Jurisprudence Commons^™

The Neutrality Of Adherence To Precedent, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer

Indiana Law Journal

No abstract provided.

Law And Today's Crisis-Situations, Thomas E. Davitt

Indiana Law Journal

No abstract provided.

The Neutrality Of Adherence To Precedent, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

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 …

The Identity Of Legal Systems, Joseph Raz

Faculty Scholarship

Laws are part of legal systems; a particular law is a law only if it is part of American law or French law or some other legal system. Legal philosophers have persistently attempted to explain why we think of laws as forming legal systems, to evaluate the merits of this way of thinking about the law and to make it more precise by explicating the features that account for the unity of legal systems. Various theories have been suggested but none has been accepted as completely satisfactory, and the continuing debate owes much to the intricacy of the problems involved. …

Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers

Journal Articles

The relationship between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. The Federal Constitutional Court has gone further than any other constitutional tribunal in the West to promote a free and competitive party system, and the Court’s decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. The Federal Constitutional Court’s decision in 1966 to invalidate a federal plan for subsidizing political parties is a good example of the …

A Critique Of Professor Fried’S Anatomy Of Values, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

International Order And National Sovereignty - They Can Co-Exist, Arthur Larson

Faculty Scholarship

No abstract provided.

Some Speculation About Artificial Intelligence And Legal Reasoning, Bruce G. Buchanan, Thomas E. Headrick

Journal Articles

No abstract provided.

The Influence Of Interpretation On Writing, David Daube

Buffalo Law Review

No abstract provided.

The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato

Washington and Lee Law Review

No abstract provided.

Custom, Law And Morality. By Burton M. Leiser., Daniel J. Gifford

Buffalo Law Review

No abstract provided.

Egalitarianism And The Warren Court, Philip B. Kurland

Michigan Law Review

As late as 1966, an English philosopher could say that the word "equality," unlike the words "freedom," "liberty," and "justice," was not a "value word" but only a descriptive one. He was not denigrating the term or the concept. He was saying that "when people talk about equality in a political or moral context what they really mean to talk about is some closely evaluative concept, such as impartiality or justice." What may have been true in England in 1966 was only partially true in the United States. While the word "equality" may still be used here to invoke other …

Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony D'Amato

Faculty Working Papers

One of the most singular pieces of legislation in American constitutional history passed the Massachusetts legislature in 1970, and was signed into law. It provided that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article I, Section 8, clause 11 of the US Constitution. A conflict between state law and national policy was created.

The Generality Of Neutral Principles: A Game- Theoretic Perspective, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

A Response To Perry: Judicial Method And The Concept Of Reasoning, J. D. Hyman

Buffalo Law Review

No abstract provided.

Judicial Method And The Concept Of Reasoning, Thomas D. Perry

Buffalo Law Review

No abstract provided.

Comparative Judicial Behavior (Book Review), Donald P. Kommers

Journal Articles

This book consists of several cross-cultural and exploratory studies of judicial decision-making, and is one of the first to appear in the developing field of comparative judicial politics. A product of many months of collaboration between American and Asian scholars at the East-West Center, University of Hawaii, it deals chiefly with decision-making processes in the high courts of Japan, Hawaii, India, Canada, Australia, and the Philippines. The Asian contributors are mainly law teachers with a strong interest in the sociology of law; the American scholars are mainly teachers of political science whose special interest is the study of judicial behavior. …

Once More Into The Breach: Promissory Estoppel And Traditional Damage Doctrine, Theodore S. Sims

Faculty Scholarship

When, in the absence of traditional contract formalities, a promise is enforced because the promisee has acted in reliance upon it, both courts and commentators have disagreed over the proper measure of damages. Early in the debate, two positions could be discerned. Advocates of the one favored enforcing the promise according to its terms and awarding the promisee full contractual damages.This measure of recovery has come to be called the expectation interest and is an attempt to put the promisee in the same position as he would have been had the promise been fulfilled. Advocates of the other position would …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

G.I. RIGHTS AND ARMY JUSTICE: THE DRAFTEE'S GUIDE TO MILITARY LIFE AND LAW

By Robert S. Rivkin

New York: Grove Press, Inc., 1970. Pp. vii, 383. $1.75.

===================

HUMAN RIGHTS AND INTERNATIONAL ACTION

By Ernst B. Haas

Stanford, California: Stanford University Press, 1970.Pp. vii, 184.

===============

INDIRECT TAXATION IN DEVELOPING COUNTRIES

By John F. Due

Baltimore: The Johns Hopkins Press, 1970. Pp. v, 201. $9.00.

============

INTERNATIONAL TELECOMMUNICATIONS AND INTERNATIONAL LAW: THE REGULATION OF THE RADIO SPECTRUM

By David M. Leive

Dobbs Ferry, N. Y.: Oceana Publications Inc., 1970. Pp. 11, 386.$16.50.

============

THE WINDS OF FREEDOM

By Dean Rusk …

In Defense Of The Doctrine Of Mutuality Of Estoppel, Edwin H. Greenebaum

Indiana Law Journal

No abstract provided.

The Normative Theory Of Law, George E. Glos

William & Mary Law Review

No abstract provided.

The Voiceprint Technique: Its Structure And Reliability, Bernard S. Kamine

San Diego Law Review

Identification of individuals by the sound of their voices has long been an accepted courtroom practice. It has been accompanied directly both in the courtroom and extra-judicially, as well as indirectly with sound recordings. Voice identifications are essential to authenticating sound recordings for introduction as evidence, and are frequently the most conclusive evidence in certain types of criminal prosecutions such as those involving obscene phone calls. Until recently all voice identifications were made by the human ear, by someone familiar with the sound of the voice being identified. Although generally accepted by the courts, it has been recognized that such …

Perspectives On Perennial Problems Of Jurisprudence, Joseph J. Darby

San Diego Law Review

A review of E. Bodenheimer, Treatise on justice, W. Friedmann, Legal theory, 5U., and B. Wortley, Jurisprudence. To a certain degree, law is a refection of the social environment in which it exists. Since a multiplicity of forces is constantly at work to produce stresses and tensions that serve to keep society in an incessant state of flux, the law also finds itself in continual need to adjust and readjust. Traditionally, the contemplative jurist in search of aid in the solution of novel social problems has turned to philosophy. Despite the increasing popularity of the auxiliary disciplines of sociology, psychology …

Comment On: State V. Clifton Pearce, James Hinton Pou Bailey

North Carolina Central Law Review

No abstract provided.

Justices Of The Peace: Judges For Hire, R. Lewis Ray

North Carolina Central Law Review

No abstract provided.

Summary Judgement: Is It A Lawyer's Shortcut, Philip Auerbach

North Carolina Central Law Review

No abstract provided.

Miscalculation In Contracts: The Tort-Schema In German And Common Law, Robert Dugan

Buffalo Law Review

No abstract provided.

Exclusive Jurisdiction - The Key To Voting Rights For Residents Of Federal Enclaves - Cornman V. Dawson

Maryland Law Review

No abstract provided.