Law Commons^™

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Book Review: Studies In Roman Law In Memory Of A. Arthur Schiller, Leiden, E.J. Brill, 1986. By Roger S. Bagnall And William V. Harris. Leiden, Netherlands: E.J. Brill Co., 1986., Richard J. Cummins

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: Stalking Phaedrus: International Legal Structures. David Kennedy. Baden-Baden: Nomos Verlagsgesellschaft, 1987. Pp. 294. 69,-Dm., David J. Bederman

Georgia Journal of International & Comparative Law

No abstract provided.

Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Panel I-- General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab

Georgia Journal of International & Comparative Law

No abstract provided.

Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants, Hannah Zommick

Seattle University Law Review

This Comment contends that the Ninth Circuit’s opinion in Pimentel v. Dreyfus employed a legal formalist approach and that by applying this framework, the court prevented legal immigrants, who were caught between the strict eligibility restrictions of welfare reform, from asserting their rights through the justice system. The legal formalist approach “treats the law as a set of scientific formulae or principles that are derived from the study of case law. These principles create an internal analytical framework which, when applied to a set of facts, leads the decision maker, through logical deduction, to the correct outcome in a case.” …

Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski

Georgia Journal of International & Comparative Law

No abstract provided.

Know Thyself: Man The Measure - Implumes Aves Volitant. A Review Of Donald R. Kelley, The Human Measure: Social Thought In The Western Legal Tradition (Harvard University Press, Cambridge, Mass.: London, 1990), Pp. Xiv + 358. $35., Alan Watson

Georgia Journal of International & Comparative Law

No abstract provided.

Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein

Maryland Law Review

During his first two decades on the Court, Justice Clarence Thomas has been associated with originalism and is often viewed as its leading judicial proponent. Justice Thomas has linked originalism with the effort to limit judicial discretion and to promote judicial impartiality. In cases dealing with many constitutional provisions, Justice Thomas has shown his commitment to originalism by often writing solitary concurrences and dissents advocating an originalist analysis of a problem. Yet in constitutional cases dealing with race, Justice Thomas routinely abandons originalism and embraces the sort of constitutional arguments based on morality or consequentialism that he often discounts. These …

The Frame Of Reference And Other Problems, Richard D. Friedman, Jeffrey L. Fisher

Michigan Law Review First Impressions

George argues that, centuries ago, jurists did not distinguish between testimonial and nontestimonial hearsay, and so the distinction cannot be a historically well-grounded basis for modern confrontation doctrine. The argument proceeds from an inaccurate frame of reference. When the confrontation right developed, principally in the sixteenth and seventeenth centuries, and English defendants—Raleigh among them—demanded that adverse witnesses be brought face to face with them, they were making a procedural assertion as to how witnesses must give their testimony. (Giving testimony is what witnesses in litigation do.) Rarely did they phrase this claim in terms of hearsay, for the simple reason …

Come Back To The Boat, Justice Breyer!, Richard D. Friedman

Michigan Law Review First Impressions

I want to get Justice Breyer back on the right side of Confrontation Clause issues. In 1999, in Lilly v. Virginia, he wrote a farsighted concurrence, making him one of the first members of the Supreme Court to recognize the inadequacy of the then-prevailing doctrine of the Confrontation Clause. That doctrine, first announced in Ohio v. Roberts, was dependent on hearsay law and made judicial assessments of reliability determinative. In Crawford v. Washington, the Court was presented with an alternative approach, making the key inquiry whether the statement in question was testimonial in nature. During the oral …

Originalism Talk: A Legal History, Mary Ziegler

BYU Law Review

Progressives have long recognized the tremendous political appeal of originalism. For many scholars, originalism appears to have succeeded because it achieves results consistent with conservative values but promises judicial neutrality to the public. By drawing on new historical research on anti-abortion constitutionalism, this Article argues for a radically different understanding of the originalist ascendancy. Contrary to what we often think, conservative social movements at times made significant sacrifices in joining an originalist coalition. These costs were built in to what this Article calls originalism talk—the use of arguments, terms, and objectives associated with conservative originalism.

Scholars have documented the costs …

Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell

Georgia Journal of International & Comparative Law

No abstract provided.

The Quebec Independence Vote And Its Implications For English Language Legislation, Deborah E. Richardson

Georgia Journal of International & Comparative Law

No abstract provided.

Law In Ancient Egyptian Fiction, Russ Versteeg

Georgia Journal of International & Comparative Law

No abstract provided.

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.

Sources Of International Law, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.

The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd

Georgia Journal of International & Comparative Law

No abstract provided.

So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk

Georgia Journal of International & Comparative Law

No abstract provided.

Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele

Georgia Journal of International & Comparative Law

No abstract provided.

Alan Watson's Controversial Contribution To Legal Scholarship, Gary Francione

Georgia Journal of International & Comparative Law

No abstract provided.

Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel

Georgia Journal of International & Comparative Law

No abstract provided.

Toward A United Ireland? The Northern Ireland Peace Process And The Devolution Of Powers From London To Belfast, Matthew G. Rooks

Georgia Journal of International & Comparative Law

No abstract provided.

Twenty-One Theses On The Legal Legacy Of The French Revolution In Latin America, Dante Figueroa

Georgia Journal of International & Comparative Law

No abstract provided.

The Improbability Of Positivism, Andrew Tutt

Pace Law Review

Ronald Dworkin’s contributions to legal philosophy have been subject to severe criticism in recent years. Other legal philosophers call his arguments “deflected or discredited,” laced with “philosophical confusions,” and “deeply embedded” mistakes. As Brian Leiter writes, “[t]he only good news in the story about Dworkin’s impact on law and philosophy is that most of the field declined to follow the Dworkinian path . . . .”

This Article endeavors to show that, far from an effort beset with primitive errors, Dworkin’s challenge to legal positivism in the opening pages of his seminal work was neither misguided nor trivial. Rather, Dworkin’s …

Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner

Georgia Journal of International & Comparative Law

No abstract provided.

Lawyers And Jurists, O.F. Robinson

Georgia Journal of International & Comparative Law

No abstract provided.

Watson, Walton, And The History Of Legal Transplants, John W. Cairns

Georgia Journal of International & Comparative Law

No abstract provided.