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Articles 1 - 7 of 7
Full-Text Articles in Law
Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz
Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz
Daniel M Katz
No abstract provided.
Taming A Dragon: Legislative History In Legal Analysis, Mark Deforrest
Taming A Dragon: Legislative History In Legal Analysis, Mark Deforrest
Mark DeForrest
ARTICLE ABSTRACT
TAMING A DRAGON:
LEGISLATIVE HISTORY IN LEGAL ANALYSIS
Mark DeForrest
The use of legislative history in statutory interpretation and analysis has been an area of intensive inquiry since the 1980’s. The debate has been vigorous and has led to the development of sophisticated arguments by both the advocates of the use of legislative history and textualists critical of its use. While the debate has been ongoing, changes in technology have made it easier than ever to access detailed legislative history for both state and federal statutes. This article discusses the impact of both the debate and the technological …
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Pepperdine Law Review
No abstract provided.
Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson
Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson
Reviews
Any attempt to analyze China’s comprehensive labor reform over the past three decades faces at least two dilemmas. First, the analyst must confront the task of describing how the Chinese state has dismantled the “work unit” (or danwei)- based “iron rice bowl” employment and entitlements system, replacing that comforting but low-production employment and social security scheme with formally-proclaimed legal rights and institutions apparently designed to protect employees in a functioning labor market. Second, the analyst must track how the state’s commitment (at all levels of government) to implementation of proclaimed legal and institutional protections has waxed and waned, based upon …
The Federalism Pendulum, Ronald J. Bacigal
The Federalism Pendulum, Ronald J. Bacigal
Law Faculty Publications
Following Franklin's example, this essay takes a protracted view of the federalization of criminal procedure. It is important to review how the federalism pendulum has swung over the years to reflect concepts of what the Constitution was meant to mean, what it has come to mean, and what it ought to mean.
Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White
Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White
Other Publications
The question how our Constitution is to be interpreted is a living one for us today, both in the scholarly and in the political domains. Professors argue about "interpretivism" and "originalism" in law journals, they study hermeneutics and deconstruction to determine whether or not interpretation is possible at all, and if so on what premises, and they struggle to create theories that will tell us both what we do in fact and what we ought to do. Politicians and public figures (including Attorney General Edwin Meese) talk in the newspapers and elsewhere about the authority of the "original intention of …
The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal
The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal
Law Faculty Publications
The definition of a reasonable search has bedeviled the United States Supreme Court for some ninety years. Formal logic or legal reasoning assists the Court in tracing premise to conclusion, but does not alone suggest the initial premise. The Court's difficulty in fourth amendment cases, in general, lies in identifying the premise-the fundamental value which is embodied in this constitutional guarantee. The Court has recognized that this fundamental value, whatever it is, has an origin outside the language of the amendment, and the Court has considered sources such as history, popular consensus, natural law, and utilitarian balancing to find this …