scholarly journals American Law-A Treatise on the Jurisprudence, Constitution and Laws of the United States

1900 ◽  
Vol 10 (2) ◽  
pp. 69
Author(s):  
James DeWitt Andrews
Keyword(s):  
United States ◽  
The United States ◽  
American Law

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

Denial of Health Care and Informed Consent in English and American Law

1992 ◽  
Vol 18 (1-2) ◽  
pp. 37-71
Author(s):  
Frances H. Miller
Keyword(s):  
United States ◽  
Health Care ◽  
Informed Consent ◽  
The United States ◽  
Health Care Rationing ◽  
Legal Obligation ◽  
The United Kingdom ◽  
American Law ◽  
Care Rationing ◽  
Increased Pressure

Health care rationing has gained greater visibility in the United States and the United Kingdom, for quite different reasons. As patients in both countries become more aware that potentially beneficial medical services can be denied them on economic — as opposed to purely medical — grounds, they are beginning to seek help from the judiciary. This Article contends that as rationing becomes more explicit, the doctrine of informed consent will come under increased pressure. The Article suggests that courts and legislatures consider imposing a legal obligation on physicians to inform their patients when potentially effective treatment is to be withheld for economic or other non-clinical reasons.

scholarly journals The Law of Obligations

2018 ◽  
Author(s):  
Michael Lobban
Keyword(s):  
United States ◽  
Tort Law ◽  
The United States ◽  
Contract Law ◽  
Public Law ◽  
The Other ◽  
Economic Changes ◽  
American Law ◽  
Anglo American ◽  
Unifying Principles

The Anglo-American law of obligations was profoundly reshaped in the two centuries after 1800, driven by social and economic changes, and changes in legal institutions and doctrines. In contract law, nineteenth-century jurists increasingly sought to put the rules of law into a coherent rational framework (inspired by continental models resting on will theory), though they soon found that this theory could not explain many contractual doctrines. In tort law, jurists were also divided over whether unifying principles underlying tort could be uncovered, with formalist efforts to find such principles being challenged by Realists who argued that tort was in effect ‘public law in disguise’. The quest for underlying principles was also pursued by scholars of unjust enrichment, first in the United States and subsequently in England; though as in the other areas of obligations, by the end of the twentieth century, there was no consensus on whether this was possible.

scholarly journals How Should We Assess Interviewing and Counseling Skills?

2014 ◽  
Vol 9 ◽  
pp. 57 ◽  
Author(s):  
Lawrence Grosberg
Keyword(s):  
United States ◽  
The United States ◽  
Law School ◽  
First Century ◽  
Counseling Skills ◽  
Gold Standard Method ◽  
American Law ◽  
Student’S Performance ◽  
Method Of Assessment ◽  
Law Professors

<p>The need to teach interviewing and counseling skills has long been established among clinical legal educators. Even among our non-clinical colleagues, these skills are recognized as integral to competent lawyering. While there remains considerable difference of opinion within the United States as to whether teaching such skills should be in a required course or simply be available as an elective, there is no doubt that a twenty-first century American law school must include the teaching of these skills in its curricular array.</p><p>This paper first briefly describes the structure of legal education in the United States (insofar as clinical and skills teaching is concerned) and the almost total absence of any bar admission training or apprenticeship requirements. If the law schools are not required to fully train all future lawyers and the bar admission authorities likewise disavow responsibility for doing so, should clinical law professors assume the burden? I then go on to discuss the primary clinical evaluation technique of directly observing the student's performance, sometimes referred to as the gold standard method of assessment. Against the backdrop of the assertion that it is beneficial to use multiple methods of assessment, I then describe the several methods I have used to address the question of how best to assess interviewing and counseling skills. As an aside, it becomes clear that much more empirical analysis is in order.</p>

scholarly journals A REVIEW OF CERTAIN TYPES OF PERMISSIVE ACTIVITIES IN THE UNITED STATES OF AMERICA

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Феликс Лещенков ◽  
Feliks Leshchenkov
Keyword(s):  
United States ◽  
High Schools ◽  
United States Of America ◽  
The United States ◽  
Postgraduate Students ◽  
Scientific Methods ◽  
American Law ◽  
Legal High ◽  
American Federalism ◽  
Insufficient Number

In this article the author briefly inspects certain types of permissive system in the United States of America: registration of companies, accreditation and licensing. The article pays attention to procedure of each type of permissive system, to bodies, empowered to perform such procedures and to related documents. Features of American federalism in permissive system are taken into account. The article would be interesting for legal scholars, researchers of comparative and American law, lecturers, students and postgraduate students of legal high schools. This article features such scientific methods as analyze, summarizing, deduction, induction, analogy and logic. Scientific nuisance of the article is confirmed by the insufficient number of Russian publications concerning permissive system in America. The article is being actual due to review of most modern changes in American permissive system.

United States Vagrancy Laws

2018 ◽  
Author(s):  
Risa L. Goluboff ◽  
Adam Sorensen
Keyword(s):  
United States ◽  
Civil Rights ◽  
The United States ◽  
Social Fabric ◽  
American Law ◽  
American Society ◽  
The 1960S ◽  
The Many ◽  
Social Upheaval ◽  
The Unemployed

The crime of vagrancy has deep historical roots in American law and legal culture. Originating in 16th-century England, vagrancy laws came to the New World with the colonists and soon proliferated throughout the British colonies and, later, the United States. Vagrancy laws took myriad forms, generally making it a crime to be poor, idle, dissolute, immoral, drunk, lewd, or suspicious. Vagrancy laws often included prohibitions on loitering—wandering around without any apparent lawful purpose—though some jurisdictions criminalized loitering separately. Taken together, vaguely worded vagrancy, loitering, and suspicious persons laws targeted objectionable “out of place” people rather than any particular conduct. They served as a ubiquitous tool for maintaining hierarchy and order in American society. Their application changed alongside perceived threats to the social fabric, at different times and places targeting the unemployed, labor activists, radical orators, cultural and sexual nonconformists, racial and religious minorities, civil rights protesters, and the poor. By the mid-20th century, vagrancy laws served as the basis for hundreds of thousands of arrests every year. But over the course of just two decades, the crime of vagrancy, virtually unquestioned for four hundred years, unraveled. Profound social upheaval in the 1960s produced a concerted effort against the vagrancy regime, and in 1972, the US Supreme Court invalidated the laws. Local authorities have spent the years since looking for alternatives to the many functions vagrancy laws once served.

American Law Institute Releases a Volume of the Restatement Fourth of the Foreign Relations Law of the United States, Partially Revising the Restatement Third

2019 ◽  
Vol 113 (2) ◽  
pp. 386-388 ◽  
Keyword(s):  
United States ◽  
Foreign Relations ◽  
The United States ◽  
Sovereign Immunity ◽  
The Third ◽  
American Law

In late 2018, the American Law Institute released a volume of the Restatement Fourth of the Foreign Relations Law of the United States. Initiated in October 2012 under the direction of Coordinating Reporters Sarah Cleveland and Paul Stephan, this volume covers three areas of U.S. foreign relations law: treaties, jurisdiction, and sovereign immunity. It remains to be seen whether the American Law Institute will revisit other portions of the Restatement Third, which was published in 1987. “[I]n the meantime, the provisions of the Third Restatement remain the position of The American Law Institute except where superseded by provisions in this Fourth Restatement.”

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