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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 contributed to the development of 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 and education 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 l ...
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Linn County, Kansas
Linn County is a county in the U.S. state of Kansas, located along the eastern edge of Kansas, and is part of the Kansas City metropolitan area. Its county seat is Mound City, and its most populous city is Pleasanton. As of the 2020 census, the county population was 9,591. The county was named for Lewis 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. ...
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Harvard Law School
Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United States. Each class in the three-year Juris Doctor, JD program has approximately 560 students, which is among the largest of the top 150 ranked law schools in the United States. The first-year class is broken into seven sections of approximately 80 students, who take most first-year classes together. Aside from the JD program, Harvard also awards both Master of Laws, LLM and Doctor of Juridical Science, SJD degrees. HLS is home to the world's largest academic law library. The school has an estimated 115 full-time faculty members. According to Harvard Law's 2020 American Bar Association, ABA-required disclosures, 99% of 2019 graduates passed the bar exam.Rubino, Kathryn"Bar Passage Rates For First-time Test Takers Soars!" February 19, 2020. ...
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Restatement Of The Law
In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. Connection with the rule of precedent Individual Restatement volumes are essentially compilations of case law, which are common law judge-made doctrines that develop gradually over time because of the principle of ''stare decisis'' (precedent). Although Restatements of the Law are not binding authority in and of themselves, they are potentially persuasive when they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is, and, in some cases, what it should become. As Harvard Law School descri ...
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Fordham Law Review
The ''Fordham Law Review'' is a student-run law review, law journal associated with the Fordham University School of Law that covers a wide range of legal scholarship. Overview In 2017, the ''Fordham Law Review'' was the seventh-most cited law journal by other journals, and the fifth-most cited by courts. The journal's content consists generally of academic articles, symposia, and student-written notes. The current Editor-in-Chief is Charis Franklin. History The ''Fordham Law Review'' was established in 1914 at the Fordham University School of Law. However, it suspended publication after only three years, following the United States' entry into World War I. The final issue before suspension provided a brief explanatory statement: Owing to the war, the Review will close this year with this number. Some of the Board of Editors are in military service, with national and state organizations. Others are at the training camps for reserve officers. The journal did not restart pub ...
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Legal Formalism
Legal formalism is both a descriptive theory of how judges decide cases and a Normative, normative theory of how judges should decide Legal case, cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the Trier of fact, facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. U.S. Supreme Court Justice Oliver Wendell Holmes Jr., by contrast, believed that "The life of the law has not been logic: it has been experience". The formalist era is generally viewed as having existed from the 1870s to the 1920s, but some scholars deny that legal formalism ever existed in practice. The ultimate goal of legal formalism would be to describe the underlying principles in a single and determinate system that could be applied mechanically ...
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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 A.M. 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 Ear ...
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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 A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, servic ...
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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 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 re ...." 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 part ...
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Party (law)
A party is an individual or group of individuals that compose a single legal person, entity which can be identified as one for the purposes of law. Parties to litigation 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 Nige ...
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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 r ...
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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 legal concepts from various topics. The primary function of a law review is to publish scholarship in the field of law. Law reviews publish lengthy, comprehensive treatments of subjects (referred to as "articles"), that are generally written by law professors, and to a lesser extent judges, or legal practitioners. The shorter pieces, attached to the articles, commonly called "notes" and "comments", often are written by law student members of the law review. Law review articles often express the thinking of specialists or experts with regard to problems, in a legal setting, with potential solutions to those problems. Historically, law review articles have been influential in the development of the law; they ...
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Law Schools 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. 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 Accelerated JD program. Other degrees that are awarded include the Master of Laws (LL.M.) and the Doctor of Juridical Science (J.S.D. or S.J.D.) degrees, which can be more international in scope. Most law schools are colleges, schools or other units within a larger post-secondary institution, such as a university. Legal education is very different in the United States than in many other parts of the world. T ...
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