scholarly journals A Treatise on the Anglo-American System of Evidence in Trials at Common Law, Including the Statutes and Judicial Decisions of All Jurisdictions of the United States and Canada

1940 ◽  
Vol 89 (2) ◽  
pp. 256
Author(s):  
James H. Chadbourn ◽  
John Henry Wigmore
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
American System ◽  
Judicial Decisions ◽  
Anglo American

Parallels between Talmudic and New York Usury Laws

1966 ◽  
Vol 9 (1) ◽  
pp. 84-100 ◽  
Author(s):  
Bernard J. Meislin
Keyword(s):  
United States ◽  
New York ◽  
Economic System ◽  
Common Law ◽  
The United States ◽  
Jewish Law ◽  
Special Situation ◽  
Judicial Decisions ◽  
Legal Limits ◽  
Communist Countries

The two jurisdictions with the greatest volume and complexity of laws dealing with usury are the United States and Israel. England, the wellspring of our common law, and one of present-day Israel's legal fonts, did away with all regulation of interest over a century ago. All of continental Europe contains only two or three jurisdictions which apply legal limits to interest on loans. The communist countries present a special situation since private loans at interest have no official place in the economic system. Islamic countries, like Pakistan, constitutionally frown on interest but it is present in practice, thereby embarrassing the secular authorities. However, the extent of legal experience with loans at interest in all other jurisdictions combined does not rival that wealth of elaborate study which is to be found in judicial decisions and legislative documents in American and Jewish law. It is, therefore, of interest to examine from a comparative standpoint the approach to usury taken by United States' courts and by Jewish legal authorities to see in which respects they differ and are similar.

Introduction

2021 ◽  
pp. 1-6
Author(s):  
Amanda L. Tyler
Keyword(s):  
United States ◽  
Great Britain ◽  
Common Law ◽  
The United States ◽  
Habeas Corpus ◽  
American Law ◽  
History Of ◽  
The Common ◽  
Anglo American

The Introduction provides an overview of the history of the writ of habeas corpus and an overview of the book, which tells the story of what is sometimes known as “the Great Writ” as it has unfolded in Anglo-American law. The primary jurisdictions explored are Great Britain and the United States, yet many aspects of this story will ring familiar to those in other countries with a robust habeas tradition. The book chronicles the longstanding role of the common law writ of habeas corpus as a vehicle for reviewing detentions for conformity with underlying law, as well as the profound influence of the English Habeas Corpus Act of 1679 on Anglo-American law. The Introduction highlights how the writ has at times failed to live up to its glorification by Blackstone and others, while noting that at other times it has proven invaluable to protection of liberty, including as a vehicle for freeing slaves and persons confined solely based on a King’s whim.

Incorporation of the Law of Nations During the American Revolution—The Case of the San Antonio

1977 ◽  
Vol 71 (2) ◽  
pp. 270-295 ◽  
Author(s):  
Henry J. Bourguignon
Keyword(s):  
United States ◽  
International Law ◽  
American Revolution ◽  
San Antonio ◽  
Common Law ◽  
The United States ◽  
Law Of Nations ◽  
The Supreme Court ◽  
The Law ◽  
Anglo American

In an article published in this Journal in 1932, Professor Edwin Dickinson pointed out that the Supreme Court, in the first thirty years of its existence, dealt with 82 cases which raised questions of international law. The Court and counsel before it repeatedly cited the familiar writers on the law of nations: Grotius, Pufendorf, Bynkershoek, Burlamaqui, Rutherforth, and Vattel. As Dickinson pointed out, “It is an ancient doctrine of the Anglo-American common law that the law of nations is incorporated in and in some sense forms part of the national law.” Largely through decisions based on the principles expressed by the classical writers, the law of nations was early incorporated as part of the law of the United States.

scholarly journals Putting the Corporation in its Place

2007 ◽  
Vol 8 (3) ◽  
pp. 687-729 ◽  
Author(s):  
Timothy Guinnane ◽  
Ron Harris ◽  
Naomi R. Lamoreaux ◽  
Jean-Laurent Rosenthal
Keyword(s):  
United States ◽  
Common Law ◽  
Limited Liability ◽  
The United States ◽  
Alternative Form ◽  
Business Organization ◽  
Limited Liability Company ◽  
Legal Personhood ◽  
The United Kingdom ◽  
Anglo American

This article challenges the idea that the corporation is a globally superior form of business organization and that the Anglo-American common-law is more conducive to economic development than the code-based legal systems characteristic of continental Europe. Although the corporation had important advantages over the main alternative form of organization (partnerships), it also had disadvantages that limited its appeal to small- and medium-sized enterprises (SMEs). As a result, when businesses were provided with an intermediate choice, the private limited liability company (PLLC) that combined the advantages of legal personhood and joint stock with a flexible internal organizational structure, most chose not to organize as corporations. This article tracks the changes that occurred in the menu of business organizational forms in two common-law countries (the United Kingdom and the United States) and two countries governed by legal codes (France and Germany) and presents data showing the rapidity with which firms in each country responded to enabling legislation for PLLCs. We show that the PLLC was introduced first and most easily in a code country (Germany) and last and with the most difficulty in a commonlaw country (the United States). Late introduction was associated with prolonged use of the partnership form, suggesting that the disadvantages of corporations did indeed weigh heavily on SMEs.

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