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Arthur Corbin
Arthur Linton Corbin (October 17, 1874 – May 1, 1967) was an American lawyer and legal scholar who was a professor at Yale Law School. He helped develop the philosophy of law known as legal realism, and wrote one of the most celebrated legal treatises of the 20th century, ''Corbin on Contracts''. Early life Corbin was born in Linn County, Kansas, on October 17, 1874. He graduated from the University of Kansas in 1894 and briefly taught high school in Augusta, Kansas, and Lawrence, Kansas. He earned his law degree from Yale Law School in 1899, graduating magna cum laude. Following graduation from Yale, he practiced law in Cripple Creek, Colorado. Corbin returned to Yale Law School in 1903 to serve as an instructor in contract law. Career at Yale Corbin became a full professor at Yale Law School in 1909, a position he would hold until his retirement from teaching in 1943. During his time at Yale, he was strongly influential in turning the law school into the center of legal schol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Linn County, Kansas
Linn County (county code LN) is a county located in east-central Kansas and is part of the Kansas City metropolitan area. As of the 2020 census, the county population was 9,591. Its county seat is Mound City, and its most populous city is Pleasanton. The county was named for Lewis F. Linn, a U.S. Senator from Missouri. History Early history For many millennia, the Great Plains of North America was inhabited by nomadic Native Americans. From the 16th century to 18th century, the Kingdom of France claimed ownership of large parts of North America. In 1762, after the French and Indian War, France secretly ceded New France to Spain, per the Treaty of Fontainebleau. 19th century In 1802, Spain returned most of the land to France, but keeping title to about 7,500 square miles. In 1803, most of the land for modern day Kansas was acquired by the United States from France as part of the 828,000 square mile Louisiana Purchase for 2.83 cents per acre. Explorers in the early ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawrence, Kansas
Lawrence is the county seat of Douglas County, Kansas, Douglas County, Kansas, United States, and the sixth-largest city in the state. It is in the northeastern sector of the state, astride Interstate 70, between the Kansas River, Kansas and Wakarusa River, Wakarusa Rivers. As of the 2020 United States census, 2020 census, the population of the city was 94,934. Lawrence is a college town and the home to both the University of Kansas and Haskell Indian Nations University. Lawrence was founded by the New England Emigrant Aid Company (NEEAC) and was named for Amos A. Lawrence, an abolitionist from Massachusetts, who offered financial aid and support for the settlement. Lawrence was central to the "Bleeding Kansas" period (1854–1861), and the site of the Wakarusa War (1855) and the Sacking of Lawrence (1856). During the American Civil War it was also the site of the Lawrence massacre (1863). Lawrence began as a center of Free-Stater (Kansas), free-state politics. Its economy diver ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Formalism
Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may underlie different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. The ultimate goal of that kind of formalism would be to describe the underlying principles in a single and determinate system that could be applied mechanically—from which the term "mechanical jurisprudence" comes. The antithesis of formalism is legal realism, which has been said to be " rhaps the most pervasive and accepted theory of how judges arrive at legal decisions." This descriptive conception of "legal formalism" can be extended to a normative theory, which holds that judges should decide cases by the appli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Williston
Samuel Williston (September 24, 1861 – February 18, 1963) was an American lawyer and law professor who authored an influential treatise on contracts. Early life, education and family Williston was born in Cambridge, Massachusetts to a family prosperous from the mercantile trade but whose fortunes declined during his youth, which he recalled, "served as a spur to endeavor." He was graduated from Harvard College in 1882 and worked for three years as a survey assistant for a railroad and teaching at a boarding school. An aunt's bequest enabled him to enroll in Harvard Law School, where he thrived. He was an editor of the first volume of the ''Harvard Law Review'', and in 1888 he graduated first in his class with LL.B. and M.A. degrees. On September 12, 1889, he married Mary Fairlie Wellman. They had two daughters: Dorothea Lewis Williston (Mrs. Murray F. Hall), and Margaret Fairlie Williston (Mrs. Chester B. McLaughlin, Jr.). His wife died in 1929. Legal career Early ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Course Of Performance
The term course of performance is defined in the Uniform Commercial Code as follows: (a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if: :(1) the agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and :(2) the other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.UCC § 1-303(a) " Course of dealing," as defined in CC § 1-303subsection (b), is restricted, literally, to a sequence of conduct between the parties previous to the agreement. A sequence of conduct after or under the agreement, however, is a "course of performance." Where a contract involves repeated occasions for performance and opportunity for objection "any course of performance accepted or acquiesced in without objection shall be relevant to determine the meaning of the agreement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Course Of Dealing
The term course of dealing is defined in the Uniform Commercial Code as follows: A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct. UCC § 1-303(b) "Course of dealing," as defined in subsection (b), is restricted, literally, to a sequence of conduct between the parties previous to the agreement. A sequence of conduct after or under the agreement, however, is a "course of performance." Even though, according to the parol evidence rule, words and terms in a writing intended to be the final expression of the agreement of the parties may not be contradicted by extrinsic evidence of a prior or contemporaneous agreement, extrinsic evidence in the form of course of dealing nonetheless may be used to explain or supplement the writing. An integration clause in a contract, stating that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Party (law)
A party is an individual or group of individuals that compose a single entity which can be identified as one for the purposes of the law. Parties include: * plaintiff (person filing suit), * defendant (person sued or charged with a crime), * petitioner (files a petition asking for a court ruling), * respondent (usually in opposition to a petition or an appeal), * cross-complainant (a defendant who sues someone else in the same lawsuit), or * cross-defendant (a person sued by a cross-complainant). A person who only appears in the case as a witness is not considered a party. Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the ''party of the first part''; and the party against whom the case was brought as the defendant, or, in older American cases, the ''party of the second part''. In a criminal case in Nigeria and some other countries t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Opinion
A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision. Drafting process An opinion may be released in several stages of completeness. First, a bench opinion may be handed down, with the judge or panel of judges indicating their decision and a rough explanation of the reasoning underlying it. A slip opinion may also be issued the day the decision is handed down, and is usually not typeset or fully formatted. It is not the final or most authoritative version, being subject to further revision before being replaced with a final published edition. The Supreme Court of the United States issues slip opinions with the following disclaimer: Types of judicial opinions A unanimous opinion is one in which all of the justices agree and offer one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Journals
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging law concepts from various topics. Law reviews are generated in almost all law bodies/institutions worldwide. However, in recent years, some have claimed that the traditional influence of law reviews is declining. Unlike other scholarly journals, most law journals in the United States and Canada are housed at individual law schools and are edited by students, not professional scholars. A law school will typically have a "flagship" law review and several secondary journals dedicated to specific topics. For example, Harvard Law School's flagship journal is the '' Harvard Law Review'', and it has 16 other secondary journals such as the ''Harvard Journal of Law & Technology'' and the '' Harvard Civil Rig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law School In The United States
A law school in the United States is an educational institution where students obtain a professional education in law after first obtaining an undergraduate degree. Law schools in the U.S. confer the degree of Juris Doctor (J.D.), which is a professional doctorate. Under "Data notes" this article mentions that the J.D. is a professional doctorate. Under "other references", this discusses differences between academic and professional doctorates, and contains a statement that the J.D. is a professional doctorate Report by the German Federal Ministry of Education analysing the Chronicle of Higher Education from the U.S. and stating that the J.D. is a professional doctorate It is the degree usually required to practice law in the United States, and the final degree obtained by most practitioners in the field. Juris Doctor programs at law schools are usually three-year programs if done full-time, or four-year programs if done via evening classes. Some U.S. law schools include an Acce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement (Second) Of Contracts
The Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law. It is one of the best-recognized and frequently cited legal treatisesAcceptable citation format under the Bluebook: "Restatement (Second) of Contracts § ___ (1981)." The Bluebook: A Uniform System of Citation § 12.8.5 (Columbia Law Review Ass'n et al. eds., 17th ed. 2000) in all of American jurisprudence. Every first-year law student in the United States is exposed to it, and it is a frequently cited non-binding authority in all of U.S. common law in the areas of contracts and commercial transactions. It is a work without peer in terms of overall influence and recognition among the bar and bench, with the possible exception of the Restatement of Torts. The American Law Institute began work on the second edition in 1962 and completed it in 1979; the version in use at present ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Law Institute
The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. Members of ALI include law professors, practicing attorneys, judges and other professionals in the legal industry. ALI writes documents known as "treatises", which are summaries of state common law (legal principles that come out of state court decisions). Many courts and legislatures look to ALI's treatises as authoritative reference material concerning many legal issues. However, some legal experts and the late Supreme Court Justice Antonin Scalia, along with some conservative commentators, have voiced concern about ALI rewriting the law ''as they want it to be'' instead of ''as it is''. The ALI drafts, approves, and publishes ''Restatements of the Law'', ''Principles of the Law'', model acts, and other proposals for law reform. The A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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