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Full-Text Articles in Law

The Deceptively Disparate Treatment Of Business And Investment Interest Expense Under A Cash-Flow Consumption Tax And A Schanz-Haig-Simons Income Tax, J. Clifton Fleming, Jr. Dec 1997

The Deceptively Disparate Treatment Of Business And Investment Interest Expense Under A Cash-Flow Consumption Tax And A Schanz-Haig-Simons Income Tax, J. Clifton Fleming, Jr.

Faculty Scholarship

No abstract provided.


Conservatives, Liberals, Romantics: The Persistent Quest For Certainty In Constitutional Interpretation, Frederick Mark Gedicks Jan 1997

Conservatives, Liberals, Romantics: The Persistent Quest For Certainty In Constitutional Interpretation, Frederick Mark Gedicks

Faculty Scholarship

Despite their considerable ideological differences, "conservative originalists" such as Robert Bork and "progressive originalists" such as Michael Perry both divide the process of understanding into cognitive (or "objective") and normative (or "subjective") aspects. The determination of the original meaning of the Constitution is methodologically separated from the question how this predetermined meaning should be applied in a particular case. This places both conservative and progressive originalists squarely in the tradition of Romantic hermeneutics, which sought to overcome the uncertainty and imprecision of textual interpretation by developing a "science of interpretation" which purported to be as epistemologically reliable as the methods …


The United States Parol Evidence Rule Under The United Nations Convention On Contracts For The International Sale Of Goods, David H. Moore Jan 1997

The United States Parol Evidence Rule Under The United Nations Convention On Contracts For The International Sale Of Goods, David H. Moore

Faculty Scholarship

No abstract provided.


The Disregarded Common Parentage Of The Equal Footing And Public Trust Doctrines, James R. Rasband Jan 1997

The Disregarded Common Parentage Of The Equal Footing And Public Trust Doctrines, James R. Rasband

Faculty Scholarship

No abstract provided.


The Improbability Of Religion Clause Theory, Frederick Mark Gedicks Jan 1997

The Improbability Of Religion Clause Theory, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.