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Articles 1351 - 1380 of 1403
Full-Text Articles in Jurisprudence
The Straw Man Of Legal Positivism, Thomas F. Broden
The Straw Man Of Legal Positivism, Thomas F. Broden
Journal Articles
The typical view of many lawyers, philosophers, theologians and other thoughtful persons toward a so-called school of jurisprudence generally known as legal positivism is one of condemnation. According to this typical view legal positivism is a well developed philosophy of law the main tenets of which are that might makes right and that law and state sovereignty are absolute and not subject to independent moral evaluation. Needless to say this assumed jurisprudential view is roundly indicted, deplored and declaimed against with vigor and venom. We are warned that legal positivists are insidious termites threatening the very foundation of our law, …
Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.
Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.
Michigan Law Review
In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions.
Book Review. Friedrich, C. J., The Philosophy Of Law In Historical Perspective, Jerome Hall
Book Review. Friedrich, C. J., The Philosophy Of Law In Historical Perspective, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Present Position Of Jurisprudence In The United States, Jerome Hall
The Present Position Of Jurisprudence In The United States, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Reason And Reality In Jurisprudence, Jerome Hall
Reason And Reality In Jurisprudence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Civil Procedure On The American Frontier, William Wirt Blume
Civil Procedure On The American Frontier, William Wirt Blume
Michigan Law Review
The Treaty of Greenville (1795) by which Indian tribes of the Northwest Territory ceded to the United States the eastern and southern parts of the area which later became the state of Ohio, provided that certain small areas north and west of the treaty line should also be ceded.
Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann
Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann
Michigan Law Review
Interest here is concentrated on full faith and credit for public acts. But what led to insertion of the command respecting public acts cannot be divorced historically from the study of the command of full faith for judgments. The whole field, therefore, has been included in the reexamination. Clarifications obtainable on the "judgments" side, it will be seen, help also on the "public acts" side. On both sides there are historical facts which deserve greater attention than has been hitherto given, and if, as a result, some of the myths surrounding the' Lawyers Clause are exploded, the rethinking may have …
Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller
Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller
Michigan Law Review
The rule-making power of the courts in the United States is is brought into focus wherever procedural reform is undertaken. As more and more states have undertaken rev1s1on of judicial procedures, the power and authority of courts to promulgate rules of practice and the definition of the scope of such rules have claimed increasingly the attention of legal writers. This trend can be attributed in part to a growing realization that statutes governing practice and procedure in courts, enacted by legislatures meeting every year or two, have failed to achieve that minimum standard in the administration of justice necessary to …
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Michigan Law Review
A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.
The Conservative Mind, By Russell Kirk, Byrum E. Carter
The Conservative Mind, By Russell Kirk, Byrum E. Carter
Indiana Law Journal
No abstract provided.
The Principle And Price Of A Living Law, Joseph C. Hutcheson, Jr.
The Principle And Price Of A Living Law, Joseph C. Hutcheson, Jr.
Washington and Lee Law Review
No abstract provided.
The Law Review-Its First Fifty Years, E. Blythe Stason
The Law Review-Its First Fifty Years, E. Blythe Stason
Michigan Law Review
A memorial issue commemorating fifty years of the Michigan Law Review would not be complete without at least a brief glance at some of the historical record.
Reuschlein: Jurisprudence-Its American Prophets., S. I. Shuman
Reuschlein: Jurisprudence-Its American Prophets., S. I. Shuman
Michigan Law Review
A Review of JURISPRUDENCE-ITS AMERICAN PROPHETS. A Survey of Taught Jurisprudence. By Harold Gill Reuschlein.
Book Review. Pound, Roscoe, Justice According To Law, Ralph F. Fuchs
Book Review. Pound, Roscoe, Justice According To Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall
Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Challenge Of Jurisprudence: To Build A Science And Philosophy Of Law, Jerome Hall
The Challenge Of Jurisprudence: To Build A Science And Philosophy Of Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Law-As I See It, E. Barrett Prettyman
The Law-As I See It, E. Barrett Prettyman
Washington and Lee Law Review
No abstract provided.
Book Review. Cohen, M. R., Reason And Law, Jerome Hall
Book Review. Cohen, M. R., Reason And Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.
Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.
Michigan Law Review
The most amusing maxim of equity is "He who comes into Equity must come with clean hands." It has given rise ,to many interesting cases and poor jokes. The maxim has been regarded as an especially significant manifestation of the ethical attitude of equity as contrasted with the common law. Pomeroy, for instance, argues that the principle involved in this maxim is "merely the expression of one of the elementary and fundamental conceptions of equity jurisprudence." Pomeroy's theory is that chancery has power to force a defendant to comply with the dictates of conscience as to matters outside the strict …
Founding Fathers And The Natural Law: A Study Of The Source Of Our Legal Institutions, The, Clarence Emmett Manion
Founding Fathers And The Natural Law: A Study Of The Source Of Our Legal Institutions, The, Clarence Emmett Manion
Journal Articles
Where did the Founding Fathers get the principles upon which they established our government? What was the source of their faith? The bedrock of their convictions? What was the political evolution of our Constitution? The legal philosophy of our Bill of Rights? The discussion of these questions by Dean Manion is timely for it is necessary now to make soundings and take bearings if the Ship of State is to continue on its true course. Whereas the Revolution of 1688 brought the doctrine of parliamentary sovereignty to England, the American colonists resisted that doctrine and adhered to the true natural …
Book Review. Ross, A., Towards A Realistic Jurisprudence, Jerome Hall
Book Review. Ross, A., Towards A Realistic Jurisprudence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Concerning The Nature Of Positive Law, Jerome Hall
Concerning The Nature Of Positive Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Liberty Against Government: The Rise, Flowering And Decline Of A Famous Juridical Concept, By By Edward S. Corwin, John P. Frank
Liberty Against Government: The Rise, Flowering And Decline Of A Famous Juridical Concept, By By Edward S. Corwin, John P. Frank
Indiana Law Journal
No abstract provided.
A Note On Samuel Pufendorf, Anton-Hermann Chroust
A Note On Samuel Pufendorf, Anton-Hermann Chroust
Vanderbilt Law Review
The work of Samuel Pufendorf was certainly the outstanding influence on continental legal philosophy during the second half of the seventeenth and throughout the eighteenth centuries. From his work comes the supposedly authoritative notion that scientific natural law and, hence, true legal philosophy as such, began with Hugo Grotius. What he actually meant to say was that Hugo Grotius had secularized the natural law, that is, he had divorced it from moral theology and put it on a non-theological--and, we may surmise--on a non-ethical basis.
Reappraisal Of Federal Question Jurisdiction, G. Merle Bergman
Reappraisal Of Federal Question Jurisdiction, G. Merle Bergman
Michigan Law Review
For some time I have been reading and listening to criticisms directed toward decisions which the Supreme Court has rendered in cases involving federal question jurisdiction. The general 'tenor of this criticism is that these decisions demonstrate a surprising lack of uniformity and conscious purpose. Writers profess to search in vain for sound logic in the Court's opinions. They point up instead the anomaly which is reflected when cases involving a substantial federal issue are tried in state courts, while those in which no real federal issue is involved are nevertheless accepted for trial in the federal courts. This result, …
Precedent In Past And Present Legal Systems, C. Sumner Lobingier
Precedent In Past And Present Legal Systems, C. Sumner Lobingier
Michigan Law Review
The prevailing notion that stare decisis is peculiar to the Anglican Legal System is quite provincial and far from correct. On the contrary, the principle is inherent in every legal system, at least in its primitive stage; for the earliest form of law is custom, and the "core of custom" is precedent, not necessarily judicial, but something quite as authoritative.
Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin
Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin
Michigan Law Review
When Justice Oliver Wendell Holmes filed his brief dissenting opinion in Lochner v. New York in 1905 he must have noticed something new on the American horizon. In this now famous opinion he initiated the first steps which were to usher in a new era in American jurisprudence. "General propositions do not decide concrete cases," he announced with axiomatic brevity and, thus, gave the first telling blow to what may well be termed "introspective jurisprudence." This generalization on the subject of generality was followed in the opinion by a more concrete application, the implementing assertion that a reasonable man might …
American Philosophy Of Law, Clarence Emmett Manion
American Philosophy Of Law, Clarence Emmett Manion
Journal Articles
America’s philosophy of law is a rich heritage sculpted by the American Revolution. The bold aspirations of the Declaration of Independence, which advances notions of inalienable, God-given rights find more mild-mannered forms in our Constitution. However, this prevailing concept is what makes our legal and political environment distinct from our English forebears.
Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes
Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes
Michigan Law Review
It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.
Book Review. Radin, M., Law As Logic And Experience, Jerome Hall
Book Review. Radin, M., Law As Logic And Experience, Jerome Hall
Articles by Maurer Faculty
No abstract provided.