Some Recent Criticism of Gelpcke Versus Dubuque Being the Sharswood Prize Essa
Some Recent Criticism of Gelpcke Versus Dubuque Being the Sharswood Prize Essa
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In our eReader you can find the full English version of the book. Read Some Recent Criticism of Gelpcke Versus Dubuque Being the Sharswood Prize Essa Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Some Recent Criticism of Gelpcke Versus Dubuque Being the Sharswood Prize Essa
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To quickly assess the difficulty of the text, read a short excerpt:
GELPCKE VERSUS DUBUQUE, 23 been overruled, and was made necessary by peculiar circum- stances. This may be a satisfactory conclusion to the utili- tarian, but is certainly most disappointing to a student of law. The fact that the decision is just, should lend additional diligence to the search for its underlying principle, but of itself is not a sufficient answer to legal objections to its soundness.
Professor Pepper, in his book above referred to, seems to think the decision recognizes an exce...ption to the duty of the federal courts to " follow, " and therefore questions its sound- ness.
Mr. William B. Hornblower^ and Mr. Conrad Reno, ^ in two well considered articles, support the case on the theory that it involves a federal question.
Mr. William H. Rand, Jr. , ^ places the decision upon the same ground, but intimates his opinion that it cannot be supported.
Professor Patterson says that under the word "law, " as used in the federal clause forbidding states to impair the obli- gation of contracts, is included "judicial decisions of state courts of last resort, rendered subsequently to the making of the contract in question, and antecedently to the suit in which the court determines the invalidity of the contract, and altering by construction the constitution and statutes of the state in force when the contract was made, "^ citing Gdpcke v.
What to read after Some Recent Criticism of Gelpcke Versus Dubuque Being the Sharswood Prize Essa?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Raeburn White to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
GELPCKE VERSUS DUBUQUE, 23 been overruled, and was made necessary by peculiar circum- stances. This may be a satisfactory conclusion to the utili- tarian, but is certainly most disappointing to a student of law. The fact that the decision is just, should lend additional diligence to the search for its underlying principle, but of itself is not a sufficient answer to legal objections to its soundness.
Professor Pepper, in his book above referred to, seems to think the decision recognizes an exce...ption to the duty of the federal courts to " follow, " and therefore questions its sound- ness.
Mr. William B. Hornblower^ and Mr. Conrad Reno, ^ in two well considered articles, support the case on the theory that it involves a federal question.
Mr. William H. Rand, Jr. , ^ places the decision upon the same ground, but intimates his opinion that it cannot be supported.
Professor Patterson says that under the word "law, " as used in the federal clause forbidding states to impair the obli- gation of contracts, is included "judicial decisions of state courts of last resort, rendered subsequently to the making of the contract in question, and antecedently to the suit in which the court determines the invalidity of the contract, and altering by construction the constitution and statutes of the state in force when the contract was made, "^ citing Gdpcke v.
What to read after Some Recent Criticism of Gelpcke Versus Dubuque Being the Sharswood Prize Essa?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Raeburn White to read onlineMoreLess
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