A Legal Fiction with Its Wings Clipped, 41 American Law Review 38 (1907)
Resort to a legal fiction has, from ancient times, been a common means of extending or limiting both rights of action, and rights of defense to actions, where justice seemed to require or as the case might be, to deny a remedy. An arbitrary assumption has been made by which a new character has been assigned to a party, and thereby his access to the courts facilitated or obstructed.
Date of Authorship for this Version
Baldwin, Simeon E., "A Legal Fiction with Its Wings Clipped" (1907). Faculty Scholarship Series. Paper 4298.