992

The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter

Cardozo Law Review

No abstract provided.

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Open Justice In A Closed Legal System?, Bernhard Schlink Mar 1992

Open Justice In A Closed Legal System?, Bernhard Schlink

Cardozo Law Review

No abstract provided.

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Comment On Fenves And Heller, M. M. Slaughter Dec 1991

Comment On Fenves And Heller, M. M. Slaughter

Cardozo Law Review

No abstract provided.

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The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam Jun 1991

The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam

Cardozo Law Review

No abstract provided.

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A Comparative Study, United States/France, Of The Impact Of Functionalism As A New Choice Of Law Process To Determine The Law Governing International Contracts, Anne Schiellein Jan 1991

A Comparative Study, United States/France, Of The Impact Of Functionalism As A New Choice Of Law Process To Determine The Law Governing International Contracts, Anne Schiellein

LLM Theses and Essays

This thesis compares the evolution of law theory in the United States and France, focusing the notions of functionalism and conceptualism respectively. There is an emphasis on the independent development of both approaches originating from a need to resolve issues pertaining to conflicting law problems and societal needs. The thesis also highlights that the continual practice of both theories is not independent and summarizes the notion that “functionalism can be an answer where conceptualism fails to provide a solution” to establish that comparing the impact of functionalism as a new choice of law process to determine the law governing international …

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Professor Brudner's Crisis, Ernest J. Weinrib Feb 1990

Professor Brudner's Crisis, Ernest J. Weinrib

Cardozo Law Review

No abstract provided.

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Professor Weinrib's Coherence, Alan Brudner Feb 1990

Professor Weinrib's Coherence, Alan Brudner

Cardozo Law Review

No abstract provided.

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Hegel's Legal Plenum, Arthur J. Jacobson Mar 1989

Hegel's Legal Plenum, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

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Hegelian Vanity, Common Law Humility: On Legal Theory, Its Expression, And Its Criticism, Thomas M. Eisele Mar 1989

Hegelian Vanity, Common Law Humility: On Legal Theory, Its Expression, And Its Criticism, Thomas M. Eisele

Cardozo Law Review

No abstract provided.

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A Comment On "Hegel's Legal Plenum", Agnes Heller Mar 1989

A Comment On "Hegel's Legal Plenum", Agnes Heller

Cardozo Law Review

No abstract provided.

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The Rationality Of The Common Law, H. Jefferson Powell Jan 1989

The Rationality Of The Common Law, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

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English Common Law In Virgina, William Hamilton Bryson Jan 1985

English Common Law In Virgina, William Hamilton Bryson

Law Faculty Publications

By statute the common law of England is the basis of the common law of modern Virginia. This reception statute refers to the customary, unwritten law of the kingdom of England, but only that part which was general and common to all parts of England. That the English common law is the foundation of the law of Virginia is a matter not merely of a modern statute but also of history and reason.

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Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett Jan 1984

Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett

Cardozo Law Review

No abstract provided.

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Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman Jan 1984

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.

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The Reason Of The Common Law, Barbara A. Singer Sep 1983

The Reason Of The Common Law, Barbara A. Singer

University of Miami Law Review

Although the present meaning of reason has been reduced to discrete definitions, precise interpretations did not exist in medieval England. Rather, reason was defined by its role in the adjudicatory process. During the late medieval period, reason came to embody the very essence of the common law as courts recognized that it could be used to prevent procedural rules from infringing upon substantive rights. Relying upon Year Book cases and jurisprudential works, the author describes how the chameleon-like character of reason helped to shape the medieval English common law.

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Professor D'Amato On Law And Custom: A Rejoinder, Ernest Nagel Jan 1981

Professor D'Amato On Law And Custom: A Rejoinder, Ernest Nagel

Cardozo Law Review

No abstract provided.

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The Moral Element In Cardozo's Jurisprudence, Stanley C. Brubaker Jan 1979

The Moral Element In Cardozo's Jurisprudence, Stanley C. Brubaker

Cardozo Law Review

No abstract provided.

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Book Review, Igor I. Kavass Jan 1978

Book Review, Igor I. Kavass

Vanderbilt Journal of Transnational Law

The limited use of American case law in the Commonwealth countries should not be surprising. With the exception of English cases, the decisions of other Commonwealth countries receive the same indifferent treatment in all Commonwealth jurisdictions; the English courts studiously ignore the decisions of other Commonwealth countries. For that matter, American courts do not consult the case law of English and other Commonwealth countries all too frequently. Espinoza v. Farah Manufacturing Co. is a recent example in point. In that case, the Supreme Court was asked to interpret the meaning of the terms "nationality" and "national origin" as used. in …

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The Interpretation Of Statutes In Modern British Law, W. Friedmann Apr 1950

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 …

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Our Changing Common Law, Ole E. Wyckoff Dec 1941

Our Changing Common Law, Ole E. Wyckoff

West Virginia Law Review

No abstract provided.

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Essays In Jurisprudence And The Common Law, Jeff B. Fordham Apr 1931

Essays In Jurisprudence And The Common Law, Jeff B. Fordham

West Virginia Law Review

No abstract provided.

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