Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence

1986

Institution
Keyword
Publication
Publication Type
File Type

Articles 61 - 74 of 74

Full-Text Articles in Law

Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch Jan 1986

Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch

St. Mary's Law Journal

Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …


Rising Above Principle, Geoffrey C. Hazard Jr. Jan 1986

Rising Above Principle, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper Jan 1986

Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper

Articles

I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.


Law's Halo, Donald H. Regan Jan 1986

Law's Halo, Donald H. Regan

Articles

Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation - and I shall clarify what I mean when I say there is no moral obligation to obey the law - as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the law's moral significance. In our thinking about law in a reasonably just society, we have a strong inclination to …


Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers Jan 1986

Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


The Judge, Marianne Wesson Jan 1986

The Judge, Marianne Wesson

Publications

No abstract provided.


The Unity Of Law & Morality: A Refutation Of Legal Positivism (Book Review), John H. Robinson Jan 1986

The Unity Of Law & Morality: A Refutation Of Legal Positivism (Book Review), John H. Robinson

Journal Articles

Professor Robinson provides a critique of M.J. Detmold’s book, The Unity of Law & Mortality: A Refutation of Legal Positivism. He argues that the book is flawed for failure to present his adversary’s position and for failure to explain the reasons for embracing an ontological perspective towards all ethics. Despite its ambition, the argument does not get off the ground.


Freedom Of Speech As Therapy, Pierre Schlag Jan 1986

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.


What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan Jan 1986

What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan

Articles

Before I start, let me say two things. First of all, to the extent that John Finnis is entering a plea for more attention to what is a relatively neglected tradition (in the narrow his message a hundred percent. And you courd learning about the natural law tradition than by reading his book, Natural Law and Natural Rights. My second introductory observation is that Finnis and I agree about many more things than you might expect if you just think of him as a natural law theorist and me as a utilitarian. I am very eccentric as a utilitarian. He …


Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank Jan 1986

Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Swan Song For The Burger Court, Robert Hayman, C. Ramarui Dec 1985

Swan Song For The Burger Court, Robert Hayman, C. Ramarui

Robert L. Hayman

No abstract provided.


Legal Opinions On Secondary Sales Of Stock, Scott T. Fitzgibbon, Donald W. Glazer Dec 1985

Legal Opinions On Secondary Sales Of Stock, Scott T. Fitzgibbon, Donald W. Glazer

Scott T. FitzGibbon

[Later versions appear in Columbia Business Law Review, 1988, no.1:149-160, and in Business Opinions, 335-77. New York, Practicing Law Institute, 1988.]


Legal Opinions In Corporate Transactions: The Opinion That Stock Is Duly Authorized, Validly Issues, Fully Paid And Nonassessable, Scott T. Fitzgibbon, Donald W. Glazer Dec 1985

Legal Opinions In Corporate Transactions: The Opinion That Stock Is Duly Authorized, Validly Issues, Fully Paid And Nonassessable, Scott T. Fitzgibbon, Donald W. Glazer

Scott T. FitzGibbon

[Also appears in Opinion Letters of Counsel 1987, 377-412. New York: Practicing Law Institute, 1987.]


Attempting The Impossible: The Emerging Consensus, Ira P. Robbins Dec 1985

Attempting The Impossible: The Emerging Consensus, Ira P. Robbins

Ira P. Robbins

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …