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Values

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Articles 151 - 165 of 165

Full-Text Articles in Law

Introduction: Is Cultural Criticism Possible?, James Boyd White Jan 1986

Introduction: Is Cultural Criticism Possible?, James Boyd White

Michigan Law Review

It is by now something of a truism that the abstract and conceptual modes of discourse that have dominated our intellectual life in the past century have led to a rather reduced and schematic view of law. Moved by the desire to talk about social institutions in a neutral and scientific way, scholars beginning at least with John Austin have sought to define law as a set of rules, promulgated by a sovereign and addressed to the behavior of subject individuals, all in an attempt to isolate legal phenomena from their context for scientific study. Rules, on this view, are …


Marketable Pollution Permits: Their Values, Theory, And Application, D. Fraser Macfayden Dec 1985

Marketable Pollution Permits: Their Values, Theory, And Application, D. Fraser Macfayden

Dalhousie Law Journal

The Economic Council of Canada recently expressed interest in exploring alternatives to the traditional command and control model of pollution control. The marketable pollution permit (MPP) scheme proposed by Dales is one such alternative.' This idea will be examined to assess its potential for practical application. I conclude that the MPP idea has little potential for widespread application. It is not suited to replace the command and control model. There is potential for the supporting principles of the scheme to provide a useful adjunct to current regulatory controls. The issue will be discussed in three sections. The first section will …


Moral Discourse And Family Law, Lee E. Teitelbaum Dec 1985

Moral Discourse And Family Law, Lee E. Teitelbaum

Michigan Law Review

It seems appropriate in the early stages of an experiment in legal publishing to say something about it, if only because few forms have been as resistant to innovation as the law review. The creation of a section for correspondence regarding recent articles provides a medium for conducting just the national discourse which scholarship aspires to provoke and which does occur in private conversations or letters and, occasionally, in panels at professional meetings. To talk in print about a colleague's work - to praise it, qualify it, pursue suggested or alternate lines of thought - is not only an enjoyable …


Transitional Legal Practice And Professional Ideology, Bryant G. Garth Jan 1985

Transitional Legal Practice And Professional Ideology, Bryant G. Garth

Michigan Journal of International Law

This essay assumes that there are three other reasons for studying transnational legal practice. First, such a study provides a way to explore some of the dilemmas that we often overlook about our domestic legal system. In both the domestic and transnational legal settings we are uncomfortable with the idea of law as "merely a business"; troubled by the invasion of "legality" into domains that once had seemed immune from state regulation; wary of the expense of "mega" law and litigation; reticent about a "total justice" which is expected to compensate individual victims of every unpleasant social accident; and nervous …


An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag Jan 1983

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.


Constitutional Interpretation, Terrance Sandalow Jan 1981

Constitutional Interpretation, Terrance Sandalow

Articles

"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …


A "Humanitarian" Approach To Individual Injury, Christina B. Whitman Jan 1981

A "Humanitarian" Approach To Individual Injury, Christina B. Whitman

Reviews

Individual injury law was once an important arena for the definition of shared values. It has increasingly become the domain of various species of systems analysts who measure legal results against external norms defined by such disciplines as economics. Although legal scholars continue to use the expectations and beliefs of ordinary men and women in fashioning rules for the redress of constitutional injuries, common-law scholars have become less willing to ground legal principles in moral consensus. There are notable exceptions. Among these is Professor Marshall Shapo, who, in two recent works, attempts to develop a legal analysis of injury that …


Judicial Protection Of Minorities, Terrance Sandalow May 1977

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …


Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow Jan 1975

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Articles

Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …


A Comment On Fried, Summers, And The Value Of Life, Lewis H. Larue Jan 1972

A Comment On Fried, Summers, And The Value Of Life, Lewis H. Larue

Scholarly Articles

Not available.


Failure Of Religious, Moral And Legal Controls To Meet The Needs Of Modern Life: Legal Education, Frederick K. Beutel Jan 1969

Failure Of Religious, Moral And Legal Controls To Meet The Needs Of Modern Life: Legal Education, Frederick K. Beutel

Cleveland State Law Review

Law is social control, and law devised without direct reference to the facts of life of the people controlled is not likely to be successfully administered. This is especially true in the modern world where social conditions are being changed with kaleidoscopic rapidity, while laws are changing slowly if at all. If all the professions using science have so changed man's environment, why does it not make sense to give the scientific method a improve law and government? The means of accomplishing this have been discussed at length elsewhere and need not be repeated here; but the impact of these …


Values As Variables In Judicial Decision-Making: Notes Toward A Theory, David I. Danelski Jun 1966

Values As Variables In Judicial Decision-Making: Notes Toward A Theory, David I. Danelski

Vanderbilt Law Review

The concept of values is central to the explanation of judicial decision-making. Indeed, Clark L. Hull has gone so far as to say that any fairly detailed and sound dynamic theory of behavior must contain an empirical theory of values. Although students of judicial behavior have used values, or some equivalent concept, in their studies, there has been as yet no thorough, systematic exploration of values with a view toward using it as the central concept in building an empirical theory of judicial decision-making. This paper is a modest step in that direction. It is not, however, a presentation of …


Parental Delinquency, E. F. Samore Jan 1959

Parental Delinquency, E. F. Samore

Cleveland State Law Review

Juvenile delinquency is a widely discussed subject. Every segment of our society has its experts on the subject, and every expert has a solution. Yet the problems not only increase, but become more and more complex in all strata of our society. The problems have become so commonplace that our society seems to be accepting them as a normal necessary evil about which little can be done. As a prosecutor or as defense counsel, I have never yet met any parents who willingly admitted fault in these problems. They insist that they have been good parents and that the fault …


Securities Legislation - Civil Liabilities On Account Of False Registration Statement - Limitations Of Actions - Licenses, Michigan Law Review May 1940

Securities Legislation - Civil Liabilities On Account Of False Registration Statement - Limitations Of Actions - Licenses, Michigan Law Review

Michigan Law Review

Plaintiff, purchaser of stock in Condor Pictures, Inc., brought an action against the officers of the corporation and the auditors who certified the registration statement, to recover damages under section II of the Securities Act of 1933. The action was founded upon misrepresentations and omissions in the registration statement, concerning a lease made by Condor Pictures, Inc., which the auditors failed to set up as a contingent liability. The defendants at the time of the suit stipulated that the stock had no market value, but the plaintiff did not offer any evidence of the actual value of the stock beyond …


Quasi-Contracts-Joinder Of Misrepresenting Agent In Purchaser's Action Against Principal For Rescission Feb 1936

Quasi-Contracts-Joinder Of Misrepresenting Agent In Purchaser's Action Against Principal For Rescission

Michigan Law Review

Plaintiff was induced to purchase stock in defendant corporation through representations as to its previous earning power made by agents of the corporation who were also joined as defendants. Plaintiff sued on a theory of rescission to recover the value of property transferred in exchange for the stock in question. Held, the agents of the corporation were properly joined as defendants. Kaufman v. Jaffee, 244 App. Div. 344,279 N. Y. S. 392 (1935).