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Articles 31 - 37 of 37
Full-Text Articles in Law and Philosophy
The Gift Of Milner Ball, Thomas L. Shaffer
The Gift Of Milner Ball, Thomas L. Shaffer
Georgia Law Review
My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend-my colleague, too-and also my teacher (in two senses, including the I-once-paid- tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the …
The Practice Of Law In The Peaceable Kingdom, Robert P. Burns
The Practice Of Law In The Peaceable Kingdom, Robert P. Burns
Georgia Law Review
Milner Ball would be the last person to claim to have constructed a system. After all, he writes in the essay form, one that is "tentative, reflective, suggestive, contradictory, and incomplete."' It is a style that suggests there is more afoot than any science or philosophy is likely to conceive and that much of what is most important has to be shown, not stated. Surely, the notion of a system, as in "the legal system," reflects many of the qualities that, as we will see, he is most at pains to criticize. However, there are definitely themes in his work …
Meeting Of The Minds, Part Ii: A Dark And Angry God Arises, Paul J. Heald
Meeting Of The Minds, Part Ii: A Dark And Angry God Arises, Paul J. Heald
Georgia Law Review
In 1988, Professor Heald found a lost manuscript of Steve Allen's groundbreaking television show, "A Meeting of the Minds."' In that episode, Oliver Wendell Holmes, Mark Kelman, Blaise Pascal, and Richard Posner discussed the nature of law.2 While completing renovation of a house, possibly visited by Allen, Heald recently found another manuscript jammed on top of an old water tank...
Fair Use In American And Continental Laws, Omar M.A. Obeidat
Fair Use In American And Continental Laws, Omar M.A. Obeidat
LLM Theses and Essays
Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
LLM Theses and Essays
Both ancient Roman and contemporary American tort law recognize a type of damages that, instead of compensating the plaintiff for harm suffered, punishes the wrongdoer. In American law, courts can award two distinct amounts of money: compensatory damages for the plaintiff’s loss, and punitive damages as punishment and deterrence. Ancient Roman law had more extreme forms of remedies. In both legal systems there has been a trend to restrict punitive damages over time. The United States made efforts in the 1980s to place caps on punitive damages, which were referred to as “relics of the past,” and enhance requirements for …
The "Rebellion" Of William 0. Douglas, Morris D. Forkosch
The "Rebellion" Of William 0. Douglas, Morris D. Forkosch
Georgia Law Review
THE major problem in reviewing another's thoughts is to minimize, since it cannot be eliminated, the interacting and modifying effect of one's own views and personal interpretations. This problem arises in all human relations, especially where words, not deeds, are in issue. According to Holmes, "[a] word is not a crystal, transparent and unchanged; it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used." With this and other admonitions in mind, it becomes clear that one who reads into Points of Rebellion …