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Full-Text Articles in Law
The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith
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.
Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.
William & Mary Law Review
No abstract provided.
Post-Enactment Legislative Signals, William Eskridge Jr.
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
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
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
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
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
Hearing Women Not Being Heard: On Carol Gilligan's Getting Civilized And The Complexity Of Voice, Elizabeth M. Schneider
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
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
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
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
Special Issue On Women And The Law, Tracy E. Higgins
Fordham Law Review
No abstract provided.
Comment On Mcnollgast “Legislative Intent”, Robert H. Bates
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
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
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
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
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 …