81 research outputs found

    Nineteenth Century German Legal Science

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    Horrible Holmes

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    Holmes has kept scholars busy for most of a century, and the resulting volume of literature about him is staggering. In that last twenty years along, we have been blessed with four biographies, four symposia, three new collections of his works, two volumes of essays, and various monographs, not to mention a multitude of free-standing law review articles. Since life is short, everyone who adds to the deluge, including Albert Alschuler with his new book, bears a heavy responsibility to make the expenditure of trees, library space, and reading time worthwhile. Does Law Without Values fulfill that responsibility? Despite the book\u27s considerable weaknesses the answer is yes, but it is a close call

    Why Continental Jurists Should Consult Their Transatlantic Colleagues

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    The idea of codification has proved to be amazingly resilient. In its modern form, it was originally the child of the 18th century marriage between the law of reason and enlightened absolutism. It was adopted and refined by 19th century conceptual jurisprudence, liberalism, and republicanism. It survived even the 20th century with its mass democracy and totalitarian regimes, social and regulatory state, and consumer society. Thus, there is every reason to believe that it will be with us in the 21st century as well. This is particularly true in continental Europe. In most countries there, the traditional civil codes have remained in force, often for 100 years or more. In other lands, notably in eastern Europe after the fall of communism, they are being revived. In yet others, such as the Netherlands, they are being replaced by completely new texts. I want to urge my European fellow jurists working toward a common civil code to consult and cooperate with scholars from other parts of the world, notably from North America

    Why Holmes?

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    A Review of Honorable Justice: The Life of Oliver Wendell Holmes by Sheldon M. Novic

    A Human Rights Exception to Sovereign Immunity: Some Thoughts on \u3cem\u3ePrincz v. Federal Republic of Germany\u3c/em\u3e

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    Though narrow in scope, this article is emphatic in its message. It is time to deny immunity to foreign sovereigns for torture, genocide, or enslavement, at least when they are sued by Americans in American courts. Such a denial would be consonant with two developments that have marked international law since World War II: the restriction of sovereign immunity and the expansion of human rights protection

    A New Restatement-For the International Age

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    Symposium: Preparing for the Next Century-A New Restatement of Conflicts

    Features: Taking Globalization Seriously: Michigan Breaks New Ground by Requiring the Study of Transnational Law

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    Taking globalization seriously: Michigan breaks new ground by requiring the study of transnational law. The faculty acted on the conviction that a fundamental understanding of how law works in the global context must be part of every lawyer\u27s toolkit
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