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Articles 31 - 42 of 42
Full-Text Articles in Law
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
University of Miami Law Review
Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.
The Language And Logic Of Law: A Case Study, David N. Haynes
The Language And Logic Of Law: A Case Study, David N. Haynes
University of Miami Law Review
Law is a social practice that consists of argument, in large part. This article is a case study of legal argument. The author has undertaken the study in the belief that the forms assumed by legal argument relate to lawyers' conscious or unconscious understanding about what is persuasive in a given legal context. One can articulate these understandings by identifying and describing particular forms of argument and by determining the circumstances in which lawyers use each form. The author examines a set of Supreme Court opinions, using as a guide one of the few contemporary attempts to organize and classify …
The Courts And Social Policy: Substance And Procedure, Henry J. Friendly
The Courts And Social Policy: Substance And Procedure, Henry J. Friendly
University of Miami Law Review
Judge Friendly admits that the courts must address themselves in some instances to issues of social policy. He would prefer, however, that a court rest its decision on an ascertainable jural principle rather than support its decision on the basis of its conception of what is desirable social policy. When courts do rely on social or economic data, they should observe procedural fairness as a goal in its own right and as a tool towards obtaining correct and complete information. When the economic and social data is indeterminate, a court should refuse to base its decision on such information. If …
The Adversary Society: Keynote Address Of The Third Annual Baron De Hirsch Meyer Lecture Series, William H. Rehnquist
The Adversary Society: Keynote Address Of The Third Annual Baron De Hirsch Meyer Lecture Series, William H. Rehnquist
University of Miami Law Review
In recent years litigants have pressed the courts to resolve disputes which were formerly regulated by other social and political institutions. Mr. Justice Rehnquist stresses the crucial importance of nongovernmental institutions in our society. He discusses the need to evaluate the disruptive effect of an adversary proceeding between parties who must continue in an ongoing relationship after their dispute has been settled. The author then suggests that in order to preserve certain social institutions, limits must be placed on the use of adversary proceedings.
Seven Pluralist Fallacies: In Defense Of The Adversary Process-A Reply To Justice Rehnquist, Laurence H. Tribe
Seven Pluralist Fallacies: In Defense Of The Adversary Process-A Reply To Justice Rehnquist, Laurence H. Tribe
University of Miami Law Review
The author analyzes the role of litigation in a pluralistic society through his discussion of the "pluralist's fallacies," seven characteristic errors underlying much opposition to judicial activism. He advocates a large and active role for the adversary process in order to ensure that less established groups have a forum in which to protect their interests.
Beyond Legitimacy, Steven Wisotsky
Beyond Legitimacy, Steven Wisotsky
University of Miami Law Review
The author analyzes the scholarly debate over the legitimacy of the institution of judicial review. He suggests that, as a reaction to unjustified criticism of the institution, defenders of judicial review have articulated propositions which advance constitutional jurisprudence beyond the issue of legitimacy. He argues that the time has come for courts to de-emphasize prudential considerations and to concentrate on the substantive correctness of their decisions and on the standards of review which the courts employ.
Authority And Autonomy: The State, The Individual And The Family, M. David Gelfand
Authority And Autonomy: The State, The Individual And The Family, M. David Gelfand
University of Miami Law Review
This commentary focuses primarily upon the views expressed by Justice Rehnquist in his de Hirsch Meyer lecture. The author argues that a corollary to Justice Rehnquist's view that the judiciary should defer to the authority of private institutions over the individual, to protect those institutions, would be to adopt a judicial attitude of supporting private institutions against legislative interference. An examination of Justice Rehnquist's judicial opinions in the area of constitutional family law reveals exactly the opposite position. The author concludes that Justice Rehnquist's position of judicial deference to legislative decisions over the family may lead to destruction of the …
The Judging Class, Kenneth M. Casebeer
The Judging Class, Kenneth M. Casebeer
University of Miami Law Review
The author traces the common thread running through the analysis of judicial review by the symposium speakers. He posits that while all three speakers support equally activist positions, their allegiance to divergent values and political theories results in their opposed statements on the activist debate. He compares the dialogue in this symposium to that of the Justices in the 1940's, which discourse explicitly was grounded in a struggle over values. The author concludes that courts must structure the form of their opinions in a manner which clearly demonstrates the relationship between the chosen social values and the resulting decision.
Joseph Henry Beale's Lectures On Jurisprudence, 1909, Warren J. Samuels
Joseph Henry Beale's Lectures On Jurisprudence, 1909, Warren J. Samuels
University of Miami Law Review
No abstract provided.
The Principle Of The Personality Of Law In The Early Middle Ages: A Chapter In The Evolution Of Western Legal Institutions And Ideas, Simeon L. Guterman
The Principle Of The Personality Of Law In The Early Middle Ages: A Chapter In The Evolution Of Western Legal Institutions And Ideas, Simeon L. Guterman
University of Miami Law Review
No abstract provided.
The Interaction Of Religion, Law, And Politics In Western Society: Its Historical Character And Influence, Simeon L. Guterman
The Interaction Of Religion, Law, And Politics In Western Society: Its Historical Character And Influence, Simeon L. Guterman
University of Miami Law Review
No abstract provided.
The Opinion Rule And Wittgenstein's Tractatus, Ralph Slovenko
The Opinion Rule And Wittgenstein's Tractatus, Ralph Slovenko
University of Miami Law Review
No abstract provided.