Law (School)

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Scandinavian Realism
(1970) MacCormack, Geoffrey
Culpa in the Scots Law of Reparation
(W. Green and Son Limited, 1974) MacCormack, Geoffrey
Professor Gluckman's Contribution to Legal Theory
(W. Green and Son Limited, 1976) MacCormack, Geoffrey
Anthropology and Legal Theory
(W. Green and Son, 1978) MacCormack, Geoffrey
Kenning be Kenning and Course be Course: Maritime Jurimetrics in Scotland and Northern Europe 1400–1600
(Edinburgh University Press, 1998) Forte, Angelo
This article explores the jurimetric significance of a phrase or formula, "kenning be kenning and course be course", used in maritime law texts and disputes in late medieval and early modern Scotland and England.
Actions
(Duckworth and Cornell University Press, 1998) Metzger, Ernest
A brief introduction to the Roman law of actions.
Roman Law in Britain
(Berlin: Duncker & Humblot, 2000) Evans-Jones, Robin
The paper discusses, first, how classical Roman law can become highly suffused through exposure to a more unusual influence: English law; second, how it has nevertheless proved, on occasion, to be inspirational for English law; and third, why the fact of that influence has sometimes had to be suppressed. The bridge between Roman law and English law is provided by Scotland.
The Case of Petronia Iusta
(Office international de librairie, 2000) Metzger, Ernest
This article examines a lawsuit from the 70s AD, concering a young woman from Herculaneum.
The Great Trek to Human Rights: The Role of Comparative Law in the Development of Human Rights in Post-Reform South Africa
(United Kingdom National Committee of Comparative Law, 2003) Carey Miller, David
Review of K. Haakonssen (ed), Adam Smith: The Theory of Moral Sentiments (2002)
(Edinburgh Law Review, 2003) Metzger, Ernest
Nova Species
(Roman Law Society of America, 2004) Merwe, Cornelius van der
This article surveys the civilian doctrine of specification.
Postscript on nova species and Kinloch Dampf Ltd. v. Nordvic Salmon Farms Ltd.
(Roman Law Society of America, 2004) Metzger, Ernest
This article examines a case from the outer house of the Court of Session in Scotland. The case deals with the ownership of living things, and in particular the issue whether a person can become owner of a living thing via the civilian doctrine of specification.
Acquisition of Living Things by Specification
(Edinburgh Law Review, 2004) Metzger, Ernest
Corporate culpable homicide: Transco plc v HM Advocate
(Edinburgh University Press, 2004) Chalmers, James
This article considers the decision of the High Court of Justiciary in Transco plc v HM Advocate, the first Scottish case to fully consider the potential criminal liability of corporations for culpable homicide. It considers the future prospects for such charges being successfully brought either within the existing legal framework, or after legislative reform.
Roman Judges, Case Law, and Principles of Procedure
(University of Illinois Press, 2004) Metzger, Ernest
This article argues that there was a fashion in the 19th and early 20th centuries to view the Roman judge as a kind of authentic voice of the people, and this encouraged the view—still existing today—that a Roman judge did not take any guidance from the decisions of other judges.
Irregularly Obtained Real Evidence: The Scottish Solution?
(Vathek Publishing, 2004) Duff, Peter
In determining whether to admit improperly obtained real evidence, the Scottish courts have engaged in a balancing act for over 50 years, weighing the public interest in the conviction of the guilty against the rights of the accused and the civil liberties of the citizenry. The Appeal Court's approach to this issue has not been particularly satisfactory and the result is an incoherent mass of detailed and often almost irreconcilable case law, rather than a principled framework to guide the trial courts in the exercise of this power.
Quare? Argument in David Daube, After Karl Popper
(Roman Law Society of America, 2004) Metzger, Ernest
This article considers the method of argument favoured by David Daube (1909-1999), a scholar of Roman and biblical law. It suggests that Daube used a method of argument championed by Karl Popper (1992-1994), a philosopher of science.
Plausible rogues: contract and property
(Edinburgh University Press, 2005) Carey Miller, David
Problem of rogue obtaining possession of motor vehicle on credit through fraudulent misrepresentation of identity and selling on to innocent third party for cash; difficulty of deciding issue of right to vehicle between two parties, both taken in by fraudster who has disappeared with the third party's cash.
Real Rights: Practical Problems and Dogmatic Rigidity
(Edinburgh University Press, 2005) Paisley, Roderick
Scots law has a numerus clausus of real rights in relation to land. The structure fosters clarity and precision and gives the Scottish system of landholding great stability and predictability. Yet it may be that these strengths have been bought at the expense of inflexibility and injustice to individuals wishing to own land and enjoy rights in land. This article seeks to show that the Scottish system of real rights is much more flexible and responsive to changes in societal and commercial needs than is often appreciated, and that Scottish land law is not a slave to dogmatic rigidity.
Dressing Down Trade Dress: A Return to Basics for the Distinctiveness Requirement
(2005-10-25T15:27:03Z) Fincham, Derek; Menzel, Kenneth
5 Wake Forest Intell. Prop. L.J. 147 (June 2005). This article examines how courts have analyzed protection of a product's "look and feel" in recent years. To insure competitive fairness, trade dress protection should value a product's distinctive features. The current framework, however, has proven confusing and unpredictable. Recent trends are the equivalent of a poorly struck drive landing in six inches of rough far off the fairway. We should safely chip back onto the fairway and turn to a clear standard for trade dress, predictable for business owners, which asks: whether consumers identify this product based on features claimed as trade dress. For example, will prospective purchasers of a shiny new titanium driver assume a gray metallic finish and black "V" on top indicate the club came from CALLAWAY? For any savvy golfer it would, and the distinctiveness inquiry must firmly rest upon this kind of likely response. This simpler approach would protect consumers and insure predictability.