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Roscoe Pound
Nathan Roscoe Pound (October 27, 1870 – June 30, 1964) was an American legal scholar and educator. He served as Dean of the University of Nebraska College of Law from 1903 to 1911 and Dean of Harvard Law School from 1916 to 1936. He was a member of Northwestern University, the University of Chicago Law School and the faculty at UCLA School of Law in the school's early years, from 1949 to 1952. '' The Journal of Legal Studies'' has identified Pound as one of the most cited legal scholars of the 20th century. Early life and education Pound was born in Lincoln, Nebraska to Stephen Bosworth Pound and Laura Pound. His sister was the noted linguist and folklorist, Louise Pound. Pound studied botany at the University of Nebraska in Lincoln, where he became a member of the Chi Phi Fraternity. He received his bachelor's degree in 1888 and his master's degree in 1889. In 1889 he began the study of law; he spent one year at Harvard but never received a law degree. Following his year ...
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Lincoln, Nebraska
Lincoln is the capital city of the U.S. state of Nebraska and the county seat of Lancaster County. The city covers with a population of 292,657 in 2021. It is the second-most populous city in Nebraska and the 73rd-largest in the United States. The city is the economic and cultural anchor of a substantially larger metropolitan area in the southeastern part of the state called the Lincoln Metropolitan and Lincoln- Beatrice Combined Statistical Areas. The statistical area is home to 361,921 people, making it the 104th-largest combined statistical area in the United States. The city was founded in 1856 as the village of Lancaster on the wild salt marshes and arroyos of what was to become Lancaster County. Renamed after President Abraham Lincoln, it became Nebraska's state capital in 1869. The Bertram G. Goodhue–designed state capitol building was completed in 1932, and is the second tallest capitol in the United States. As the city is the seat of government for the s ...
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Louise Pound
Louise Pound (June 30, 1872 – June 28, 1958) was an American folklorist, linguist, and college professor at the University of Nebraska. In 1955, Pound was the first woman elected president of the Modern Language Association, and in the same year, she was the first woman inducted into the Nebraska Sports Hall of Fame. Early life Pound was born in Lincoln, Nebraska to Stephen Bosworth Pound and Laura Pound. Alongside her older brother, noted legal professor Roscoe Pound, and her younger sister, Olivia Pound, Pound was instructed by her mother in various disciplines including the natural sciences, ancient and modern languages, and literature. Pound studied at a preparatory school, the Latin School, in the School of Fine Arts, transitioning in 1888 to the University of Nebraska (B.B. 1892 and M.A., 1895). Pound was an active student throughout the university. Along with her siblings and her colleague Willa Cather, she was a member of the University Union Literary Society at ...
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Legal Realism
Legal realism is a naturalistic approach to law. It is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. Hypotheses must be tested against observations of the world. Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences, rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually practiced. Indeed, legal realism asserts that the law cannot be separated from its application, nor can it be understood outside of its application. As such, legal realism emphasizes law as it actually exists, rather than the law as it ought to be. Locating the meaning of law in areas like legal opinions issued by judges and their deference or dismissal of past precedent and the doctrine of ''stare decisis'', it stresses the importance of understanding the factors involved in judicial decision ...
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Lochner V
''Lochner v. New York'', 198 U.S. 45 (1905), was a landmark decision of the U.S. Supreme Court in which the Court ruled that a New York state law setting maximum working hours for bakers violated the bakers' right to freedom of contract under the Fourteenth Amendment to the U.S. Constitution. The decision has been effectively overturned. The underlying case began in 1899 when Joseph Lochner, a German immigrant who owned a bakery in Utica, New York, was charged with violating New York's Bakeshop Act of 1895. The Bakeshop Act had made it a crime for New York bakeries to employ bakers for more than 10 hours per day or 60 hours per week. He was convicted and ultimately appealed to the U.S. Supreme Court. A five-justice majority of the Supreme Court held that the law violated the due process clause, stating that the law constituted an "unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract". Four dissenting justices rejected t ...
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Freedom Of Contract
Freedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions, restrictions on price fixing, or restrictions on contracting with undocumented workers. The freedom to contract is the underpinning of ''laissez-faire'' economics and is a cornerstone of free-market libertarianism. The proponents of the concept believe that through "freedom of contract", individuals possess a general freedom to choose with whom to contract, whether to contract or not, and on which terms to contract. History Henry James Sumner Maine proposed that social structures evolve from roles derived from social status to those based on contractual freedom. A status system establishes obligations and relationships by birth, but a contract presumes that the individuals are free and equal. Modern libertarianism, such as that advanced by Robert Nozic ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ...
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Sociology Of Law
The sociology of law (legal sociology, or law and society) is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintainin ...
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Joseph Henry Beale
Joseph Henry Beale (October 12, 1861 – January 20, 1943) was an American law professor at Harvard Law School and served as the first dean of University of Chicago Law School. He was notable for his advancement of legal formalism, as well as his work in Conflict of Laws, Corporations, and Criminal Law.Williston, Samuel, "Joseph Henry Beale: A Biographical Sketch", 56 Harvard Law Review No. 5, p. 685 Early life and education Beale was born in the neighborhood of Dorchester in Boston, Massachusetts. He attended Harvard University as an undergraduate, distinguishing himself in classics and mathematics. He graduated fifth in his class in 1882. He studied law at Harvard Law School. Upon graduation, he declined an offer to clerk for the United States Supreme Court, and opened his own practice. Legal and academic career Beale worked for several years in his own practice, authoring or co-authoring several treatises during this time, including an influential treatise on damage ...
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American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 14.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. The organization's national headquarters are in Chicago, Illinois, and it also maintains a significant branch office in Washington, D.C. History The ABA was founded on August 21, 1878, in Saratoga Springs, New York, by 75 lawyers from 20 states and the District of Columbia. According to the ABA website: The purpose of the original organization, as set forth in its first constitution, was "the advancement of the science of jurisprudence, the p ...
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Comparative Law Bureau
The ''Annual Bulletin'' of the Comparative Law Bureau of the American Bar Association (ABA) was a U.S. specialty law journal (1908–1914, 1933). The first comparative law journal in the United States, it surveyed foreign legislation and legal literature. Circulated to all ABA members, it was absorbed in 1915 by the newly formed ''American Bar Association Journal''. History Bureau In 1905, a committee of the Pennsylvania State Bar Association considered the creation of a comparative law society and recommended to bring such large project to the American Bar Association.Clark 2005. The ABA created such entity at its 1907 annual meeting, as a new section named the Comparative Law Bureau: the Bureau members would meet annually at the ABA's summer meeting and publish an annual bulletin. The Bureau's officers included: Simeon E. Baldwin (as director, 1907–1919; ABA co-founder and president, later Governor of Connecticut) and William Smithers (as secretary, also the chairman of the '' ...
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Annual Bulletin (CLB)
The ''Annual Bulletin'' of the Comparative Law Bureau of the American Bar Association (ABA) was a U.S. specialty law journal (1908–1914, 1933). The first comparative law journal in the United States, it surveyed foreign legislation and legal literature. Circulated to all ABA members, it was absorbed in 1915 by the newly formed ''American Bar Association Journal''. History Bureau In 1905, a committee of the Pennsylvania State Bar Association considered the creation of a comparative law society and recommended to bring such large project to the American Bar Association.Clark 2005. The ABA created such entity at its 1907 annual meeting, as a new section named the Comparative Law Bureau: the Bureau members would meet annually at the ABA's summer meeting and publish an annual bulletin. The Bureau's officers included: Simeon E. Baldwin (as director, 1907–1919; ABA co-founder and president, later Governor of Connecticut) and William Smithers (as secretary, also the chairman of the '' ...
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Comparative Law
Comparative law is the study of differences and similarities between the law (legal systems) of different countries. More specifically, it involves the study of the different legal "systems" (or "families") in existence in the world, including the common law, the civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism, economic globalization, and democratization. History The origins of modern Comparative Law can be traced back to Gottfried Wilhelm Leibniz in 1667 in his Latin-language book ''Nova Methodus Discendae Docendaeque Iurisprudentiae'' (New Methods of Studying and Teaching Jurisprudence). Chapter 7 (Presentation of Law as the Project for all Nations, Lands and Times) introduces the idea of classifying Legal Systems into se ...
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