Jurisprudence Commons^™

Federal Witness Immunity Act: Expanding The Scope Of Pre-Testimony Judicial Review, John H. Land

Loyola University Chicago Law Journal

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ACT OF STATE ACT OF STATE DOCTRINE APPLIES TO INFORMAL ACTIONS OF FOREIGN GOVERNMENTS IF THE GOVERNMENTAL AGENT ACTS WITHIN THE SCOPE OF HIS AUTHORITY

2. ADMIRALTY SIGNIFICANT--RELATIONSHIP-TO-MARITIME-ACTIVITY TEST USED TO DETERMINE ADMIRALTY TORT JURISDICTION

3. ALIEN'S RIGHTS REGULATIONS EXCLUDING RESIDENT ALIENS FROM EMPLOYMENT IN FEDERAL COMPETITIVE CIVIL SERVICE VIOLATE DUE PROCESS CLAUSE OF FIFTH AMENDMENT

4. AVIATION MENTAL DISTRESS ATTACHES TO AN AIR CARRIER'S STRICT LIABILITY FOR BODILY INJURY UNDER THE WARSAW CONVENTION

5. IMMIGRATION AND NATURALIZATION CONGRESS MAY GRANT CITIZENSHIP TO FOREIGN-BORN CHILDREN OF CITIZEN FATHERS, WHILE DENYING SAME TO OFFSPRING OF CITIZEN MOTHERS

6. …

Observations Of An Appellate Judge:The Use Of Law Clerks, Eugene A. Wright

Vanderbilt Law Review

Time-judicial time-is our most valuable commodity. We must employ it effectively and efficiently if we are to keep abreast of new developments in the law, new areas of litigation, and modern procedural improvements and to dispose of increasing backlogs of appealed cases. Circuit judges, each authorized two law clerks, have become increasingly dependent upon the help of their staffs to meet the demands of their expanding workload. The role of the law clerk is to aid the experienced judge in his ultimate task, decision-making. An appellate judge will have a varied background of skills and experience. Often he brings to …

New Approaches To Legal Study, Philip Slayton

Dalhousie Law Journal

Most lawyers - be they practitioners, judges, or just plain academics - have a fairly clear idea of what it is they must do when "studying law". Most lawyers, without giving the matter very much thought, concern themselves with interpreting statutes according to well-understood principles, analysing cases using time-honoured notions such as stare decisis, ratio decidendi, and obita dicta, and occasionally (very occasionally, with much trepidation and many disclaimers) venturing a policy suggestion or two. Not many have wanted to do much else, and few have suggested any virtue in trying anything new. But the winds of change appear to …

A Theory Of Justice, Richmond Campbell

Dalhousie Law Journal

In A Theory of Justice John Rawls constructs a comprehensive social contract theory of justice to stand as a substantive alternative to utilitarianism. This work combines and develops the ideas of earlier essays, such as "Justice as Fairness" (1958), "The Sense of Justice" (1963), "Constitutional Liberty" (1963) and "Civil Disobedience" (1966), into a systematic moral and political philosophy of astonishing power and subtlety. I shall sketch its main principles, their derivation and justification, and then raise some questions about the supposed opposition between the standards of justice and utility.

Moral And Judicial Reasoning: A Structural Analogy, Thomas D. Perry

Buffalo Law Review

No abstract provided.

The Prospects For Individual Freedom: Toward Greater Fairness For All, J. Ralph Beaird, C. Ronald Ellington

Scholarly Works

Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means.

Imagine that on June 1, 2001, the latest issue of United States Law Week listed the following cases for oral argument at the next October term of the United States Supreme Court....

The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos

Buffalo Law Review

No abstract provided.

In Memoriam Of Professor George D. Horning Jr., Gordon A. Christenson

Faculty Articles and Other Publications

Tribute to legal scholar, George D. Horning Jr.

Studying Law As The Possibility Of Principled Action, Gordon A. Christenson

Faculty Articles and Other Publications

The study of law may be viewed as the critical analysis of a system of logically coherent rules governing action. In the United States, the responsibility for legal education has traditionally fallen upon the law schools. Within the legal profession and law schools a restive spirit now prevails, seeking to further clarify the meaning of that responsibility.' Two responses appear in the law schools, for good or ill.

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.

Indigent Access To Civil Courts: The Tiger Is At The Gates, Wayne H. Scott

Vanderbilt Law Review

The accusation that justice in America has become a luxury has been heard with increasing frequency in recent years. An often criticized aspect of this perceived discrimination is that the poor are systematically deprived of effective access, and frequently of any access at all, to the judicial process by the varied and burdensome expenses of civil litigation.' Although these financial barriers have been subjected to increasingly successful attacks in the courts, the extent to which they have been lowered remains unclear. Nevertheless, an examination of the steps already taken to alleviate the problem of the indigent civil litigant raises hopes …

Future Inflation And The Undercompensated Plaintiff, Irving Bert Levinson

Loyola University Chicago Law Journal

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin

Buffalo Law Review

Paper prepared for the II Congreso interamericano de derecho romano of the Seminario de derecho romano de la facultad de derecho de la Universitad nacional autónoma de México, July 17-21, 1972, in coordination with, the Associación interamericana de derecho romano, with seat at the Universidad de Paraiba, Joao Pessoa, Brasil.

Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo

Buffalo Law Review

No abstract provided.

The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel

Buffalo Law Review

No abstract provided.

Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis

Buffalo Law Review

No abstract provided.

To Where Does One Attach The Horses?, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost

West Virginia Law Review

Fear of governmental domination prompted the founders of the United States to restrict governmental interference with individual liberties. Indeed, the Bill of Rights was added to the Constitution to prohibit tampering with preferred freedoms. One such prohibition is that no citizen can be deprived of his life, liberty or property solely upon governmental accusations. Such deprivation can follow only after determination of guilt by a jury of the individual's peers. However, West Virginia statutorily denies paupers this fundamental right to a trial by their peers. This denial constitutes an invidious discrimination violative of the equal protection clause of the Constitution.

National Institute Of Justice--A Proposal, Bert H. Early

West Virginia Law Review

No abstract provided.

Dombrowski In The Wake Of Younger: The View From Without And Within, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

The Organs Of Soviet Administration Of Justice: Their History And Operation, By Samuel Kucherov, Jurij Fedynskyj

Indiana Law Journal

No abstract provided.

Book Reviews, Max Rheinstein, Eugene V. Rostow, William O. Thweatt

Vanderbilt Journal of Transnational Law

JUDICIAL REVIEW IN THE CONTEMPORARY WORLD

By Mauro Cappelletti

Indianapolis: Bobbs Merrill, 1971. Pp. xi, 117. $8.50 ($4.50 student edition).

reviewer: Max Rheinstein

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THE PRICE OF INTERNATIONAL JUSTICE

Philip C. Jessup

New York: Columbia University Press, 1971. Pp. ix, 82. $5.95.

reviewer: Eugene V. Rostow

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THREE WORLDS OF DEVELOPMENT: THE THEORY AND PRACTICE OF INTERNATIONAL STRATIFICATION

By Irving Louis Horowitz

New York: Oxford University Press, 1972. Pp. xxx, 556. $15.00 (Paperback, $3.50).

reviewer: William O. Thweatt

Pollution Control, Present And Potential: A Jurisprudential Evaluation Of Cost Allocation As An Alternative, M. G. Woodroof Iii

Kentucky Law Journal

No abstract provided.

Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown

Journal Articles

Brown is the founder and foremost exponent of preventive law jurisprudence. Shaffer has dwelt in recent books and essays on the parallels between humanistic psychology and the fife of lawyers. In this dialogue they focus their somewhat diverse insights on law as living; on their agreement that lawyer-client decisions are law in any functional sense of the word; and on the premise that an explicable jurisprudence is implicit in the process of law office decision making.

Evidence - Presumption That Judge Disregarded Incompetent Evidence In Reaching His Verdict Does Not Obtain Where An Objection To The Evidence Has Been Overruled, Thomas P. Carney Jr.

Loyola University Chicago Law Journal

No abstract provided.

The Contempt Power - The Lifeblood Of The Judiciary, Nathan M. Cohen

Loyola University Chicago Law Journal

No abstract provided.

The Role Of Scienter And The Need To Limit Damages In Rule 10b-5 Actions--The Texas Gulf Sulphur Litigation, J. Kent Dunlap

Kentucky Law Journal

No abstract provided.

Judicial Opinion Analysis, John J. Daley

LLM Theses and Essays

The aim of this paper is to suggest a method of judicial opinion analysis. This method has five essential aspects: 1) form; 2) procedure; 3) precedential value; 4) authority; and 5) substance. Observation of these aspects in judicial opinions should broaden legal and jurisprudential perspective and cause critical analysis of case dispositions.