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Full-Text Articles in Law
Farewell To The Quick Look: Redefining The Scope And Content Of The Rule Of Reason, Alan J. Meese
Farewell To The Quick Look: Redefining The Scope And Content Of The Rule Of Reason, Alan J. Meese
Alan J. Meese
No abstract provided.
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
Thomas J. McSweeney
One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …
Up Close And Personal With Delaware, Darian M. Ibrahim, Brian J. Broughman
Up Close And Personal With Delaware, Darian M. Ibrahim, Brian J. Broughman
Darian M. Ibrahim
No abstract provided.
Delaware’S Familiarity, Brian J. Broughman, Darian M. Ibrahim
Delaware’S Familiarity, Brian J. Broughman, Darian M. Ibrahim
Darian M. Ibrahim
No abstract provided.
Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann
Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann
Laura A. Heymann
No abstract provided.
The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason
The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason
Eric D. Chason
No abstract provided.
The Unruliness Of Rules, Peter A. Alces
Regret And Contract "Science", Peter A. Alces
The Supreme Court's Backwards Proportionaility Jurisprudence: Conparing Judicial Review Of Excessive Criminal Punishments And Excessive Punitive Damages Award, Adam M. Gershowitz
The Supreme Court's Backwards Proportionaility Jurisprudence: Conparing Judicial Review Of Excessive Criminal Punishments And Excessive Punitive Damages Award, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
International Law And Dworkin's Legal Monism, Michael S. Green
International Law And Dworkin's Legal Monism, Michael S. Green
Michael S. Green
No abstract provided.
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Michael S. Green
In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. Hart. Philosophers of law have uniformly rejected the semantic sting argument as a fallacy. Nevertheless Dworkin reaffirms the argument in Justice in Robes, his most recent collection of essays, and devotes much of the book to stubbornly, and unsuccessfully, defending it. This is a pity, because the failure of the semantic sting argument in no way undermines Dworkin's other arguments against Hart.
A Humble Justice, Marah S. Mcleod
A Humble Justice, Marah S. Mcleod
Marah McLeod
Media and scholarly critics often claim that Justice Thomas's criminal law opinions reflect intentional cruelty or callousness, and dismiss his opinions without engaging seriously with their substance.
This Essay contends that judicial humility is a far more plausible explanation for Justice Thomas's criminal case decisions. If observers recognize that his approach to the law is guided by humility, rather than his own cruel or callous views, they will be more likely to consider the substance of his opinions and will benefit from wrestling with his challenging jurisprudential and historical perspective - even if they do not agree with the conclusions …
Balancing Free Speech, Alexander Tsesis
Balancing Free Speech, Alexander Tsesis
Alexander Tsesis
This article develops a theory for balancing free speech against other express and implied constitutional, statutory, and doctrinal values. It posits that free speech considerations should be connected to the underlying purpose of constitutional governance. When deciding difficult cases involving competing rights, judges should examine (1) whether unencumbered expression is likely to cause constitutional, statutory, or common law harms; (2) whether the restricted expression has been historically or traditionally protected; (3) whether a government policy designed to benefit the general welfare weighs in favor of the regulation; (4) the fit between the disputed speech regulation and the public end; and …
Forensic Constitutional Interpretation, Brian F. Havel
Forensic Constitutional Interpretation, Brian F. Havel
Brian Havel
No abstract provided.