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Jurisprudence

1986

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Articles 1 - 30 of 73

Full-Text Articles in Law

An Outline Of Takings, Richard A. Epstein Nov 1986

An Outline Of Takings, Richard A. Epstein

University of Miami Law Review

No abstract provided.


A Last Word On Eminent Domain, Richard A. Epstein Nov 1986

A Last Word On Eminent Domain, Richard A. Epstein

University of Miami Law Review

No abstract provided.


The Consequences Of Conceptualism, Margaret Jane Radin Nov 1986

The Consequences Of Conceptualism, Margaret Jane Radin

University of Miami Law Review

No abstract provided.


Two Faces Of Liberalism, Cass R. Sunstein Nov 1986

Two Faces Of Liberalism, Cass R. Sunstein

University of Miami Law Review

No abstract provided.


Proceedings Of The Conference On Takings Of Property And The Constitution Nov 1986

Proceedings Of The Conference On Takings Of Property And The Constitution

University of Miami Law Review

No abstract provided.


Foreword, Kevin Dorse Nov 1986

Foreword, Kevin Dorse

University of Miami Law Review

No abstract provided.


A Reflection On Epstein And His Critics, Ellen Frankel Paul Nov 1986

A Reflection On Epstein And His Critics, Ellen Frankel Paul

University of Miami Law Review

No abstract provided.


The Malthusian Constitution, Thomas C. Grey Nov 1986

The Malthusian Constitution, Thomas C. Grey

University of Miami Law Review

No abstract provided.


Takings Of Property And Constitutional Serendipity, Larry Alexander Nov 1986

Takings Of Property And Constitutional Serendipity, Larry Alexander

University of Miami Law Review

No abstract provided.


Judicial Notice: An Essay Concerning Human Misunderstanding, E.F. Robert Oct 1986

Judicial Notice: An Essay Concerning Human Misunderstanding, E.F. Robert

Washington Law Review

Articles limning the law pertaining to judicial notice are legion, and the footnotes which have been cite checked by generations of law review editors must number in the thousands. These articles assume that reason, properly employed, produces correct answers. They assume that disagreements can be resolved by reason, because it is self-evident that any problem, once identified, can be solved. Reflected here are the presuppositions of lawyers brought up in the Western legal tradition. What if one were to doubt that reason necessarily governed the behavior of lawyers? What if one doubted as well that all problems were susceptible to …


The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning Sep 1986

The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning

Washington and Lee Law Review

No abstract provided.


The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard Sep 1986

The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard

Dalhousie Law Journal

This essay is a discussion of the formalization in law of a dichotomy between a natural, private order on the one hand, and a public sphere of state action and citizenship on the other. The discussion takes place in the context of equality rights and of the philosophical tensions that underlie the delineation of rights in general. Two legal phenomena are examined: state action doctrine as it has developed in American equal protection jurisprudence under the Fourteenth Amendment and separate sphere ideology as a rationalization for sexual discrimination. Under each doctrine, judicial denial of relief is predicated on a pre-ordained …


Social Science "Theory" And The Legal Decision-Making Process: A Response To Professor Keith 0. Hawkins, Emory Kimbrough, Jr. Sep 1986

Social Science "Theory" And The Legal Decision-Making Process: A Response To Professor Keith 0. Hawkins, Emory Kimbrough, Jr.

Washington and Lee Law Review

No abstract provided.


The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas Sep 1986

The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas

Washington and Lee Law Review

No abstract provided.


Almost An Age Of Justice, Steve Gey Jul 1986

Almost An Age Of Justice, Steve Gey

Florida State University Law Review

THE UNPUBLISHED OPINIONS OF THE WARREN COURT. By Bernard Schwartz. New York: Oxford University Press. 1985. Pp. 470 . $29.95


Natural Law And Natural Laws, David F. Forte Jul 1986

Natural Law And Natural Laws, David F. Forte

Law Faculty Articles and Essays

Modern science has developed the notion of "natural laws" to describe the apparent sequential patterns of the most complex parts of the physical world. But it cannot tell us what we ought to do about arms production, or human sexuality or abortion or race, or death. Non-teleological science can no more tell us that nuclear fusion is immoral than it can tell us what is the natural purpose of the solar system. Natural Law, however, can tell us what ought to be done in light of the nature of law. If indeed the nature of law is that it is …


Up From Feudalism: Harold Berman On The Canonical Origins Of Western Law (Review Of Berman: Law And Revolution: The Formation Of The Western Legal Tradition. Reviewed By Richard E. Rubenstein, Richard E. Rubenstein Jun 1986

Up From Feudalism: Harold Berman On The Canonical Origins Of Western Law (Review Of Berman: Law And Revolution: The Formation Of The Western Legal Tradition. Reviewed By Richard E. Rubenstein, Richard E. Rubenstein

Antioch Law Journal

No abstract provided.


Summary Judgment, Motions To Dismiss, And Other Examples Of Equilibrating Tendencies In The Antitrust System, Stephen Calkins Apr 1986

Summary Judgment, Motions To Dismiss, And Other Examples Of Equilibrating Tendencies In The Antitrust System, Stephen Calkins

Law Faculty Research Publications

No abstract provided.


Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman Apr 1986

Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman

Michigan Law Review

A Review of Jurisprudence: A Descriptive and Normative Analysis of Law by Anthony D'Amato


The Moral Dilemma Of Positivism, Anthony D'Amato Jan 1986

The Moral Dilemma Of Positivism, Anthony D'Amato

Faculty Working Papers

I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have …


Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers Jan 1986

Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal Jan 1986

An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal

Law Faculty Publications

This Article examines the role of police motivation in all facets of fourth amendment jurisprudence and demonstrates that the Court has often considered good faith as one relevant but ill-defined factor in determining substantive aspects of the fourth amendment. The Article concludes that this ambiguous and flexible approach to substantive fourth amendment rights should be utilized when applying the remedy of exclusion.


Attempting The Impossible: The Emerging Consensus, Ira Robbins Jan 1986

Attempting The Impossible: The Emerging Consensus, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …


Freedom Of Speech As Therapy, Pierre Schlag Jan 1986

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.


An Appreciative Comment On Coase's The Problem Of Social Cost: A View From The Left, Pierre Schlag Jan 1986

An Appreciative Comment On Coase's The Problem Of Social Cost: A View From The Left, Pierre Schlag

Publications

Professor Coase's article, The Problem of Social Cost, played a significant role in launching the law and economics movement. Coase's insights have been used extensively by the law and economics movement as authority and inspiration for the development of an essentially right-leaning approach to law. In this Article, Professor Schlag undertakes to reexamine the original article. He shows that Coase's deconstructive moves opened up a series of volatile and radical inquiries. He then argues that the law and economics movement, in general, and Judge Posner, in particular, shut down the dangerous radicalism of these inquiries by hypostasizing Coase's insights …


Government Nonacquiescence Case In Point: Social Security Litigation Jan 1986

Government Nonacquiescence Case In Point: Social Security Litigation

Touro Law Review

No abstract provided.


Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White Jan 1986

Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White

Articles

No abstract provided.


The Judge, Marianne Wesson Jan 1986

The Judge, Marianne Wesson

Publications

No abstract provided.


Intergenerational Condemnation, Donald H. Gjerdingen Jan 1986

Intergenerational Condemnation, Donald H. Gjerdingen

Articles by Maurer Faculty

Justice between generations is a growing concern in land use, particularly in the areas of environmental and historic preservation. In this Article, Professor Gerdingen addresses the effect of this development on contemporary takings clause doctrine. He argues that conventional takings doctrine is comprised of four different "causes of action" that merely focus on intragenerational conflicts over the use of resources. As a result, part of the reason why the law generates so many hard cases in the area of environmental and historic preservation is that the conventional takings doctrine is unable to accommodate the justice between generations component of preservation …


The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley Jan 1986

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley

Touro Law Review

No abstract provided.