Jurisprudence Commons^™

Nuisance Or Negligence: A Study In The Tyranny Of Labels

Indiana Law Journal

No abstract provided.

Federal Civil Rights Legislation And The Constitution, Frank K. Sloan

South Carolina Law Review

No abstract provided.

Education For Professional Responsibility, Michigan Law Review

Michigan Law Review

A Review of EDUCATION FOR PROFESSIONAL RESPONSIBILITY. Pittsburgh: Carnegie Press.

The Place And Uses Of Jurisprudence: Introductory Remarks, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Founding Fathers And The Natural Law: A Study Of The Source Of Our Legal Institutions, The, Clarence Emmett Manion

Journal Articles

Where did the Founding Fathers get the principles upon which they established our government? What was the source of their faith? The bedrock of their convictions? What was the political evolution of our Constitution? The legal philosophy of our Bill of Rights? The discussion of these questions by Dean Manion is timely for it is necessary now to make soundings and take bearings if the Ship of State is to continue on its true course. Whereas the Revolution of 1688 brought the doctrine of parliamentary sovereignty to England, the American colonists resisted that doctrine and adhered to the true natural …

Book Review. Ross, A., Towards A Realistic Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Concerning The Nature Of Positive Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

What Is A Question Of Law?, Arthur W. Phelps

Faculty Publications

No abstract provided.

The Notice Of Motion And Modern Procedural Reform, Arthur W. Phelps

Faculty Publications

No abstract provided.

Book Reviews, William N. Ethridge, Jr., M. G. Dakin (Reviewer), A. B. Neil (Reviewer), C. M. Updegraff (Reviewer)

Vanderbilt Law Review

Book Reviews

The Roosevelt Court: A Study in Judicial Politics and Values By C.Herman Pritchett New York: The Macmillan Company, 1948, Pp. 314,$5.00

Lions Under the Throne By Charles P. Curtis, Jr. Boston: Houghton, Mifflin Company, 1947. Pp. 361. $3.50

The Nine Young Men By Wesley McCune New York: Harper & Bros.,1947. Pp. 293. $3.50

reviewer: William N. Ethridge, Jr.

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A Declaration of Legal Faith By Wiley Rutledge Lawrence, Kansas:University of Kansas Press, 1947. Pp. 82. $2.00

reviewer: M. G. Dakin

The Papers of Walter Clark: 1857-1901, Vol. 1 Edited by Aubrey Lee Brooks and Hugh T. Leffler Chapel …

New Trial - Use Of Testimony Of Jurors To Set Aside Verdict, R. J. Nordstrom S.Ed.

Michigan Law Review

Whether or not testimony of a juror is admissible for the purpose of setting aside a verdict is a question upon which the cases are in conflict. Much of the contrariety of opinion is due to a failure of courts to distinguish between the two basic factual situations which present the problem. The juror's testimony may be sought to be introduced to show either: (1) that, due to some misunderstanding, his own thought processes were misdirected in arriving at his final vote; or, (2) that he observed the open misconduct of a fellow juror. At the outset it should be …

Courts - Due Process- Findings Of Fact By Court On Basis Of Transcript Where Master Has Not Submitted Report, J. R. Mackenzie S.Ed.

Michigan Law Review

After taking evidence upon a matter referred to him, a master in chancery closed the proofs, but died before making his report. The district court, after receiving briefs of counsel and hearing argument, made an ultimate finding based on the transcript of evidence. Held, such action by a court which has not seen the witnesses is not in accord with due process. Smith v. Dental Products Co., (C.C.A. 7th, 1948) 168 F. (2d) 516.

Liberty Against Government: The Rise, Flowering And Decline Of A Famous Juridical Concept, By By Edward S. Corwin, John P. Frank

Indiana Law Journal

No abstract provided.

Recent Books, Michigan Law Review

Michigan Law Review

This department undertakes to note or review briefly current books on law and matters closely related thereto.

Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin

Michigan Law Review

We have already become familiar with Johnson's awareness of the unconsciousness of mankind "of the shackles which superstition and tyranny had thrown around" it. He was also sensitive to the part which the law had played in preserving such a state of affairs. His keen and analytic mind was unwilling to accept as final what he knew was the illusive mirage of reality. The situation was a frustrating one-so much so that few minds today are prepared to accept the challenge which such a dynamic attitude entailed for him. He began anticipating beyond the capacities of the minds of those …

Judgment Non Obstante Veredicto, Leo Carlin

West Virginia Law Review

No abstract provided.

The Assignment Of Errors In Appellate Briefs, Harry R. Venables, John Veblen

Washington Law Review

Few subjects have troubled courts more and legal writers less than faulty assignments of error. Since the subject has received little attention outside the reports themselves, there has developed a mass of hitherto unassimilated case authority which, because of its size, is an obstacle rather than an aid to courts and attorneys. This article is the product of a survey of those cases. It will add little to the general store of information on the subject, but it is designed to do two things: (1) call the attention of the Bar to some of the clearer and better written discussions …

Is Law Disappearing?, Charles E. Clark

West Virginia Law Review

No abstract provided.

Substance And Procedure In Rule Making, Thomas H.S. Curd

West Virginia Law Review

No abstract provided.

A La Opinión Publica: El Caso Hipódromo Oriental Park - Gran Casino Nacional Y Balneario La Concha, Sindicato Territorial De La Habana

Mario Diaz Cruz Pamphlets

Información histórica y jurídica.

Have We Lost The Ball?, Clarence Emmett Manion

Journal Articles

Americans are devoted to a wide variety of ball games. In every season of the year millions of us are continually congregating to observe the swift, skillfully directed flight of baseballs, footballs, basket balls and golf balls. In all of these contests and exhibitions the existence, nature and condition of the involved ball 'has become a remote secondary consideration. The ball is taken for granted. We are concerned exclusively with the skill and coordination of the players and their intelligent observance of the rules. Nevertheless, in all of these games it must be admitted that "the ball" is the thing …

A Note On Samuel Pufendorf, Anton-Hermann Chroust

Vanderbilt Law Review

The work of Samuel Pufendorf was certainly the outstanding influence on continental legal philosophy during the second half of the seventeenth and throughout the eighteenth centuries. From his work comes the supposedly authoritative notion that scientific natural law and, hence, true legal philosophy as such, began with Hugo Grotius. What he actually meant to say was that Hugo Grotius had secularized the natural law, that is, he had divorced it from moral theology and put it on a non-theological--and, we may surmise--on a non-ethical basis.

Powers Of Chinese Courts, Chao-Lung Yang

Vanderbilt Law Review

The Chinese legal system has recently aroused the interest of not a few Western scholars. But little has been written about the powers of the Chinese courts. It has been said-and it is true-that the Chinese legal system belongs to the Continental type. It will, therefore, be interesting to see in what way it is different from the Anglo-American system. Generally speaking, opinions may differ as to the fundamental features which distinguish the Continental legal system from the Anglo-American. But it may perhaps b e said that such features lie more in the sphere of adjective law and legal technique …

Sociology Of Law--A Student's Concept, Glynn A. Pugh

Vanderbilt Law Review

The Anglo-American lawyer is inclined to restrain his interest to the legal order; he becomes a specialist in the decisions rendered by the courts. The attorney, unfamiliar with present day methodology of the social sciences, is easily bewildered by the writings and judicial decisions of the sociological jurist. Part of this bewilderment may be at once eliminated by distinguishing two concepts of "law." The lawyer may conceive of the law as "that which is backed by the force of politically organized society." An inadequate amount of attention is directed toward the sources of law, its trends and its functions. Sociologists …

Reappraisal Of Federal Question Jurisdiction, G. Merle Bergman

Michigan Law Review

For some time I have been reading and listening to criticisms directed toward decisions which the Supreme Court has rendered in cases involving federal question jurisdiction. The general 'tenor of this criticism is that these decisions demonstrate a surprising lack of uniformity and conscious purpose. Writers profess to search in vain for sound logic in the Court's opinions. They point up instead the anomaly which is reflected when cases involving a substantial federal issue are tried in state courts, while those in which no real federal issue is involved are nevertheless accepted for trial in the federal courts. This result, …

Res Ipsa In The Air, Charles F. O'Connor

Indiana Law Journal

No abstract provided.

Policy Bases Of The Conflict Of Laws: Reflections On Rereading Professor Lorenzen's Essays, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Precedent In Past And Present Legal Systems, C. Sumner Lobingier

Michigan Law Review

The prevailing notion that stare decisis is peculiar to the Anglican Legal System is quite provincial and far from correct. On the contrary, the principle is inherent in every legal system, at least in its primitive stage; for the earliest form of law is custom, and the "core of custom" is precedent, not necessarily judicial, but something quite as authoritative.

The Balance Sheet Of Law And Religion, Frank E. Horack Jr.

Articles by Maurer Faculty

No abstract provided.

The Necessity Of Oral Appeal, Alvah J. Rucker

Indiana Law Journal

No abstract provided.