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Articles 151 - 180 of 193
Full-Text Articles in Comparative and Foreign Law
European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber
European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber
All Faculty Scholarship
No abstract provided.
The Importance Of 'Nutshells', Alan Watson
The Importance Of 'Nutshells', Alan Watson
Scholarly Works
In modern legal systems, common law and civil law alike, and their spread over many territories in several continents, are inconceivable without the input of Nutshells often written in far-off times and in far-away places. I also want to show that the history of Nutshells vividly illumines themes that I have pressed for decades.3 First, they demonstrate the easy transmissibility of legal rules, institutions, concepts and structures from one society to other, very different, ones. Second, they indicate the frequent longevity of such rules, institutions, concepts and structures. Third, their very success is attributable to the lack of interest by …
Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber
Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber
All Faculty Scholarship
No abstract provided.
Foreword: O Canada, William W. Van Alstyne
Foreword: O Canada, William W. Van Alstyne
Faculty Publications
This forward, written ten years after the adoption of the Constitution of Canada, draws sharp comparisons between Canada’s constitution and the United States’ original governing document, the Articles of Confederation.
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 …
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Articles & Chapters
This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …
Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber
Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber
All Faculty Scholarship
No abstract provided.
A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson
A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson
Scholarly Works
In this paper I want to look at four approaches to deciding a case in different societies-contemporary England, uncodified civil or 'mixed' law systems (with an example from 17th century Scot-land and another from early 20th century South Africa), 19th century France after codification, 15th century Germany with a glance at 13th and 14th century Spain-where the attempt is made each time to reach the correct decision by applying the mental process thought most appropriate. None of the approaches examined here is result-oriented, and to outsiders, especially to lawyers brought up in a different legal culture, the mental process seems …
Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker
Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Civil Appeals: English And American Approaches Compared, Delmar Karlen
Civil Appeals: English And American Approaches Compared, Delmar Karlen
William & Mary Law Review
No abstract provided.
English Natural Justice And American Due Process: An Analytical Comparison, Frederick F. Shauer
English Natural Justice And American Due Process: An Analytical Comparison, Frederick F. Shauer
William & Mary Law Review
No abstract provided.
Control Of Concentrations In The European Economic Community: Evolving Restrictions On The Urge To Merge, Stephen F. Smith
Control Of Concentrations In The European Economic Community: Evolving Restrictions On The Urge To Merge, Stephen F. Smith
Villanova Law Review (1956 - )
No abstract provided.
Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson
Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson
Villanova Law Review (1956 - )
No abstract provided.
Legislative Conflicts Of Interest - An Analysis Of The Pennsylvania Legislative Code Of Ethics, James A. Shellenberger, Richard B. Hardt
Legislative Conflicts Of Interest - An Analysis Of The Pennsylvania Legislative Code Of Ethics, James A. Shellenberger, Richard B. Hardt
Villanova Law Review (1956 - )
No abstract provided.
Local Government Action In The Control Of Environmental Pollution In The Commonwealth Of Pennsylvania, Dennis W. Alexander
Local Government Action In The Control Of Environmental Pollution In The Commonwealth Of Pennsylvania, Dennis W. Alexander
Villanova Law Review (1956 - )
No abstract provided.
Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander
Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander
Villanova Law Review (1956 - )
No abstract provided.
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
Villanova Law Review (1956 - )
No abstract provided.
A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich
A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich
Villanova Law Review (1956 - )
No abstract provided.
Prejudicial Publicity And The Fair Trial: A Comparative Examination Of American, English And Commonwealth Law, Addison C. Harris Memorial Lecture, Zelman Cowen
Indiana Law Journal
Address delivered on January 21, 1965 at Indianapolis, Indiana as an Addison C. Harris Memorial Lecture.
Whither Communist-Led Society? An Approach Through Property Law, John N. Hazard
Whither Communist-Led Society? An Approach Through Property Law, John N. Hazard
Indiana Law Journal
No abstract provided.
Book Reviews, Robert G. Dixon Jr., Russell J. Weintraub, Henry G. Manne, Micheal H. Cardozo, Clarence J. Morrow, W. Paul Gormley, Carl E. B. Mckenry Jr.
Book Reviews, Robert G. Dixon Jr., Russell J. Weintraub, Henry G. Manne, Micheal H. Cardozo, Clarence J. Morrow, W. Paul Gormley, Carl E. B. Mckenry Jr.
Journal of Legal Education
No abstract provided.
Book Reviews, Joseph Trachtman, Philip A. Trautman, Arthur Larson, A. Kenneth Pye, Walter F. Murphy, Norman Redlich, Leroy Kahn, Edwin W. Patterson, Frederick M. Hart, Curtis J. Berger, Wallace R. Bennett, W. W. Patterson
Book Reviews, Joseph Trachtman, Philip A. Trautman, Arthur Larson, A. Kenneth Pye, Walter F. Murphy, Norman Redlich, Leroy Kahn, Edwin W. Patterson, Frederick M. Hart, Curtis J. Berger, Wallace R. Bennett, W. W. Patterson
Journal of Legal Education
No abstract provided.
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
Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig
Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig
Journal of Legal Education
No abstract provided.
Government, Law And Courts In The Soviet Union And Eastern Europe, Edited By Vladimir Gsovski And Kazimierz Grzybowski, Jurij Fedynskyj
Government, Law And Courts In The Soviet Union And Eastern Europe, Edited By Vladimir Gsovski And Kazimierz Grzybowski, Jurij Fedynskyj
Indiana Law Journal
No abstract provided.
The Law Of Real Property In England And The United States: Some Comparisons, Francis R. Crane
The Law Of Real Property In England And The United States: Some Comparisons, Francis R. Crane
Indiana Law Journal
Address delivered at the Indiana University School of Law, Bloomington, Indiana, January 30, 1961, sponsored by the Indiana University School of Law as the first of the 1961 Addison C. Harris Memorial Lectures.
Book Review, Julius Cohen, Edgar Bodenheimer, Alfred Hill, Judson F. Falknor, Max Rheinstein, Richard F. Scott, Dexter Delony, W. Paul Gormley, Maurice H. Merrill, Norman Bursler, Neil N. Bernstein
Book Review, Julius Cohen, Edgar Bodenheimer, Alfred Hill, Judson F. Falknor, Max Rheinstein, Richard F. Scott, Dexter Delony, W. Paul Gormley, Maurice H. Merrill, Norman Bursler, Neil N. Bernstein
Journal of Legal Education
No abstract provided.
The Approach To German Law, Max Rheinstein
The Approach To German Law, Max Rheinstein
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.
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.
The Approach To French Law, Frederick H. Lawson
The Approach To French Law, Frederick H. Lawson
Indiana Law Journal
This article is from the lecture series, Problems in Comparative Law, delivered at the Indiana University School of Law in March and April, as the 1959 Addison C. Harris Memorial Lectures.