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Articles 8131 - 8160 of 10724
Full-Text Articles in Law
Falling Off The Vine: Legal Fictions And The Doctrine Of Substituted Judgment, Louise Harmon
Falling Off The Vine: Legal Fictions And The Doctrine Of Substituted Judgment, Louise Harmon
Scholarly Works
No abstract provided.
Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams
Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams
Faculty Scholarship
No abstract provided.
Habeas Corpus And The Penalty Of Death, Michael E. Tigar
Habeas Corpus And The Penalty Of Death, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Natural Law And Legal Reasoning Natural Law, John Finnis
Natural Law And Legal Reasoning Natural Law, John Finnis
Cleveland State Law Review
In sum: Much academic theory about legal reasoning greatly exaggerates the extent to which reason can settle what is greater good or lesser evil, and minimizes the need for authoritative sources which, so far as they are clear and respect the few absolute moral rights and duties, are to be respected as the only rational basis for judicial reasoning and decision, in relation to the countless issues which do not directly involve those absolute rights and duties. A natural law theory in the classical tradition makes no pretense that natural reason can determine the one right answer to those countless …
Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.
Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.
UIC Law Review
No abstract provided.
Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson
Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson
UIC Law Review
No abstract provided.
A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii
A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii
UIC Law Review
No abstract provided.
On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton
On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton
UIC Law Review
No abstract provided.
Historical Analysis In Antitrust Law, James May
Historical Analysis In Antitrust Law, James May
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Commercial Rights And Constitutional Wrongs, Patricia J. Williams
Commercial Rights And Constitutional Wrongs, Patricia J. Williams
Maryland Law Review
No abstract provided.
The Work Of The Court Of Appeals: A Statistical Miscellany July 1, 1988 Through June 30, 1989
The Work Of The Court Of Appeals: A Statistical Miscellany July 1, 1988 Through June 30, 1989
Maryland Law Review
No abstract provided.
Survey - Developments In Maryland Law, 1988-89
Survey - Developments In Maryland Law, 1988-89
Maryland Law Review
No abstract provided.
Municipal Issues And The Charter Of Rights: The Impact At The Grass Roots, A. Wayne Mackay, Kathryn Heckaman
Municipal Issues And The Charter Of Rights: The Impact At The Grass Roots, A. Wayne Mackay, Kathryn Heckaman
Articles, Book Chapters, & Popular Press
Municipal institutions are the forgotten partners in the Canadian confederation. This is true in both political and legal terms. In political terms the agencies of local government are often under-valued. With respect to the law, the municipal level of government has too often been ignored. Both municipal councils and their related boards and tribunals have an important impact on the lives of citizens at the grass roots level. In carrying out their duties, municipal authorities exercise a wide range of discretionary powers and it is becoming increasingly important that they recognize the legal limits on their powers. The first and …
A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbrueck
A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbrueck
Michigan Journal of International Law
The post-World War II political setting in Europe was marked by the stable posture of two tightly structured opposing bloc-systems. In military terms, the Warsaw Pact and the North Atlantic Treaty Organization, and in the economic sphere, the Eastern European Council for Mutual Economic Cooperation and the Western European Economic Communities, represented the stark distinctions of the Cold War. This stable posture has definitely come to an end. Due to the rapid decline of the Communist regimes in Eastern Europe, there is a growing concern in various political quarters about an emerging political instability in Eastern and Central Europe brought …
The Transformation Of American Property Law: A Comparative Law Approach, Alan Watson
The Transformation Of American Property Law: A Comparative Law Approach, Alan Watson
Scholarly Works
This Article looks at aspects of a particular societal problem as it was approached at different historical periods in Roman, French, and American property law. The main point of the Article is to clarify understanding of the American course of development through an awareness of how the problem was dealt with elsewhere. This awareness will cast doubt on the simplicity of the American course of development as explained in a distinguished book, and on the relationship of the legal development to economic change. In THE TRANSFORMATION OF AMERICAN LAW, 1780-1860, Morton J. Horwitz seeks "to show that one of the …
Foreword: Nonjudicial Statutory Interpretation, William D. Popkin
Foreword: Nonjudicial Statutory Interpretation, William D. Popkin
Articles by Maurer Faculty
In the past decade the study of statutory interpretation has gone from benign neglect to intense scrutiny, but the emphasis has remained on interpretation by courts. This symposium takes a different approach. The major theme is that interpretation depends on the interpreter and that we can gain insight into statutory interpretation, even by courts, from analyzing the strengths and weaknesses of nonjudicial interpreters. Part I of this Foreword places the symposium in the broader setting of recent literature on statutory interpretation, briefly reviewing the major schools of thought and explaining the contributors' perspectives. Part II sets forth my own views …
Feminism's Search For The Feminine: Essentialism, Utopianism, And Community, Susan H. Williams
Feminism's Search For The Feminine: Essentialism, Utopianism, And Community, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Book Review. From Medieval Group Litigation To The Modern Class Action By Stephen C. Yeazell, Richard M. Fraher
Book Review. From Medieval Group Litigation To The Modern Class Action By Stephen C. Yeazell, Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
'Were There No Appeal': The History Of Review In American Criminal Courts, David Rossman
'Were There No Appeal': The History Of Review In American Criminal Courts, David Rossman
Faculty Scholarship
The contemporary criminal justice system is guided, in large part, from the top down. A great deal of the force that drives the "terrible engine" of the criminal law is supplied by courts that consider cases on review after a defendant has been convicted.
Reception Of English Law In Singapore: Problems And Proposed Solutions, Andrew B.L. Phang
Reception Of English Law In Singapore: Problems And Proposed Solutions, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
The problems pertaining to the reception of English law in Singapore are both numerous and complex. The academic literature generated in the local sphere alone is relatively large. It must, however, be conceded that, from apractical point of view, there has been very little interest or at least discussion. One cannot, of course, be sure about this observation, save for the very strong indication that takes the form of the overwhelming lack of litigation in the area, thus rendering it merely (so it appears) an academic monopoly. It should, however, be pointed out that this rather phlegmatic approach in practice …
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Publications
No abstract provided.
Meeting The Enemy, Robert F. Nagel
A Critical Legal Studies Perspective, Mark Tushnet
A Critical Legal Studies Perspective, Mark Tushnet
Cleveland State Law Review
In this comment I want to address two points suggested by Professor Finnis's essay "Natural Law and Legal Reasoning." I say "suggested by" deliberately, for I do not want to attribute the points in their full force to him, although I believe that his essay lends itself to a reading in which those points would be given their full force. The points deal with the question of "easy questions" and what Professor Finnis calls the "sufficient and necessarily artificial clarity and definiteness" that yields answers to such questions, and with the way in which legal professionals are likely to understand …
Whose Nature - Practical Reason And Patriarchy, Lynne Henderson
Whose Nature - Practical Reason And Patriarchy, Lynne Henderson
Cleveland State Law Review
My comments on John Finnis's Natural Law and Legal Reasoning grow out my concern about the relationship of law to authoritarianism. In this comment, I do not intend to go deeply into the relationship of law to authoritarianism but rather to sketch out the background of the argument. It seems to me that authoritarianism, properly understood, is of great relevance to a symposium on jurisprudence and legal reasoning, because at a minimum, authoritarianism overlaps with legality's ethic of rule-following and obedience to authority. Authoritarian attitudes about authority and morality also are relevant to the jurisprudential concern with the relation of …
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Faculty Scholarship
A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Natural Law And Legal Reasoning, John M. Finnis
Natural Law And Legal Reasoning, John M. Finnis
Journal Articles
Much academic theory about legal reasoning greatly exaggerates the extent to which reason can settle what is greater good or lesser evil, and minimizes the need for authoritative sources which, so far as they are clear and respect the few absolute moral rights and duties, are to be respected as the only rational basis for judicial reasoning and decision, in relation to the countless issues which do not directly involve those absolute rights and duties. A natural law theory in the classical tradition makes no pretense that natural reason can determine the one right answer to those countless questions which …
Incommensurable Values, Rational Choice, And Moral Absolutes, David Luban
Incommensurable Values, Rational Choice, And Moral Absolutes, David Luban
Cleveland State Law Review
My comments in this paper are directed to just one argument, or rather one cluster of arguments, deployed by John Finnis in just three pages of Natural Law and Legal Reasoning. I am referring to Finnis's argument that the goods and bad at stake in legal, moral and political choice are incommensurable, and to the conclusions he draws from this argument. I will argue that while the incommensurability thesis is true, that is so for reasons somewhat different than those Finnis advances (section I); that in its most common form the incommensurability thesis does not in all cases imply the …
The Virtues Of Redundancy In Legal Thought, Randy E. Barnett
The Virtues Of Redundancy In Legal Thought, Randy E. Barnett
Cleveland State Law Review
Redundancy has a bad reputation among legal intellectuals. My interest in the virtues of redundancy grows out of my interest in the social function of the liberal conception of justice and the rule of law. In this essay, I propose that legal theorists pay serious attention to the concept of redundancy used by engineers. I explain how redundancy-in this special sense-is essential to any intellectual enterprise in which we try to reach action-guiding conclusions, including the enterprise of law. I will describe the virtues of redundancy in legal thought. I want to explain why it is useful to rely on …