Search results
Results from the WOW.Com Content Network
"Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various questions is distributed vertically (as between state and federal governments) and horizontally (as between branches of government) and how this impacts on the legitimacy of decisions.
The central question of The Nature of the Judicial Process is how judges should decide cases. Cardozo's answer is that judges should do what they have always done in the Anglo-American legal tradition, namely, follow and apply the law in easy cases, and make new law in hard cases by balancing competing considerations, including the paramount value of social welfare.
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.
The term was first used explicitly in 1930s legal casebooks as a categorical distinction of selected due process cases, and by 1952 Supreme Court opinions had mentioned it twice. [4] The term "substantive due process" itself is commonly used in two ways: to identify a particular line of case law and to signify a particular political attitude ...
The rise of the legal profession in America ( 2 vol. U of Oklahoma Press, 1965). Granfield, Robert. Making elite lawyers : visions of law at Harvard and beyond - New York, NY [etc.] : Routledge, 1992; Duncan Kennedy: Legal Education and the Reproduction of Hierarchy, New Edition, New York Univ Press, 2004, ISBN 0-8147-4778-7
The Yale Biographical Dictionary of American Law (2009) Oldman, Mark, ed. The Vault.com Guide to America's Top 50 Law Firms (1998) Oller, John. White Shoe: How a New Breed of Wall Street Lawyers Changed Big Business and the American Century (2019), excerpt; Power, Roscoe. "Legal Profession in America," 19 Notre Dame Law Review (1944) pp 334+ online
Higginbotham published In the Matter of Color: Race and the American Legal Process 1: The Colonial Period in 1978, which the Oxford University Press reissued in 1980. He also wrote or helped write over 100 law review articles. [22]
The Restatements of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law. While considered secondary authority (compare to primary authority), the authoritativeness of the Restatements of the Law is evidenced by their acceptance by courts throughout the United States.