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Articles 8611 - 8640 of 9170

Full-Text Articles in Jurisprudence

Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell May 1976

Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell

Dalhousie Law Journal

The authors' purpose in this important and intriguing book is to contribute to what they call "the jurisprudence of departures from rules" [p. 5]. They try to establish that non-compliance with rules of law may sometimes be justified not only on moral grounds but also on legal grounds - that is, that the legal system itself has considerable built-in tolerance of non-compliance with its own rules, and that an official or an ordinary citizen who contravenes a legal rule may well be able to make out a claim that he is acting "legally" after all. It is central to the …


Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell May 1976

Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell

Dalhousie Law Journal

The authors' purpose in this important and intriguing book is to contribute to what they call "the jurisprudence of departures from rules" [p. 5]. They try to establish that non-compliance with rules of law may sometimes be justified not only on moral grounds but also on legal grounds - that is, that the legal system itself has considerable built-in tolerance of non-compliance with its own rules, and that an official or an ordinary citizen who contravenes a legal rule may well be able to make out a claim that he is acting "legally" after all. It is central to the …


Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell May 1976

Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell

Dalhousie Law Journal

The authors' purpose in this important and intriguing book is to contribute to what they call "the jurisprudence of departures from rules" [p. 5]. They try to establish that non-compliance with rules of law may sometimes be justified not only on moral grounds but also on legal grounds - that is, that the legal system itself has considerable built-in tolerance of non-compliance with its own rules, and that an official or an ordinary citizen who contravenes a legal rule may well be able to make out a claim that he is acting "legally" after all. It is central to the …


Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell May 1976

Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell

Dalhousie Law Journal

The authors' purpose in this important and intriguing book is to contribute to what they call "the jurisprudence of departures from rules" [p. 5]. They try to establish that non-compliance with rules of law may sometimes be justified not only on moral grounds but also on legal grounds - that is, that the legal system itself has considerable built-in tolerance of non-compliance with its own rules, and that an official or an ordinary citizen who contravenes a legal rule may well be able to make out a claim that he is acting "legally" after all. It is central to the …


American Liberals And Judicial Activism: Alexander Bickel's Appeal From The New To The Old, Maurice J. Holland Apr 1976

American Liberals And Judicial Activism: Alexander Bickel's Appeal From The New To The Old, Maurice J. Holland

Indiana Law Journal

No abstract provided.


Adjudicating National Convention Delegate Selection Disputes: Prospects For The Devleopment Of Democratic Party Law, Peggy Gordon Jan 1976

Adjudicating National Convention Delegate Selection Disputes: Prospects For The Devleopment Of Democratic Party Law, Peggy Gordon

Loyola University Chicago Law Journal

No abstract provided.


The Fission And Fusion Of Is-Ought In Legal Philosophy, S. Prakash Sinha Jan 1976

The Fission And Fusion Of Is-Ought In Legal Philosophy, S. Prakash Sinha

Villanova Law Review (1956 - )

No abstract provided.


"One Man's Theory .... ": A Metatheoretical Analysis Of H. L. A. Hart's Model Of Law, F. Patrick Hubbard Jan 1976

"One Man's Theory .... ": A Metatheoretical Analysis Of H. L. A. Hart's Model Of Law, F. Patrick Hubbard

Maryland Law Review

No abstract provided.


Judicial Adoption Of Comparative Negligence - The Supreme Court Of California Takes A Historic Stand, Victor E. Schwartz Jan 1976

Judicial Adoption Of Comparative Negligence - The Supreme Court Of California Takes A Historic Stand, Victor E. Schwartz

Indiana Law Journal

No abstract provided.


Punitive Damages -Mattyasovszky V. West Towns Bus Co. - Punitive Damages Nonrecoverable Under The Illinois Survival Act, Daniel T. Hartnett Jan 1976

Punitive Damages -Mattyasovszky V. West Towns Bus Co. - Punitive Damages Nonrecoverable Under The Illinois Survival Act, Daniel T. Hartnett

Loyola University Chicago Law Journal

No abstract provided.


Book Review, Arthur R. Landever Jan 1976

Book Review, Arthur R. Landever

Law Faculty Articles and Essays

Reviewing R.M. Unger, Law in Modern Society, Free Press (1976).


Federal Courts, Injunctions, Declaratory Judgments, And State Law: The Supreme Court Has Finally Fashioned A Workable Abstention Doctrine, Clair E. Dickinson Jan 1976

Federal Courts, Injunctions, Declaratory Judgments, And State Law: The Supreme Court Has Finally Fashioned A Workable Abstention Doctrine, Clair E. Dickinson

Cleveland State Law Review

The American judicial system is founded on several policies which act as guideposts for the courts. Among these is the policy that states should be as free from federal control as possible. At the opposite end of the spectrum is the view that federal courts have a duty to protect individuals from violations of their constitutional rights. These policies meet, and seemingly clash, when a plaintiff enters a federal court either to request a declaratory judgment that a state statute is unconstitutional or to seek an injunction against the enforcement of the statute. The balancing of these competing interests has …


The Intrusion Of Federal Immunity Protection Into State Disbarment Proceedings, Patrick E. Deady Jan 1976

The Intrusion Of Federal Immunity Protection Into State Disbarment Proceedings, Patrick E. Deady

Loyola University Chicago Law Journal

No abstract provided.


Integrative Jurisprudence, Jerome Hall Jan 1976

Integrative Jurisprudence, Jerome Hall

Articles by Maurer Faculty

Editorial Note: The following paper was originally presented in Mexico City on December 10, 1975, in a symposium honoring Professor Emeritus Luis Recasens Siches of the National University of Mexico.


The Enterprise Liability Theory Of Torts, Howard C. Klemme Jan 1976

The Enterprise Liability Theory Of Torts, Howard C. Klemme

Publications

No abstract provided.


Legal Ethics: Confidentiality And The Case Of Robert Garrow's Lawyers, Jeffrey Frank Chamberlain Oct 1975

Legal Ethics: Confidentiality And The Case Of Robert Garrow's Lawyers, Jeffrey Frank Chamberlain

Buffalo Law Review

No abstract provided.


The Legal Point Of View, L. C. Green Sep 1975

The Legal Point Of View, L. C. Green

Dalhousie Law Journal

What is Law? By what criteria do we recognize valid law? These questions have exercised the minds of distinguished jurisprudential thinkers of the past. Every solution that has been propounded, whether in terms of natural law theory, command models, norm or rule models, seems to have been defective in one way or another. The main thesis of this book is that every attempt to find some "essence of law" - whether in terms of commands, rules or whatever - is bound to fail. The reason given is that there is not one and only one "true" conception of law. There …


The Legal Point Of View, L. C. Green Sep 1975

The Legal Point Of View, L. C. Green

Dalhousie Law Journal

What is Law? By what criteria do we recognize valid law? These questions have exercised the minds of distinguished jurisprudential thinkers of the past. Every solution that has been propounded, whether in terms of natural law theory, command models, norm or rule models, seems to have been defective in one way or another. The main thesis of this book is that every attempt to find some "essence of law" - whether in terms of commands, rules or whatever - is bound to fail. The reason given is that there is not one and only one "true" conception of law. There …


Interstitial Jurisprudence Illustrated In Teaching Criminal Law, David A. Funk Sep 1975

Interstitial Jurisprudence Illustrated In Teaching Criminal Law, David A. Funk

Journal of Legal Education

No abstract provided.


Frames Of Reference For Legal Ideals, W. L. Morison Feb 1975

Frames Of Reference For Legal Ideals, W. L. Morison

Dalhousie Law Journal

The publication of Canada's most newly established legal journal by Canada's oldest established common law school naturally prompts reflections concerning the elements of continuity and change in legal writing, and legal thinking generally. Legal writing has so radically changed during the existence of Canada's oldest common law school, or for that matter during the existence of Australia's oldest law school to which the writer belongs, that articles written even during the earlier part of this century excite feelings of nostalgia in some people. In welcoming an article published in the Sydney Law Review in the nineteen fifties, Dean Erwin Griswold …


The World As Reality, As Resource, And As Pretense, Richard Stith Jan 1975

The World As Reality, As Resource, And As Pretense, Richard Stith

Law Faculty Publications

No abstract provided.


On What A Rule Is, Robert Birmingham Jan 1975

On What A Rule Is, Robert Birmingham

Faculty Articles and Papers

No abstract provided.


Prospects For Structural Reform Of The Bankruptcy System, Marjorie L. Girth Jan 1975

Prospects For Structural Reform Of The Bankruptcy System, Marjorie L. Girth

Faculty Publications By Year

No abstract provided.


Book Review, Clarence Emmett Manion Jan 1975

Book Review, Clarence Emmett Manion

Journal Articles

Reviewing: THE PRICE OF PERFECT JUSTICE. By Macklin Fleming. The Adverse Consequences of Current Legal Doctrine on the American Courtroom. Justice of the California Court of Appeals (Basic Books, Inc. New York).


Book Review Of Karl Llewellyn And The Realist Movement, By William Twining, Edward A. Purcell Jr. Jan 1975

Book Review Of Karl Llewellyn And The Realist Movement, By William Twining, Edward A. Purcell Jr.

Other Publications

No abstract provided.


The Tennessee Rule Against Perpetuities: A Proposal For Statutory Reform, C. Dent Bostick Nov 1974

The Tennessee Rule Against Perpetuities: A Proposal For Statutory Reform, C. Dent Bostick

Vanderbilt Law Review

For several decades, there has been agitation for reform of the common-law Rule Against Perpetuities. For the most part, the reformers have urged that improvements in the Rule and the manner of its application be accomplished through legislative enactment.' Only a few jurisdictions have opted for reform by the judiciary. Thus far, there has been no legislative reform of the Rule in Tennessee; the appellate courts of the state continue to apply the Rule inits common-law form with all the confusing rubrics attached to it by centuries of development. The condition of Tennessee's law on the subject contrasts sharply with …


The Jurisprudence Of Karl Llewellyn, Simon N. Verdun-Jones Oct 1974

The Jurisprudence Of Karl Llewellyn, Simon N. Verdun-Jones

Dalhousie Law Journal

Jurisprudence means to me: any careful and sustained thinking about any phase of things legal, if the thinking seeks to reach beyond the practical solution of an immediate problem in hand. Jurisprudence thus includes any type at all of honest and thoughtful generalization in the field of the legal.' Alongside Roscoe Pound, Karl Llewellyn dominated the American jurisprudential stage for more than thirty years. Indeed, his diverse interests, broadly-based achievements and colorful personality compel the attention of any serious student of modern jurisprudence. Furthermore, the very profusion of roles played by Llewellyn render him one of the most remarkable legal …


Keeping Pace With Change - New Vistas For Lawyers, James D. Fellers Oct 1974

Keeping Pace With Change - New Vistas For Lawyers, James D. Fellers

North Carolina Central Law Review

No abstract provided.


Law In The Coming Years*, George D. Gibson Sep 1974

Law In The Coming Years*, George D. Gibson

Washington and Lee Law Review

No abstract provided.


The Common Lands Concept: A "Commons" Solution To A Common Environmental Problem, Julian C. Juergensmeyer, James Wadley Jan 1974

The Common Lands Concept: A "Commons" Solution To A Common Environmental Problem, Julian C. Juergensmeyer, James Wadley

Faculty Publications By Year

No abstract provided.