Jurisprudence Commons^™

The Availability Of Written Instructions To The Jury In Indiana

Indiana Law Journal

No abstract provided.

Not Guilty, By Judge Jerome Frank And Barbara Frank In Association With Harold M. Hoffman, Edward Mcwhinney

Indiana Law Journal

No abstract provided.

The Christian Lawyer As A Public Servant, William S. Ellis

Vanderbilt Law Review

This paper is concerned with the general topic of the Christian lawyer as a public servant. The paper attempts to describe very briefly the lawyer in his practice of law and in his relation to the legal and political systems, and the relevance of the Church to the law in each of these areas. The topic is a difficult one, for the writer would suggest that the lawyer by his very trade is "a Pharisee" and rarely a Christian.

Yet the lawyer is one of the most important and influential groups in this country. From the days of the pioneer …

Theology And Jurisprudence, Samuel E. Stumpf

Vanderbilt Law Review

Our era is one in which the law plays a far more important role than at any other time in history, for the law has insinuated itself into the control of almost every facet of man's life. If it was true over a century ago, as Chief Justice Marshall said, that "the judicial department comes home in its effects to every man's fireside; it passes on his property, his reputation, his life, his all,"' it is even more true today as the law has continued to proliferate its influence over an ever-widening range of human conduct. But it is precisely …

Jursiprudence In The Teaching Of Torts, Thomas A. Cowan

Journal of Legal Education

No abstract provided.

The Nature Of The Arbitration Process, William M. Hepburn, Pierre R. Loiseaux

Vanderbilt Law Review

The process of reaching a decision in labor-management arbitrations involves many uncertain factors. As to the final result in a case, we can perhaps say that it is in accord with the contract of the parties or that it is not; that it is "fair" or not; "practical" or unworkable; or that it accords with "public policy" or violates it. Some or all of the criteria discussed in this article may be satisfied in a particular case, but, as is proper, the parties are most often interested in basic equities, in whether an award can be brought within the ambit …

Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller

Michigan Law Review

The rule-making power of the courts in the United States is is brought into focus wherever procedural reform is undertaken. As more and more states have undertaken rev1s1on of judicial procedures, the power and authority of courts to promulgate rules of practice and the definition of the scope of such rules have claimed increasingly the attention of legal writers. This trend can be attributed in part to a growing realization that statutes governing practice and procedure in courts, enacted by legislatures meeting every year or two, have failed to achieve that minimum standard in the administration of justice necessary to …

Holmes And Brandeis: Companions In Dissent, Samuel J. Konefsky

Vanderbilt Law Review

In the 1920's, the words "Justices Holmes and Brandeis dissented" had become a familiar refrain in discussions about the work of the Supreme Court. This affinity between two men so unlike each other in background and method naturally puzzled the observers, and the effort to explain their relationship has produced two mutually contradictory theories. One view holds that though the two jurists approached problems differently, they usually arrived at the same conclusion because they shared a common philosophy on all really basic issues. "Oliver Wendell Holmes and Louis Dembitz Brandeis," a contemporary press comment read, "have achieved a spiritual kinship …

Judicial Review In Europe, Gottfried Dietze

Michigan Law Review

The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …

The Need For A Course In Jurisprudence In Law Schools, Edward A. Hogan Jr.

Journal of Legal Education

No abstract provided.

On Professor H. L. A. Hart's Definition And Theory In Jurisprudence, Carl A. Auerbach

Journal of Legal Education

No abstract provided.

Comparative Law And Jurisprudence At The University Of Toronto, Edward Mcwhinney

Journal of Legal Education

No abstract provided.

The Moral Decision: Right And Wrong In The Light Of American Law, By Edmond Cahn, W. Friedmann

Indiana Law Journal

No abstract provided.

Jurisprudence And The Analysis Of Fundamental Legal Terms, Samuel I. Shuman

Journal of Legal Education

No abstract provided.

Book Reviews, Edgar Bodenheimer, Joseph P. Witherspoon Jr., Harold D. Lasswell, Mitchell Franklin, Alexander Nekam, Alison Reppy, Page Keeton, Francis A. Allen, J. J. Dukeminier Jr., Maurice Finkelstein

Journal of Legal Education

No abstract provided.

Necessity As A Justification: A Critique Of Perka, Donald Galloway

Dalhousie Law Journal

In his characteristically trenchant and influential investigation, "A Plea for Excuses",' J. L. Austin reminded us that we can and do use different strategies of defending a person when it is claimed that he has done wrong. He drew attention to two distinct tactics: One way of going about this (defending a person) is to admit that he, X, did that very thing, A, but to argue that it was a good thing, or the right or sensible thing, or a permissible thing to do . . . To take this line is to justify the action, to give reasons …

Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.

Michigan Law Review

A Review of Security Through Freedom. American Political Thought and Practice. By Alpheus Thomas Mason.

Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop

Michigan Law Review

A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.

Vanderbilt: The Challenge Of Law Reform, Glenn R. Winters

Michigan Law Review

A Review of The Challenge of Law Reform. By Arthur T. Vanderbilt.

The 'Right' To Observe Trials-Its Source And Vindication

Indiana Law Journal

No abstract provided.

Idea Of A Law School, Charles S. Desmond

Villanova Law Review (1956 - )

No abstract provided.

Foreword, Joseph O'Meara

Journal Articles

The Natural Law Institute, a function of The Law School of The University of Notre Dame, was organized in 1947. Five annual convocations were held under its auspices, the last one in December of 1951. Thereafter a search was undertaken for a way in which the Institute could function effectively on a year-round rather than a once-a-year basis. After exploring many possibilities, it was decided to publish this journal, the Natural Law Forum.

Gray Vs. Powell And The Scope Of Review, Bernard Schwartz

Michigan Law Review

In dissenting from the decision of the Supreme Court in a celebrated administrative-law case, Justice Jackson once declared: "I give up. Now I realize fully what Mark Twain meant when he said, 'The more you explain it, the more I don't understand it.' " It cannot be denied that the learned justice's reaction is one which is often felt by students of Supreme Court jurisprudence. This has been particularly true of the field involved in the case which called forth Justice Jackson's plaint--i.e., that of administrative law. American administrative lawyers have not infrequently had this same response to decisions of …

Petrazycki: Law And Morality, William R. Jentes S.Ed.

Michigan Law Review

A Review of Law and Mortality. By Leon Petrazycki

Criminal Law - Reexamination Of Tests For Criminal Responsibility, Mary Lee Ryan

Michigan Law Review

Criminal law in the Anglo-American system of jurisprudence is based upon the concept that persons should be held responsible for their acts. A strong corrollary to this idea is that certain types of persons, namely the "insane," should not be held responsible for criminal conduct. Although this proposition seems beautifully simple, courts in England and the United States for over a hundred years have wrestled with the problem of what constitutes insanity, or, to phrase it more accurately, what type of mental condition should preclude responsibility for a criminal act.

The Moral Foundation Of Democracy, By John H. Hallowell, Francis D. Wormuth

Indiana Law Journal

No abstract provided.

Justice Murphy And The Welfare Question, Leo Weiss

Michigan Law Review

In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …

Justice Jackson And The Judicial Function, Paul A. Weidner

Michigan Law Review

Much of the pattern of division in the present Supreme Court is traceable to basic differences of opinion regarding the proper role of a judge in the process of constitutional adjudication. Some students of the Court, yielding to the current fashion of reducing even intricate problems to capsule terms, have tried to explain the controversy by classifying the justices as either "liberals" or "conservatives." A second school poses the disagreement largely in terms of judicial "activism" as opposed to judicial "restraint." It is this view that has the greater relevance for the present discussion. C.H. Pritchett, one of the leading …

Process And Pattern: The Search For Standards In The Law, Charles Edward Wyzanski Jr.

Indiana Law Journal

An address at the Fiftieth Anniversary of the Graduate Schools of Indiana University, April 30, 1954.

The Natural Law And The Lawyer's Search For A Philosophy Of Law, Edward F. Barrett

Buffalo Law Review

Address given at the Natural Law Symposium of the Catholic Lawyers Guild, Buffalo, N. Y.. February 6, 1954.