Civil Code: Notes for an Uncelebrated Centennial

This is the first installment of a projected study of the Dakota Civil Code. While this portion deals with the historical background of the Code and its content as drafted for New York by David Dudley Field, a subsequent article will deal with its fate in the hands of the bar, the legislature and the courts in New York, California, and especially the Dakotas

Tribute to Professor Richard B. Tyler, A

Tribute to Professor Richard B. Tyle

Tribute to Professor Richard B. Tyler

Tribute to Professor Richard B. Tyle

Notice, Costs, and the Effect of Judgment in Missouri\u27s New Common-Question Class Action

On December 1, 1972, the Missouri Supreme Court greatly expanded the potential usefulness of the class action device in our state courts by adopting the most recent version of the federal class action rule

European Analogues to the Class Action: Group Action in France and Germany

For the civil proceduralist in the United States the most perplexing problems of recent years have been presented by claims of large numbers of persons against large economic interests. A single error in manufacturing design can cause a relatively small injury to each of a large number of consumers; a misrepresentation in national advertising for such goods can have similar consequences; the polluting effects of a single enterprise can be dispersed among a large neighboring population. The result is that the stake of each potential claimant in the outcome of the litigation can be greatly outweighed by the magnitude of the wrongdoer\u27s total potential exposure and by the expenses of litigating the substantive issues

Encouraging Courage: Law\u27s Response to Fear and Risk

Our three papers provide a helpful review of the many things that can go wrong with our system for the protection of civil liberties under the pressures of war or other emergencies. Professor Winfield focuses on the U.S. Attorney General, the non-judicial officer from whom the public might expect the highest fidelity to the law and the constitution. She offers a sobering perspective on the ways in which those expectations can be and have been disappointed. The star of her taxonomy, I take it, is the Leveler, who reaches an independent (and rights-protective!) view of the law and works to persuade the administration to respect it. Sadly, we have not had nearly as many Francis Biddles as we would wish for