Public Law and Legal Theory Commons^™

Concurrent Tribal And State Jurisdiction Under Public Law 280 , Vanessa J. Jimenez, Soo C. Song

American University Law Review

No abstract provided.

The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Public Choice And The Future Of Public-Choice-Influenced Legal Scholarship, David A. Skeel, Jr.

Vanderbilt Law Review

By many yardsticks, public choice is the single most successful transplant from the world of economics to legal scholarship., As with other law-and-economics scholarship, critics have attacked its assumptions, its methodology, and its conclusions. But nearly everyone concedes the power of at least some of the insights of public choice, and many of its terms, including "public choice" itself, have become common coinage in the legal literature, even among those who would never overtly rely on law-and-economics perspectives in their work.

Although both Maxwell Stearns's collection of readings and commentary, Public Choice and Public Law, and much of this Review …

An Independent Public Law, Carl W. Tobias

Law Faculty Publications

This Article analyzes the application of numerous Federal Rules in public law litigation to show how the resurrection of private law approaches and hostility toward public interest litigants serves to disadvantage public interest litigants. The assessment is intended to discourage such future enforcement of the Federal Rules and analogous judicial treatment in other areas of public law. The Article is also meant to foster greater appreciation of public law and the articulation of a larger complement of public law principles so as to facilitate the growth of an independent public law.

Public Law Litigation And The Federal Rules Of Civil Procedure, Carl W. Tobias

Law Faculty Publications

The public interest litigant is no longer a nascent phenomenon in American jurisprudence. Born of the need of large numbers of people who individually lack the economic wherewithal or the logistical capacity to vindicate important social values or their own specific interests through the courts, these litigants now participate actively in much federal civil litigation: public law litigation. Despite the pervasive presence of public interest litigants, the federal judiciary has accorded them a mixed reception, particularly when applying the Federal Rules of Civil Procedure. Many federal courts have applied numerous Rules in ways that disadvantage public interest litigants, especially in …

Principles And Politics And Public Law, John A. G. Griffith

Osgoode Hall Law Journal

The article examines questions of public law as they apply to some of the scandals that have affected the Thatcher regime in Britain. It looks at some of the principles which underlie parliamentary actions and the internal machinations of Governments. Finally, the article questions the application and development of administrative law which it seems is beset by inconsistency and contradiction in the courts of Britain.

Private Universities And Public Law, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Commercial Treaties And International Trade Transactions In East-West Trade, Clive M. Schmitthoff

Vanderbilt Law Review

Operations of international trade law are transacted on two levels--that of public law and that of private law. This distinction is clearly drawn in the Report of the Secretary-General of the United Nations on "The Progressive Development of the Law of International Trade," a report which, it may be recalled, preceded the establishment of the United Nations Commission on International Trade Law (UNCI-TRAL) in December 1966. That report limits its ambit to the "law of international trade," which is defined as "the body of rules governing commercial relationships of a private law nature involving different countries." The report excludes from …

The Politics Of Planning For Urban Redevelopment: Strategies In The Manipulation Of Public Law, Sheldon J. Plager, Joel F. Handler

Articles by Maurer Faculty

In this article Professors Plager and Handler examine the influence of legal process upon decision making in municipal redevelopment. Their thesis is that public acceptance of a redevelopment venture depends primarily on the command of political and planning skills and occurs despite rather than because of legal procedures designed to accommodate principles of democracy. Partly through the method of a case study of recent data collected from one municipality, partly by comparative analysis with other studies, they conclude that the reality of decision making in the region they explore is the predominance of informal power over formal, democratic, legal decision-making …

Justice Joseph Story: A Study Of The Legal Philosophy Of A Jeffersonian Judge, Morgan D. Dowd

Vanderbilt Law Review

Few studies have sought to explicate the legal philosophy of Joseph Story despite his enormous reputation as scholar, Supreme Court justice and professor at the Harvard Law School. Worse still, there has been little critical analysis of nineteenth-century concepts and statements of the law.' The purpose of this essay, then, is to examine the validity of Story's legal theories and to evaluate his work as a major contributor to American public law. As a result of this study,it is hoped that progress can be made toward a greater understanding of the man, the justice, and his philosophy of law.

Trade Regulation -- 1961 Tennessee Survey (Ii), Leo I. Raskind

Vanderbilt Law Review

This field of law, not previously treated independently in the annual survey, is designated as Trade Regulation or alternatively as Government or Public Control of Business. In the limit, this body of doctrine is an amalgam of tort and contract principles bearing the impress of the equity practice. These distinct principles are now embodied in both state and federal statutes as the foundations of legal control over competitive commercial conduct. Their scope extends, with different emphasis, from public utility rate regulation to a variety of aspects of market structure and conduct in the unregulated sector of the economy. The principal …

Book Reviews, John F. Bowen, Edwin G. Nourse

Vanderbilt Law Review

Book Reviews

Depreciation and Taxes Symposium conducted by the Tax Institute,November 20-21, 1958 Princeton: Tax Institute, Incorporated, 1959.Pp. viii, 248. $6.00

reviewer: John F. Bowen

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Planning for Freedom; The Public Law of American Capitalism By Eugene V. Rostow New Haven: Yale University Press, 1959.Pp. x, 437. $6.00

reviewer: Edwin G. Nourse

The Supreme Court Of History, Howard Jay Graham

Vanderbilt Law Review

Our theme is simple, overpowering: Justices of the Supreme Court, a number of whose predecessors destroyed the bulk or their correspondence, and who themselves may be tempted to do likewise, nonetheless quite evidently desire, and certainly deserve, faithful (if not quite full) reconstruction, both of their individual roles, and of the Court's, in our constitutional scheme. Much of this story, to quote the then Professor Frankfurter, is "largely irrecoverable,"' yet indispensable to an understanding of our institutions.

Manifestly, something of a paradox is involved in our whole attitude toward judicial history. Much of the law, particularly judge-made public law, is …

The Position Of Statutory Construction In Present Day Law Practice, John W. Macdonald

Vanderbilt Law Review

Even the title assigned to this article emphasizes a point of view. We will consider the position of statutory construction not from the aspect of judges, appellate or trial, who must decide cases. Instead we are to look at the subject from the point of view of the practitioner, the lawyer himself. The practice of law is of course varied. And there are many fields of knowledge which control that practice. Some of these obviously do not involve law at all. The lawyer is a litigator, an advocate in court or before quasi-judicial bodies. He is also a counsellor, an …

Symposium On Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.