Law Commons^™

The Paradox Of Ideology, Justin Schwartz

Justin Schwartz

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …

Lessons From The Social Charter: State, Corporation, And The Meaning Of Subsidiarity, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Individualism And Communitarianism At Work, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

La Enseñanza De La Ética A Los Abogados, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.

Federal Common Law And The Role Of The Federal Courts In Private Law Adjudication - A (New) Erie Problem?, George D. Brown

George D. Brown

No abstract provided.

Bright Lines, George D. Brown

George D. Brown

No abstract provided.

Dealing With Younger Abstention As A Part Of Federal Courts Reform - The Role Of The Vanishing Proposal, George D. Brown

George D. Brown

No abstract provided.

Rights, Communities, And Tradition, Brian Slattery

Brian Slattery

When Federalism And Separation Of Powers Collide - Rethinking Younger Abstention, George D. Brown

George D. Brown

No abstract provided.

Setting The Conditions For Self-Rule: Unions, Associations, Our First Amendment Discourse And The Problem Of Debartolo, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Proving Discrimination After Price Waterhouse And Wards Cove.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

Public Accountability And Medical Device Regulation, Robert B. Leflar

Robert B Leflar

In enacting the Medical Device Amendments of 1976, Congress instituted a flexible system of regulatory controls over a vast array of health care products. Analyzing the complex statute and its legislative history, Professor Leflar finds at the law's core a structure designed to ensure the Food and Drug Administration's accountability to the public for its regulatory actions. Reviewing the history of FDA's implementation of the medical device law, however, the author demonstrates that FDA has strayed widely and, he contends, illegally from the congressionally mandated structure of public accountability. In particular, in its review of new-model medical devices in the …

La Abogacía En Los 90, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.

Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel

Mark Spiegel

In this Article, the author argues that where clinical education fits within the law school curriculum does not have to be viewed as simply a question of whether more skills training is needed to balance the theory of the traditional curriculum. The author posits that stating the question this way obscures the choices already made, as most types of legal education have elements of both theory and practice. However, how the terms “theory” and “practice” are defined strongly influences how various aspects of legal education are perceived. Therefore, the way we view clinical education depends as much upon the viewpoint …

School Health Services For Handicapped Children: The Door Opens No Further, Joyce Palomar

Joyce Palomar

No abstract provided.

Abogacía Y Colegiación, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.

Forum: Distinctions Without Differences: Effects Bargaining In Light Of First National Maintenance, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Socialismo Bajo Una Constitución Liberal, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.

El "Programa De Entrenamiento Para Abogados. El Arte De La Abogacía", Horacio M. Lynch

Horacio M. LYNCH

Explicación del Programa de Entrenamiento para Abogados, curso piloto novedoso para la enseñanza de El Arte de la Abogacía, cumplido en la Escuela de Abogacía de Buenos Aires.

Maintaining Residential Integration: Municipal Practices And Law, Kermit J. Lind

Kermit J. Lind

Suburban integration following the passage of the Federal Fair Housing Law in 1968 presented an unprecedented challenge to those communities. Residential integration was not the desire of the majority of homeowners then and racial discrimination was deeply imbedded in the business of selling and buying homes. Integration was usually presumed to be the interval between the first black family moving into a neighborhood and the last white family leaving. But not for everyone. Some communities made a determination to embrace and maintain residential integration. Municipal governments were pressed by both their constituents and federal policies tied to federal funds to …

La Corte Suprema Y Las Libertades Económicas De La Constitución Nacional, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.

Lawyering And Client Decisionmaking: Informed Consent And The Legal Profession, Mark Spiegel

Mark Spiegel

In this Article, Professor Spiegel examines the doctrine of informed consent as it relates to the legal profession. The Article first traces the development of the informed-consent doctrine and then considers the extent to which current legal doctrines and professional norms incorporate informed consent between lawyers and their clients. Professor Spiegel suggests that the predominant focus of informed consent is on a lawyer’s power to bind his client vis-à-vis third parties and advocates for the development of an informed-consent doctrine that accounts for the interests of all parties involved. Professor Spiegel concludes with a discussion of the application of his …

La Corte Suprema Y El Futuro Del País, Horacio M. Lynch

Horacio M. LYNCH

"...La influencia de la CSN en la estabilidad política y en la afirmación de las virtudes republicanas de gobierno...".

Casenote: Employment Discrimination - Title Vii - Unlawful To Use Conviction Records As An Absolute Bar To Employment, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Parkdale Community Legal Services - Scrapbook 2, Frederick H. Zemans

Frederick H. Zemans

Parkdale Community Legal Services - Scrapbook 3, Frederick H. Zemans

Frederick H. Zemans

Parkdale Community Legal Services - Scrapbook 1, Frederick H. Zemans

Frederick H. Zemans

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.