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Full-Text Articles in Law

In Re Radical Interpretations Of American Law: The Relation Of Law And History, A. E. Keir Nash Nov 1983

In Re Radical Interpretations Of American Law: The Relation Of Law And History, A. E. Keir Nash

Michigan Law Review

This Article centers instead upon assessing two types of legal analysis - non-Marxist radical interpretation and "non-reductionist" Marxist theory - which, despite conspicuous differences, share the belief that understanding the American historical experience is a prerequisite to understanding American law. Both approaches also share two other important convictions. One is that a "consensual" or "liberal pluralist" version of American history has little explanatory validity, at least in regard to such major problems as the political and legal breakdown represented by the Civil War, and the law's role in American economic development. They also agree that historical explanations which downplay discussion …


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Legal Theory And The Problem Of Definition, Philip E. Soper Jan 1983

Legal Theory And The Problem Of Definition, Philip E. Soper

Reviews

Natural Law and Natural Rights is a refreshingly direct book about some decidedly difficult matters. It is also a book that refuses to do homage to the complexity of its subject by limiting the topics covered. Here is virtually a mini-treatise in moral philosophy, with illuminating discussions on the whole range of human value and on a good part of the related range of metaethics, legal theory, political theory, and the problems of methodology in the descriptive social sciences.


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant Jan 1983

Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant

University of Richmond Law Review

Although Virginia has established rules of liability for possessors of premises to trespassers, licensees, and invitees, the Supreme Court of Virginia has not addressed the possessor's liability for conditions on the premises causing physical harm to public officials who are lawfully upon the premises by virtue of a privilege and without the possessor's express permission or invitation. These officials include those who are authorized, but not required, by statutes or ordinances to be upon the premises, whether or not their employment requires it, e.g., firemen and policemen. Such officials are likely to be upon the premises at unexpected times and …


Review Of Social Justice In The Liberal State, Donald H. Regan Jan 1983

Review Of Social Justice In The Liberal State, Donald H. Regan

Reviews

Bruce Ackerman's goal, in Social Justice in the Liberal State, is to provide a new foundation for liberal political theory. Ackerman is dissatisfied with both utilitarian and contractarian defenses of liberal political institutions. Indeed, he writes most persuasively when he is criticizing utilitarians and contractarians, though his criticisms are largely familiar.


Suicide And The Failure Of Modern Moral Theory, Donald H. Regan Jan 1983

Suicide And The Failure Of Modern Moral Theory, Donald H. Regan

Articles

The question I want to address is when and why suicide is morally wrong. There is something peculiar in my writing on this question at all. It will soon become apparent that although I think suicide involves genuine moral issues. I also think that the moral problem of suicide is a problem which most people answer correctly. That is, I think that in the vast majority of cases where people ought not to commit suicide, they do not. They are not even tempted. Conversely, most people who do commit suicide, or who want to, are either justified or at least …


Federal Injunctions And The Public Interest, Gene R. Shreve Jan 1983

Federal Injunctions And The Public Interest, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall Jan 1983

Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall

All Faculty Scholarship

The pursuit of fairness and effectiveness has inspired and guided criminal code reformers of the past two decades. Because penal law protects the most important societal interests and authorizes the most serious sanctions the government may impose - the stigma of conviction, imprisonment, and even death - a criminal code, more than any other body of law, should be rational, clear, and internally consistent. Only a precise, principled code that sufficiently defines forbidden conduct can achieve its goals of condemnation and deterrence. Such a code gives citizens fair warning of what will constitute a crime, limits governmental discretion in determining …