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Articles 31 - 50 of 50

Full-Text Articles in Law

The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith Feb 1994

The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith

William & Mary Law Review

No abstract provided.


Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr. Feb 1994

Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.

William & Mary Law Review

No abstract provided.


Post-Enactment Legislative Signals, William Eskridge Jr. Jan 1994

Post-Enactment Legislative Signals, William Eskridge Jr.

Law and Contemporary Problems

Statutory interpretation, considered from the perspective of positive political theory, yields a number of iconoclastic conclusions. A model suggesting that judges pay attention to legislative history is argued to not present a robust positive theory of the Rehnquist Court's decisions.


Comment On A “Positive Theory Of Legislative Intent”, Michael Munger Jan 1994

Comment On A “Positive Theory Of Legislative Intent”, Michael Munger

Law and Contemporary Problems

The model of legislative intent utilized by Schwartz, Spiller and Urbiztondo (1994) and its strengths and weaknesses are discussed. Two separate results worthy of the attention of scholars of judicial interpretation are addressed.


New York State Constitutional Decisions: 1993 Compilation Jan 1994

New York State Constitutional Decisions: 1993 Compilation

Touro Law Review

No abstract provided.


A Positive Theory Of Legislative Intent, Edward P. Schwartz, Pablo T. Spiller, Santiago Urbiztondo Jan 1994

A Positive Theory Of Legislative Intent, Edward P. Schwartz, Pablo T. Spiller, Santiago Urbiztondo

Law and Contemporary Problems

The debate about statutory interpretation has been affected by the introduction of social choice theory into the study of legal institutions. The positive political theory of legislative intent is examined.


Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno Jan 1994

Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno

Fordham Law Review

No abstract provided.


Getting Civilized, Carol Gilligan Jan 1994

Getting Civilized, Carol Gilligan

Fordham Law Review

No abstract provided.


Hearing Women Not Being Heard: On Carol Gilligan's Getting Civilized And The Complexity Of Voice, Elizabeth M. Schneider Jan 1994

Hearing Women Not Being Heard: On Carol Gilligan's Getting Civilized And The Complexity Of Voice, Elizabeth M. Schneider

Fordham Law Review

No abstract provided.


Questioning The Use Of Race-Specific And Gender-Specific Economic Data In Tort Litigation: A Constitutional Argument, Martha Chamallas Jan 1994

Questioning The Use Of Race-Specific And Gender-Specific Economic Data In Tort Litigation: A Constitutional Argument, Martha Chamallas

Fordham Law Review

No abstract provided.


A Comment On The Positive Canons Project, Miriam R. Jorgensen, Kenneth A. Shepsle Jan 1994

A Comment On The Positive Canons Project, Miriam R. Jorgensen, Kenneth A. Shepsle

Law and Contemporary Problems

Using the machinery of positive political theory in order to make some sense of legislative intent contains a number of provocative possibilities. Issues that require attention in this theory are addressed.


Legislative Intent: The Use Of Positive Political Theory In Statutory Interpretation Jan 1994

Legislative Intent: The Use Of Positive Political Theory In Statutory Interpretation

Law and Contemporary Problems

The usefulness of legislative history has been brought into question concerning how judges interpret the intent of legislation. The structure of the legislative process is examined in order to identify how legislators solve the problem of instability of majority rule.


Special Issue On Women And The Law, Tracy E. Higgins Jan 1994

Special Issue On Women And The Law, Tracy E. Higgins

Fordham Law Review

No abstract provided.


Table Of Contents Jan 1994

Table Of Contents

Touro Law Review

No abstract provided.


Table Of Contents Jan 1994

Table Of Contents

Touro Law Review

No abstract provided.


Comment On Mcnollgast “Legislative Intent”, Robert H. Bates Jan 1994

Comment On Mcnollgast “Legislative Intent”, Robert H. Bates

Law and Contemporary Problems

McNollgast's (1994) theory on legislative intent is argued as an exercise in textual interpretation. Possible weaknesses in the application of this theory are highlighted.


Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh Jan 1994

Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh

Cleveland State Law Review

What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …


Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno Jan 1994

Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno

Fordham Law Review

No abstract provided.


Gender And Professional Roles, Deborah L. Rhode Jan 1994

Gender And Professional Roles, Deborah L. Rhode

Fordham Law Review

No abstract provided.


Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh Jan 1994

Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh

Cleveland State Law Review

What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …