Legal Essays

In Tribute to Orrin Kip McMurray

Max Radin, A.M. Kidd, Max Radin, A.M. Kidd

• Publisher: University of California Press
• Year: 2023
• Print ISBN:
  9780520324534
• Edition: 1
• eBook ISBN:
  9780520324541
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Legal Essays in Tribute to Orrin Kip McMurray celebrates the remarkable legacy of a legal scholar, teacher, and dean whose influence on American jurisprudence resonates far beyond the lecture halls of the University of California. Orrin Kip McMurray, renowned for his expansive intellect, meticulous scholarship, and profound insight into the interplay between law and society, is honored in this collection for his unparalleled contributions to legal thought and education. The essays reflect McMurray's philosophy that law is not merely a mechanical system of rules but a living organism deeply intertwined with the complexities and conflicts of human life. McMurray's career as a lawyer, scholar, and teacher is a testament to his dynamic understanding of law's role in a constantly evolving society. A proponent of legal education that blends historical context with contemporary relevance, he believed in equipping students with a foundation that transcends technical skill, fostering critical inquiry and an appreciation for law's societal impact. This volume captures his enduring commitment to bridging theory and practice, his eloquent critiques of jurisprudence, and his unwavering belief in the transformative power of education. Above all, it pays homage to a man whose intellectual rigor and humane vision have left an indelible mark on his students, colleagues, and the legal profession at large. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1935.

Many titles in the Voices Revived program are also newly available as ebooks, offered at a discounted price to support wider access to scholarly work.

Table of contents

• Cover
• Title
• Copyright
• CONTENTS
• FOREWORD
• SOME SUGGESTIONS CONCERNING THE CALIFORNIA LAW OF RIPARIAN RIGHTS
• THE REALITY OF WHAT THE COURTS ARE DOING
• LA «PROPRIÉTÉ COMMERCIALE»
• THE FREEDOM OF THE MINER AND ITS INFLUENCE ON WATER LAW
• THOSE PROTECTIVE TRUSTS WHICH ARE MISCALLED “SPENDTHRIFT TRUSTS” REËXAMINED
• JURISDICTION FOLLOWING SEIZURE OR ARREST IN VIOLATION OF INTERNATIONAL LAW
• THE STORY OF THE CRIMINAL JURY In the Civil Law and in the Common Law
• ARMY COURTS-MARTIAL
• INTERNATIONAL ENGAGEMENTS AND THEIR INTERPRETATION BY THE PERMANENT COURT OF INTERNATIONAL JUSTICE4
• LA PROTECTION DES FAIBLES PAR LE DROIT
• SOME RECENT SUBROGATION PROBLEMS IN THE LAW OF SURETYSHIP AND INSURANCE5
• THE CONSTITUTION AS AN INSTITUTION6 BY K. N. LLEWELLYN
• OUR NON-CITIZEN NATIONALS, WHO ARE THEY?
• GROWING LAWLESSNESS OF TREES9 BY SAYRE MACNEIL
• THE CONSTITUTION AND RECOVERY LEGISLATION: THE RÔLES OF DOCUMENT, DOCTRINE, AND JUDGES
• SPECIFIC PERFORMANCE OF CONTRACTS TO DELIVER SPECIFIC OR ASCERTAINED GOODS UNDER THE ENGLISH SALE OF GOODS ACT AND THE AMERICAN SALES ACT
• THE CRIMINAL ACT10
• INSTRUCTING THE JURY UPON PRESUMPTIONS AND BURDEN OF PROOF
• MORE ABOUT THE NATURE OF LAW
• A JUSTER JUSTICE, A MORE LAWFUL LAW BY MAX RADIN
• THE LAW AND MORALS OF PRIMITIVE TRADE18
• THE BUSINESS RELATIONS OF PATRON AND FREEDMAN IN CLASSICAL ROMAN LAW
• THE SCIENTIFIC RÔLE OF CONSIDERATION IN CONTRACT
• THE AMERICAN LAW INSTITUTE