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Articles 931 - 960 of 960
Full-Text Articles in Jurisprudence
Comments On Carlson's Comments, John L. Hanks
Comments On Carlson's Comments, John L. Hanks
Cardozo Law Review
No abstract provided.
The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow
The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow
Faculty Scholarship
No abstract provided.
The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review
The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review
Michigan Law Review
This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of proof must …
The Florida Industrial Development Bond Financing Act: The Need For Judicial Consistency, Dennis Scholl, Marc D. Jimenez
The Florida Industrial Development Bond Financing Act: The Need For Judicial Consistency, Dennis Scholl, Marc D. Jimenez
Florida State University Law Review
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Creation Science And Mclean V. Arkansas Board Of Education: The Hazards Of Judicial Inquiry Into Legislation Purpose And Motive, Morell E. Mullins
Creation Science And Mclean V. Arkansas Board Of Education: The Hazards Of Judicial Inquiry Into Legislation Purpose And Motive, Morell E. Mullins
University of Arkansas at Little Rock Law Review
No abstract provided.
Judicial Legislation, Anthony D'Amato
An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.
An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.
Publications
The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.
Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine
Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine
Articles
The ethos of the labor movement cuts against the American grain at several points. Our national instinct, reflected in many statutes and much judge-made law, is to exalt the rugged individualist over the anonymous group, to favor wide-open competition rather than a controlled market, and to prize the right of each person to remain aloof from the quarrels and concerns of his neighbors. It is not for nothing that our most universal folk hero is the frontiersman, who proudly stands alone and self-sufficient. Yet the ordinary workingman does not have the capacity to assume that heroic stance. For him strength …
Preventable Law And Family Law: Pre-Marital Phases And Purposes, James F. Falco
Preventable Law And Family Law: Pre-Marital Phases And Purposes, James F. Falco
Villanova Law Review (1956 - )
No abstract provided.
Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney
Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney
Villanova Law Review (1956 - )
No abstract provided.
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Michigan Law Review
It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.
Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume
Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume
Michigan Law Review
The Northwest Ordinance of 1787 made provisions for legislation by the territorial government in two stages: (1) adoption of laws by the governor and judges from the laws of the original states, and (2) enactment of statutes by a legislature made up of the governor, a council, and elected representatives. The first method was to be followed until the population should reach 5,000 and the second method thereafter. The present study is limited to the first stage.
Book Reviews, O. Kahn-Freund, Saul Medlovitz, Charles D. Kelso, J. Francis Paschal, Thomas A. Cowan, Lowell Turrentine, Richard S. Sullivan, G. Robert Ellegaard, Richard Arens, Ilmar Tammelo, J. Myron Jacobstein, Paul O. Proehl
Book Reviews, O. Kahn-Freund, Saul Medlovitz, Charles D. Kelso, J. Francis Paschal, Thomas A. Cowan, Lowell Turrentine, Richard S. Sullivan, G. Robert Ellegaard, Richard Arens, Ilmar Tammelo, J. Myron Jacobstein, Paul O. Proehl
Journal of Legal Education
No abstract provided.
New Ideas In Legislation: Practical Jurisprudence, Moot Legislature, Law Revision Committee, Charles D. Kelso
New Ideas In Legislation: Practical Jurisprudence, Moot Legislature, Law Revision Committee, Charles D. Kelso
Journal of Legal Education
No abstract provided.
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 …
Book Reviews, Julius Stone, Harold Gill Reuschlein, Elvin R. Latty, Pendleton Howard, Hardy C. Dillard, Louis Loss, Jerre Stockton Williams, Paul Sayre, Robert Kingsley, Warren M. Ballard, Mason Ladd, Robert Braucher, Robert B. Mckay, Robert H. Wettach
Book Reviews, Julius Stone, Harold Gill Reuschlein, Elvin R. Latty, Pendleton Howard, Hardy C. Dillard, Louis Loss, Jerre Stockton Williams, Paul Sayre, Robert Kingsley, Warren M. Ballard, Mason Ladd, Robert Braucher, Robert B. Mckay, Robert H. Wettach
Journal of Legal Education
No abstract provided.
Federal Civil Rights Legislation And The Constitution, Frank K. Sloan
Federal Civil Rights Legislation And The Constitution, Frank K. Sloan
South Carolina Law Review
No abstract provided.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Judicial Council Bill Becomes Law
Legislative Regulations, A Study Of The Ways And Means Of Written Law, George A. Shipman
Legislative Regulations, A Study Of The Ways And Means Of Written Law, George A. Shipman
West Virginia Law Review
No abstract provided.
Judgment-Action Upon-Application Of Statute Of Limitations
Judgment-Action Upon-Application Of Statute Of Limitations
Indiana Law Journal
No abstract provided.
Methods Of Legal Reform, Charles E. Clark
Methods Of Legal Reform, Charles E. Clark
West Virginia Law Review
No abstract provided.
The Lien Of Federal Judgments And Decrees, Charles P. Wattles
The Lien Of Federal Judgments And Decrees, Charles P. Wattles
Indiana Law Journal
Editor's note:-In view of the probability of the present General Assembly's remedying the situation discussed in this article, the author felt that the time for publishing it had passed. The editor believes that the article, with its complete presentation of the history of the Federal statutes dealing with Federal liens, and its clarifying discussion of the decisions of the Federal courts pertinent thereto, will be of great value to the profession, as an aid in interpreting and applying whatever statute the General Assembly may enact, as well as a source of light on present property interests as affected by past …
The Constitution And Nationalism, Henry M. Bates
The Constitution And Nationalism, Henry M. Bates
Articles
Dean Bates comments on the alarming trend of nationalism in America: "Blind indeed must he be who supposes that our legal and political institutions can escape profound modification by those great changes in commercial, industrial, political and social conditions which, in part, were caused by the world war, but were greatly intensified by it.... No intelligent person, who has any knowledge of history and of the protection which local government has always given to human freedom, can fail to feel a deep and at times shuddering sense of apprehension at the rapidity with which we are massing our governmental power …
Sociological Interpretation Of Law, Joseph H. Drake
Sociological Interpretation Of Law, Joseph H. Drake
Articles
It is not the purpose of this paper to essay a definition of either of the formidable words in the title. The object is rather to call attention away from the metaphysical question, what is law? to the sociological question, how may we best attain justice in the administration of law? and, by the aid of some examples from history and comparative law, to justify as legal and constitutional the sociological method of interpretation. That such justification is necessary is evident from the fact that although the dictum of Mr. Justice. HOLMES in the dissenting opinion in Lochner v. New …
Note And Comment, Harry B. Hutchins, Frank B. Fox, Frank P. Helsell, Burns A. Henry, Clyde Dewitt
Note And Comment, Harry B. Hutchins, Frank B. Fox, Frank P. Helsell, Burns A. Henry, Clyde Dewitt
Michigan Law Review
Liability of Carriers for Injuries Arising from Failure to Have Waiting Rooms Properly Heated; Special Assessments and Railroad Rights of Way; State and Federal Regulation Rates; Duty Toward Trespassing Children Where a Dangerous Article is Left in the Street; Collateral Attack on Injunctional Orders;