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Articles 361 - 367 of 367
Full-Text Articles in Law
Rights, Communities, And Tradition, Brian Slattery
Rights, Communities, And Tradition, Brian Slattery
Brian Slattery
Mr. Justice Antonin Scalia: A Renaissance Of Positivism And Predictability In Constitutional Adjudication, Beau James Brock
Mr. Justice Antonin Scalia: A Renaissance Of Positivism And Predictability In Constitutional Adjudication, Beau James Brock
Beau James Brock
This article pinpoints Justice Scalia's judicial methodology and contrasts it with the pragmatism of Justice Sandra Day O'Connor.
A Legal Theory Of Revolutions, Ali Khan
A Legal Theory Of Revolutions, Ali Khan
Ali Khan
A legal theory of revolutions presents the principle of social approval. In order to determine the legitimacy of a revolution in the legal sense, the principle of social approval focuses upon the critical significance of succession rules. The normative statement that a legislator has the right to make laws presupposes the existence of the rule, in the social group, under which he has this right. This rule is the succession rule. A revolution occurs when a person usurps power in violation of the existing succession rules. The revolution is lawful if new succession rules given by the usurper enjoy social …
Felix S. Cohen And His Jurisprudence: Reflections On Federal Indian Law, Stephen M. Feldman
Felix S. Cohen And His Jurisprudence: Reflections On Federal Indian Law, Stephen M. Feldman
Stephen M. Feldman
In 1942, Felix S. Cohen published the Handbook of Federal Indian Law, the first synthesis of that field. At that time, Cohen was renowned as a legal philosopher, a member of the American legal realist movement, and a leading advocate for Native Americans. The primary purpose of this Article is to relate Cohen's realist jurisprudence to the development of federal Indian law. The thesis is that Cohen's jurisprudence profoundly affected his writing of the Handbook, which, in turn, profoundly affected the development of contemporary federal Indian law. The United States Supreme Court has effectively adopted Cohen's realist method for resolving …
Attempting The Impossible: The Emerging Consensus, Ira P. Robbins
Attempting The Impossible: The Emerging Consensus, Ira P. Robbins
Ira P. Robbins
Chinese Encounters, Robert M. Sanger
Chinese Encounters, Robert M. Sanger
Robert M. Sanger
A Review of the book Chinese Encounters by Inge Morath and Arthur Miller. Miller inquired about cultural and legal issues in China as one of the first American intellectuals to be given relatively free access to China since the Mao regime. Inge Morath provided remarkable photographs. The significance was the juxtaposition of Miller's adherence to the Western concept of the Rule of Law with the communitarian values of Chinese culture.
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira P. Robbins