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Articles 8731 - 8760 of 9170
Full-Text Articles in Jurisprudence
Civil Law And Common Law Influences On The Developing Law Of Ethiopia, J. Vanderlinden
Civil Law And Common Law Influences On The Developing Law Of Ethiopia, J. Vanderlinden
Buffalo Law Review
No abstract provided.
Legalism: The Jurisprudence Roundtable, 1965, Harold Gill Reuschlein
Legalism: The Jurisprudence Roundtable, 1965, Harold Gill Reuschlein
Journal of Legal Education
No abstract provided.
Book Review Of The Ideas In Barotse Jurisprudence, Lloyd A. Fallers
Book Review Of The Ideas In Barotse Jurisprudence, Lloyd A. Fallers
Journal of Legal Education
No abstract provided.
Values As Variables In Judicial Decision-Making: Notes Toward A Theory, David I. Danelski
Values As Variables In Judicial Decision-Making: Notes Toward A Theory, David I. Danelski
Vanderbilt Law Review
The concept of values is central to the explanation of judicial decision-making. Indeed, Clark L. Hull has gone so far as to say that any fairly detailed and sound dynamic theory of behavior must contain an empirical theory of values. Although students of judicial behavior have used values, or some equivalent concept, in their studies, there has been as yet no thorough, systematic exploration of values with a view toward using it as the central concept in building an empirical theory of judicial decision-making. This paper is a modest step in that direction. It is not, however, a presentation of …
The Rule Of Just Law, William B. Harvey
The Rule Of Just Law, William B. Harvey
Indiana Law Journal
Speech delivered on Law Day, April 30, 1966, at Bloomington, Indiana.
The Jurisprudence Of Willard Hurst, Russell E. Brooks
The Jurisprudence Of Willard Hurst, Russell E. Brooks
Journal of Legal Education
No abstract provided.
Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith
Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith
Michigan Law Review
Prior to the 1964 Supreme Court Term, decisions promulgating new constitutional rules were applied retroactively as a matter of course to final convictions. While dissents occasionally criticized the Court's failure to discuss the retroactive impact of a new constitutional rule, the potential effect upon final convictions of any single rule was not sufficiently acute to justify a departure from the normal grant of retroactivity. But the Court's decision in Mapp v. Ohio; which abruptly overturned Wolf v. Colorado and brought into doubt final state convictions resting upon illegally seized evidence admitted in reliance upon Wolf, caused courts and …
The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii
The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii
Cornell Law Faculty Publications
The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before the Court entered …
Law Day Address, Frank C. Haymond
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.
Scheingold: The Rule Of Law In European Integration--The Path Of The Schuman Plan, Robert M. Campbell
Scheingold: The Rule Of Law In European Integration--The Path Of The Schuman Plan, Robert M. Campbell
Michigan Law Review
A Review of The Rule of Law in European Integration--The Path of the Schuman Plan by Stuart A. Scheingold
Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker
Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker
Michigan Law Review
A Review of The Revival of Natural Law Concepts by Charles Grove Haines
The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz
The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz
Villanova Law Review (1956 - )
No abstract provided.
The Principle Of The Personality Of Law In The Early Middle Ages: A Chapter In The Evolution Of Western Legal Institutions And Ideas, Simeon L. Guterman
The Principle Of The Personality Of Law In The Early Middle Ages: A Chapter In The Evolution Of Western Legal Institutions And Ideas, Simeon L. Guterman
University of Miami Law Review
No abstract provided.
Comparative Law And Jurisprudence, Jerome Hall
Comparative Law And Jurisprudence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Analytic Philosophy And Jurisprudence, Jerome Hall
Analytic Philosophy And Jurisprudence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Natural Law Demythologized: A Functional Theory Of Norms For A Revolutionary Epoch, E. F. Roberts
Natural Law Demythologized: A Functional Theory Of Norms For A Revolutionary Epoch, E. F. Roberts
Cornell Law Faculty Publications
Jurisprudence can afford us some insight into whether a particular system is functioning effectively. To do this jurisprudes must extrapolate the aims of the society and then evaluate how effectively its legal system functions to structure social activity so that those aims are realized in an orderly fashion. Jurisprudence is seen, therefore, to be a form of time and motion study on a grand scale. Judgments about the ultimate worth of a given society’s aims are excluded from jurisprudence, however, on the ground that such emotionally charged and ethically relative conclusions cannot be proved by any empirically verifiable scale of …
Continuing Education For Appellate Judges, Robert A. Leflar
Continuing Education For Appellate Judges, Robert A. Leflar
Buffalo Law Review
No abstract provided.
Perspective Of A Judicial Era: Judge Desmond In The New York Court Of Appeals, Francis Bergan
Perspective Of A Judicial Era: Judge Desmond In The New York Court Of Appeals, Francis Bergan
Buffalo Law Review
No abstract provided.
Beacon Theatres And The Constitutional Right To Jury Trial, Paul F. Rothstein
Beacon Theatres And The Constitutional Right To Jury Trial, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
No abstract provided.
The Need For A Neighborhood Legal Service And The New York Experience, Charles Grosser
The Need For A Neighborhood Legal Service And The New York Experience, Charles Grosser
Buffalo Law Review
No abstract provided.
Judicial Notice Of Foreign Law, Jerome J. Krasa
Judicial Notice Of Foreign Law, Jerome J. Krasa
Vanderbilt Law Review
A fundamental cleavage exists between the two methods of viewing judicial notice. Both views must be understood before the doctrine of judicial notice can be said to have a real meaning applicable to the whole variety of legal problems which arise today. This understanding must be achieved before many of the seeming inconsistencies in what has been written about the doctrine can be clarified. Finally, this basic understanding must be had if any comprehension of the operation of judicial notice in any specific field of law is possible.
Is Our Law Just?, Arthur L. Goodhart
Is Our Law Just?, Arthur L. Goodhart
Washington and Lee Law Review
No abstract provided.
The Ascertainment Of State Law In Diversity Cases
The Ascertainment Of State Law In Diversity Cases
Indiana Law Journal
No abstract provided.
Suggestions For A Cybernetic Approach To Sociological Jurisprudence, Charles D. Raab
Suggestions For A Cybernetic Approach To Sociological Jurisprudence, Charles D. Raab
Journal of Legal Education
No abstract provided.
Concerning The Responsibility And Craftsmanship Of The Judge: A Review Of Julius Stone's Legal System And Lawyers' Reasoning, In The Light Of Recent Criticism Of The Supreme Court, J. D. Hyman
Buffalo Law Review
No abstract provided.
Chief Justice Taft At The Helm, Alpheus T. Mason
Chief Justice Taft At The Helm, Alpheus T. Mason
Vanderbilt Law Review
The office of Chief Justice carries scant inherent powers. The Chief Justice manages the docket, presents the cases in conference, and guides the discussion. When in the majority, he assigns the writing of opinions. Whatever influence he exerts in the exercise of these prerogatives rests less on formal authority than on elusive personal characteristics. Charles Evans Hughes, who had served as Associate Justice from 1910 to 1916 and later had been able to observe Taft's role in the Court over a period of seven years, considered the Chief Justice "the most important judicial officer in the world." His actual power, …
Justice Murphy: The Freshman Years, Woodford Howard
Justice Murphy: The Freshman Years, Woodford Howard
Vanderbilt Law Review
Justice Murphy is commonly regarded as having been a libertarian activist. He was not highly regarded as a Justice during his lifetime and this opinion prevails today. Here Professor Howard sees Justice Murphy during his early years on the Supreme Court as a man of indecision rather than an uncompromising libertarian. Through an examination of first amendment cases between 1940-42, the author finds that Murphy displayed a common reaction to the responsibilities of a new Supreme Court Justice which differed from most only in intensity.
Book Review, Allison L. Scafuri
Book Review, Allison L. Scafuri
Vanderbilt Law Review
The intellectual force in this scientifically and technologically oriented century, as Gatland and Dempster indicate, resides with men who have renaissance minds that can ably embrace scientific as well as societal propositions, reason anew and reach unique and far-reaching conclusions beyond the realm of current thought. To date, the intellectual strength of the lawyer has been his pervading understanding of problems from every societal view. This test can remain valid; however, the province of the legal "skill-elite group"must range far beyond his traditional social science touchstones into decidedly esoteric scientific subjects. The horizon of jurisprudence now embraces the mechanical universe …
A Reply To Professors Cohen And Dworkin, Lon L. Fuller
A Reply To Professors Cohen And Dworkin, Lon L. Fuller
Villanova Law Review (1956 - )
No abstract provided.