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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 Oct 1966

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 Sep 1966

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 Jun 1966

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 Jun 1966

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 Apr 1966

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 Mar 1966

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 Mar 1966

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 Mar 1966

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 Feb 1966

Law Day Address, Frank C. Haymond

West Virginia Law Review

No abstract provided.


Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney Jan 1966

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 Jan 1966

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 Jan 1966

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 Jan 1966

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 Jan 1966

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 Jan 1966

Comparative Law And Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Analytic Philosophy And Jurisprudence, Jerome Hall Jan 1966

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 Jan 1966

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 Dec 1965

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 Dec 1965

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 Dec 1965

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 Oct 1965

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 Oct 1965

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 Sep 1965

Is Our Law Just?, Arthur L. Goodhart

Washington and Lee Law Review

No abstract provided.


The Ascertainment Of State Law In Diversity Cases Jul 1965

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 Jun 1965

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 Apr 1965

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 Mar 1965

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 Mar 1965

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 Mar 1965

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 Jan 1965

A Reply To Professors Cohen And Dworkin, Lon L. Fuller

Villanova Law Review (1956 - )

No abstract provided.