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Articles 61 - 90 of 6429
Full-Text Articles in Law
Is International Law Part Of Natural Law?, Anthony D'Amato
Is International Law Part Of Natural Law?, Anthony D'Amato
Faculty Working Papers
The affinity of international law to natural law goes back a long way to the classic writers of international law. "Natural law" is the method of dispute resolution based on a conscious attempt to perpetuate past similarities in dispute resolution. "International law" has a deep affinity to this natural law method, for it consists of those practices that have "worked" in inter-nation conflict resolution.
Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato
Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato
Faculty Working Papers
A growing number of legal scholars have recently revived the American legal realist thesis that legal theory does not dictate the result in any particular case because legal theory itself is indeterminate. A more radical group has added that theory can never constrain judicial practice. I will present a spectrum of types of legal theories to demonstrate that the position of the more radical group of writers is correct—that legal theory is inherently incapable of identifying which party should win any given case.
Pragmatic Indeterminacy, Anthony D'Amato
Pragmatic Indeterminacy, Anthony D'Amato
Faculty Working Papers
If, as a result of taking Indeterminacy seriously, we revolutionize the way we teach law and the way we select judges, then we will also revolutionize the way cases are litigated (because the new judges will expect to hear a different kind of argumentation) and the way people order their lives in anticipation of the way their disputes will be decided by these new judges.
There Is No Norm Of Intervention Or Non-Intervention In International Law, Anthony D'Amato
There Is No Norm Of Intervention Or Non-Intervention In International Law, Anthony D'Amato
Faculty Working Papers
Comments on Prof. Jianming Shen's position that humanitarian intervention is unlawful under international law and that there is a principle of non-intervention in international law that is so powerful that it amounts to a jus cogens prohibition.
Legal Realism Explains Nothing, Anthony D'Amato
Legal Realism Explains Nothing, Anthony D'Amato
Faculty Working Papers
I argue that American legal realism as derived from Oliver Wendell Holmes's prediction theory of law was misinterpreted, and that a deeper examination of law-as-prediction might help to reduce the pathology of judicial lawmaking that has been the unfortunate consequence of legal realism.
The Speluncean Explorers--Further Proceedings, Anthony D'Amato
The Speluncean Explorers--Further Proceedings, Anthony D'Amato
Faculty Working Papers
Lon L. Fuller's The Case of the Speluncean Explorers is a classic in jurisprudence. The case presents five judicial opinions which clash with each other and produce for the reader an exhilarating excursion into fundamental theories of law and the state and the role of courts vis-i-vis legislatures and executives. Though the issues articulated by Fuller are timeless, the past thirty years in jurisprudential scholarship have produced at least one major new vantage point—the "rights thesis".
The Limits Of Legal Realism, Anthony D'Amato
The Limits Of Legal Realism, Anthony D'Amato
Faculty Working Papers
This article will address some criticisms of legal realism, primarily those of H.L.A. Hart, that have been unanswered in the literature and have appeared to discredit the realist approach to law. The article will also articulate what I believe to be more difficult problems with legal realism.
Legal Uncertainty, Anthony D'Amato
Legal Uncertainty, Anthony D'Amato
Faculty Working Papers
Legal certainty decreases over time. Rules and principles of law become more and more uncertain in content and in application because legal systems are biased in favor of unravelling those rules and principles. In this article I attempt to show what these biases are, and why commentators who have argued that the law tends toward certainty are wrong, then describe various attempts which have been made at restoring certainty, and why these attempts have generally not worked. My conclusion is that these proposals are at best holding actions, and that the tendency toward increasing uncertainty in the law is inexorable.
Is Equality A Totally Empty Idea?, Anthony D'Amato
Is Equality A Totally Empty Idea?, Anthony D'Amato
Faculty Working Papers
Comments on Westen article The Empty Idea of Equality. The only way we know what direction to move in making reductions and increases in burdens is to have a concept of equality in mind. The only way we can know that one burden is 'great' and another burden is 'considerably lesser,' to use the words in Westen's standard, is to compare the burdens. But comparison presupposes a measure of equality, for we cannot know that one burden is greater than another unless we first have a concept of when the two burdens are equal. Westen's standard, therefore, is logically posterior …
Learning From Error In American Criminal Justice, James M. Doyle
Learning From Error In American Criminal Justice, James M. Doyle
Journal of Criminal Law and Criminology
No abstract provided.
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe
Journal of Criminal Law and Criminology
No abstract provided.
Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey
Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey
Journal of Criminal Law and Criminology
No abstract provided.
Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman
Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman
Journal of Criminal Law and Criminology
No abstract provided.
Catch And Release: Procedural Unfairness On Primetime Television And The Perceived Legitimacy Of The Law, Thomas Gaeta
Catch And Release: Procedural Unfairness On Primetime Television And The Perceived Legitimacy Of The Law, Thomas Gaeta
Journal of Criminal Law and Criminology
No abstract provided.
Opening Remarks, Ronald J. Allen
Opening Remarks, Ronald J. Allen
Journal of Criminal Law and Criminology
No abstract provided.
Capital Punishment: A Century Of Discontinuous Debate, Carol S. Steiker, Jordan M. Steiker
Capital Punishment: A Century Of Discontinuous Debate, Carol S. Steiker, Jordan M. Steiker
Journal of Criminal Law and Criminology
No abstract provided.
How Much Do We Really Know About Criminal Deterrence, Raymond Paternoster
How Much Do We Really Know About Criminal Deterrence, Raymond Paternoster
Journal of Criminal Law and Criminology
No abstract provided.
Efficiency And Cost: The Impact Of Videoconferenced Hearings On Bail Decisions, Shari Seidman Diamond, Locke E. Bowman, Manyee Wong, Matthew M. Patton
Efficiency And Cost: The Impact Of Videoconferenced Hearings On Bail Decisions, Shari Seidman Diamond, Locke E. Bowman, Manyee Wong, Matthew M. Patton
Journal of Criminal Law and Criminology
No abstract provided.
The Supreme Court Giveth And The Supreme Court Taketh Away: The Century Of Fourth Amendment Search And Seizure Doctrine, Thomas Y. Davies
The Supreme Court Giveth And The Supreme Court Taketh Away: The Century Of Fourth Amendment Search And Seizure Doctrine, Thomas Y. Davies
Journal of Criminal Law and Criminology
No abstract provided.
Bill Clinton's Parting Pardon Party, Albert W. Alschuler
Bill Clinton's Parting Pardon Party, Albert W. Alschuler
Journal of Criminal Law and Criminology
No abstract provided.
The Twilight Of The Pardon Power, Margaret Colgate Love
The Twilight Of The Pardon Power, Margaret Colgate Love
Journal of Criminal Law and Criminology
No abstract provided.
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Journal of Criminal Law and Criminology
No abstract provided.
Capital Punishment In Illinois In The Aftermath Of The Ryan Commutations: Reforms, Economic Realities, And A New Saliency For Issues Of Cost, Leigh B. Bienen
Capital Punishment In Illinois In The Aftermath Of The Ryan Commutations: Reforms, Economic Realities, And A New Saliency For Issues Of Cost, Leigh B. Bienen
Journal of Criminal Law and Criminology
No abstract provided.
Package Bombs, Footlockers, And Laptops: What The Disappearing Container Doctrine Can Tell Us About The Fourth Amendment, Cynthia Lee
Journal of Criminal Law and Criminology
No abstract provided.
Swinging For The Fences: How Comprehensive Drug Testing, Inc. Missed The Ball On Digital Searches, Vincent Angermeier
Swinging For The Fences: How Comprehensive Drug Testing, Inc. Missed The Ball On Digital Searches, Vincent Angermeier
Journal of Criminal Law and Criminology
No abstract provided.
(Trans)Forming The Provocation Defense, Morgan Tilleman
(Trans)Forming The Provocation Defense, Morgan Tilleman
Journal of Criminal Law and Criminology
No abstract provided.
Book Reviews, Juliet S. Sorensen
Book Reviews, Juliet S. Sorensen
Journal of Criminal Law and Criminology
No abstract provided.
When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price
When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price
Journal of Criminal Law and Criminology
No abstract provided.
The Cognitive Psychology Of Mens Rea, Kevin Jon Heller
The Cognitive Psychology Of Mens Rea, Kevin Jon Heller
Journal of Criminal Law and Criminology
No abstract provided.
What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet
What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet
Journal of Criminal Law and Criminology
No abstract provided.