Legal History Commons^™

Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss

Touro Law Review

No abstract provided.

Legal Realism At Yale, 1927-1960, Karin M. Wentz

Michigan Law Review

A Review of Legal Realism at Yale, 1927-1960 by Laura Kalman

Beyond The Ordinary Religion, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson

UIC Law Review

No abstract provided.

Dualistic Legal Phenomena And The Limitations Of Positivism, Gregory Silverman

Faculty Articles

Often, in a case of first instance, a judge will reach a decision by an appeal to legal principles. For example, in the 1889 case of Riggs v. Palmer a New York court had to decide whether a grandson who had murdered his grandfather could inherit under the will in which his grandfather had named him an heir. The statutes and rules of testamentary law did not prohibit the inheritance. The court, however, invoked the legal principle that no one should be permitted to profit by his own wrong and denied the claim to inheritance. The use of such principles …

Liberalism, Radicalism, And Legal Scholarship, Steven H. Shiffrin

Cornell Law Faculty Publications

On Identifying And Reconstructing A General Legal Theory – Some Thoughts Prompted By Professor Moore’S Critique, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Pragmatic Instrumentalism In Twentieth Century American Legal Thought—A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

One Philosophy For An American Revolution, Paul K. Conkin

Michigan Law Review

A Review of The Philosophy of the American Revolution by Morton White

Balzacian Legality, Thomas E. Carbonneau

Faculty Scholarship

The study of law and literature is an area of growing interest to legal scholars in the United States. Honore de Balzac incorporated in his works a panoramic view of the social reality of nineteenth century France. In this context, the fidelity of Balzac's plots and characters to their external models has been well-documented in a number of fields, including sociology, commerce, and finance. In addition to this penchant for realism, however, Balzac laced his novels with an equally evident moral content. This commitment to accuracy and morality also influenced Balzac's novelistic treatment of the law and lawyers.

Balzac's work …

The Purpose Of Law--A Trial Judge's View, Robert M. Worrell

West Virginia Law Review

No abstract provided.

The Comity Doctrine, Hessel E. Yntema

Michigan Law Review

The doctrine of comity, as developed in the Netherlands during the last quarter of the Seventeenth Century, for the first time posed in stark simplicity the basic dilemma of conflicts law in modem times to mediate between the pretensions of territorial sovereignty and the needs of international commerce. As Ulrik Huber, the most influential exponent of the doctrine, observed: "Exempla, quibus utemur, ad juris privati species maxime quidem pertinebunt, sed judicium de illis unice juris publici rationibus constat, & exinde definiri debent.'' ["The examples which we shall use belong principally to the category of private law but their treatment …

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

"Is" And "Ought" In Legal Philosophy, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Logic In The Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

H.L.A. Hart On Justice, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Hurst: Law And Social Process In United States History, Robert S. Hunt

Michigan Law Review

A Review of Law and Social Process in United States History. By James Willard Hurst.

Chinese Communist Law: Its Background And Development, Luke T. Lee

Michigan Law Review

It is perhaps axiomatic to state that law is more than an instrument for the settlement of disputes and punishment of wrongdoers; it is, more importantly, a reflection of the way of life and the philosophy of the people that live under it. Self-evident though the above may be, it bears repeating here, for there is a much greater need for understanding Chinese law now than ever before. China's growing ideological, political, economic, and military impact on the rest of the world would alone serve as a powerful motivation for the study of its law. Certainly, we could not even …

Book Reviews, William L. Prosser, Paul Hardin Iii, Julius Paul

Journal of Legal Education

No abstract provided.

The Rule Of Law In Historical Perspective, W. Burnett Harvey

Michigan Law Review

Events of the past two decades have made imperative a fundamental re-examination of the basis of government and the legal order. The gross inhumanities of the German and Japanese regimes during the Second World War are fresh in our memories. In many areas of the world today, the force of law is being used for the systematic suppression of claims to freedom and human dignity. The revolutionary ferment of the post-war years has brought into existence new governments with the task of determining their fundamental orientation and the direction of their legal orders.

A Note On Symbolic Logic And The Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson

Michigan Law Review

This celebration of the first century of the Michigan Law School recalls the vain endeavor of the Holy Roman Empire to keep the craft of the law out of the Americas. Que no passasen abogados ni procuradores a las Indias was a clause inserted by the Emperor Charles V into the capitulation of 1540 with Alvar Nunez which sanctioned the exploration of the River Plate. Perhaps it was the futility of lawyers which prompted the Imperial veto. Twenty years before, when the Governor of Cuba sought to halt Cortez with decrees of outlawry from Spain, his cunning captain Sandoval evaded …

Friedrich: The Philosophy Of Law In Historical Perspective, Edgar Bodenheimer

Michigan Law Review

A Review of The Philosophy of Law in Historical Perspective. By C. J. Friedrich.

Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.

Michigan Law Review

In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions.

Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema

Michigan Law Review

Despite this risk and without limiting discussion of comparative legal research to a Platonic theory of knowledge-to which I for one would not accede-the text prompts first the inquiry, unavoidable in a constructive discussion of the matter, whether contemporary legal study in the United States is concerned with shadows in an intellectual cave-or in other words, whether it is true, as I was told years ago, partly perhaps in jest, by a late distinguished member of the Supreme Court, then Attorney General, when, encountering me on a visit to the Department of Justice, he kindly asked what I was looking …

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.

Corwin: The "Higher Law" Background Of American Constitutional Law, Charles M. Whelan S.J.

Michigan Law Review

A Review of The "Higher Law" Background of American Constitutional Law. By Edward S. Corwin.

Reuschlein: Jurisprudence-Its American Prophets., S. I. Shuman

Michigan Law Review

A Review of JURISPRUDENCE-ITS AMERICAN PROPHETS. A Survey of Taught Jurisprudence. By Harold Gill Reuschlein.

White: The Federalists, Michigan Law Review

Michigan Law Review

A Review of THE FEDERALISTS. By Leonard D. White.