Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Writing and Research (33)
- Legal Profession (18)
- Legislation (15)
- Law and Society (11)
- Courts (9)
-
- Computer Law (8)
- Law and Philosophy (8)
- Religion Law (7)
- Supreme Court of the United States (7)
- Science and Technology Law (6)
- Constitutional Law (5)
- Estates and Trusts (5)
- Legal History (5)
- Public Law and Legal Theory (5)
- State and Local Government Law (5)
- Contracts (4)
- Civil Rights and Discrimination (3)
- Commercial Law (3)
- Common Law (3)
- Entertainment, Arts, and Sports Law (3)
- Judges (3)
- Legal Education (3)
- Taxation-Federal Estate and Gift (3)
- Agency (2)
- Business Organizations Law (2)
- Civil Procedure (2)
- Criminal Procedure (2)
- Education Law (2)
- Law and Gender (2)
- Publication Year
Articles 31 - 60 of 95
Full-Text Articles in Law
How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White
How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White
Articles
I want to start today with an account of the way lawyers think and speak, and then ask whether it might be useful for the theologically minded to take these practices and procedures seriously as a ground of comparison from which to look at their own. In doing this I shall look at the practice of law with an emphasis not on its social effects or ethical difficulties but on the nature of the activity itself, viewed from the inside, asking in particular what kind of knowledge it requires and creates in its practitioner. What does the lawyer learn from …
Legal Knowledge, James Boyd White
Legal Knowledge, James Boyd White
Articles
What do we know when we know the law? I asked a rabbi I know how he would answer that question with respect to Jewish law. Does someone know the law when he can repeat the rules that tell him what to do? Or when he can engage in the activity of reading them, separately or in conjunction with each other, and applying them sensibly to new circumstances? Is even that enough? My friend said it was not: he must know who he is in relation to the law, both as an individual and as a member of a people; …
Regulatory Purpose And 'Like Products' In Article Iii:4 Of The Gatt (With Additional Remarks On Article Ii:2), Donald H. Regan
Regulatory Purpose And 'Like Products' In Article Iii:4 Of The Gatt (With Additional Remarks On Article Ii:2), Donald H. Regan
Articles
In European Communities-Measures Affecting Asbestos and Asbestos-Containing Products (EC-Asbestos) the Appellate Body has told us that (1) in interpreting Article 111:4 of the General Agreement on Tariffs and Trade (GATT), we must take explicit account of the policy in Article 111:1 that measures should not be applied "so as to afford protection to domestic production" [hereafter just "so as to afford protection"]. In Chile--Taxes on Alcoholic Beverages (Chile--Alcohol) the Appellate Body has told us that (2) in deciding whether a measure is applied "so as to afford protection", we must consider "the purposes or objectives of a Member's legislature and …
How To Talk About Religion, James Boyd White
How To Talk About Religion, James Boyd White
Articles
Our experience, supported we think by that of others, is that it is most difficult to do this well, whether we are trying to talk about religion within a discipline, such as law or psychology or anthropology, or even in more informal ways, with our friends and colleagues. There are many reasons for this: It is in the nature of religious experience to be ineffable or mysterious, at least for some people or in some religions; different religions imagine the world and its human inhabitants, and their histories, in ways that are enormously different; and there is no superlanguage into …
Reading Texts, Reading Traditions: African Masks And American Law, James Boyd White
Reading Texts, Reading Traditions: African Masks And American Law, James Boyd White
Articles
My subject in this Essay is the relation between a text or other artifact and the tradition against which it acts. I want to begin by borrowing from a book that seems to me to represent a model-not the only model, of course, but a very good one-of a certain kind of cultural investigation. The book is Inventing Masks by Z.S. Strother, an art historian at Columbia University who specializes in African art. Its material subject is a set of face masks made by the Central Pende, an African people in what is now the Democratic Republic of Congo.
Linking The Visions, James Boyd White
Linking The Visions, James Boyd White
Articles
It is a major tendency of legal studies in our time to focus upon questions of general social policy, with argument centered on which theory or methodology ought to determine such matters. My own attention has been differently focused, on the nature and quality of legal thoughts itself, and of legal expression. It is to these matters that the work I do with the humanities – literature, classics, philosophy, and translation – many speaks.
Fuller And Language, Joseph Vining
Fuller And Language, Joseph Vining
Book Chapters
His style made him distinctive. His substance made him distinctive. The two crossed, were genetically related as we now say. Style and substance each drew on and was implied by the other. One point of their crossing was his sense of the nature of human language; what language was and could be, what it was not and could never be. In 1930, early in his work, Fuller took up the problem of language in a series of articles. Toward the end of his time he republished this initial ground-establishing effort as the little book we now have, Legal Fictions, …
Humanities And The Law: A Kinship Of Performance, James Boyd White
Humanities And The Law: A Kinship Of Performance, James Boyd White
Articles
The following essay is adapted from “A Visiting Scholar Considers The Law and the Humanities”, which appeared in The Key Reporter of Phi Beta Kappa in summer 1998 as a partial report of the author’s year as a Phi Beta Kappa Visiting Scholar. The selection here is a summary of a lecture the author delivered during his travels to eight colleges and universities throughout the United States.
Near Misses, William I. Miller
Near Misses, William I. Miller
Articles
I was recently invited to give a keynote address for a small academic conference whose advertised theme was "Near Misses, Contingencies, and Histories." I have a rough and ready understanding of the near miss, the same kind of understanding we have of most words and phrases that spill out effortlessly in normal conversation. I use it and have heard it used by myriad others to describe a certain style of disappointment and regret. It is a concept generally available to us all, but when coupled with contingencies and histories, as in the title of the conference with its vague suggestions …
Focus On Faculty - Rebecca S. Eisenberg, Rebecca S. Eisenberg
Focus On Faculty - Rebecca S. Eisenberg, Rebecca S. Eisenberg
Other Publications
As a teenager, I had a passion for studying foreign languages. I loved immersing myself in an unfamiliar idiom, struggling to make sense of another system for parsing words and sentences to describe experiences and observations. I reveled in subtle differences in the meaning of words that were sometimes, but not always, equivalents in translation. Most intriguing of all were the occasional insights I gained into the limitations of my own language when I recognized that a foreign locution simply has no English equivalent.
The Gift Of Language, Joseph Vining
The Gift Of Language, Joseph Vining
Articles
Style and substance cross-are genetically related as we now might want to say. Each draws on and is implied by the other. One point at which they cross is our sense of the nature of human language, what language is and can be, what it is not and can never be. The language of law is part of human language. Law is a distinctive form of thought, but it lives in human language. "Rule" might be thought synonymous with "law," but for all its talk of rules, the practice of law does not begin with a descriptive statement, or a …
Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen
Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen
Articles
The fundamental concept of the LEGAL RELATIONS Language (LRL) is the recursively-defined notion of LEGAL RELATION (LR). As LR is defined here, there is an infinite number of different LEGAL RELATIONS, and LRL is a language for precisely and completely describing each of those infinite number of dfferent LEGAL RELATIONS. With its robust collection of dfferent names, one for each of the different LEGAL RELATIONS, LRL provides adequate vocabulary for (1) describing every possible legal state of affairs, (2) accounting for every possible change from one legal state of affairs to another, (3) representing every possible legal rule, and (4) …
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Articles
In speaking to this conference about religion and law I am in a decidedly peculiar position, for it may be that every one of you has thought longer and harder about the relation between these two forms of life than I have. When Scott Idleman first asked me to talk to you, I explained that I was no expert, to put it mildly, and that the most that I could offer would be the reflections of a neophyte. He said that this was fine-perhaps he was just desperate for a speaker; perhaps he thought that it might be helpful to …
Response To Judging Religion By Winnifred Fallers Sullivan (Symposium: Religion And The Judicial Process: Legal, Ethical, And Empirical Dimensions), James Boyd White
Response To Judging Religion By Winnifred Fallers Sullivan (Symposium: Religion And The Judicial Process: Legal, Ethical, And Empirical Dimensions), James Boyd White
Articles
In her paper Professor Sullivan sets forth an admirable ideal: that we in the law should talk about religion as a distinctive human activity, without either engaging in theology ourselves or erasing what is important about religion. We: should, in her words, learn to acknowledge religion without establishing it. For this activity, as she has also argued in Paying the Words Extra, the discipline of the history of religion can serve as a model, for there too people strive to reflect what is distinctive about religion without committing themselves to the validity of a particular theology or set of religious …
25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers
25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers
Reviews
Jane is meeting with her lawyer Peter. She has been complaining bitterly about a restraining order obtained ex parte by the lawyer for her husband Norb. The order bars her from entering the home that she still owns jointly with Norb and that Norb has continued to live in. She moved out voluntarily, as a gesture of good will, a short while before only to have her husband's lawyer run to court and secure the order she abhors. Readers first met Jane back in 1986 when Austin Sarat and William Felstiner published the first article growing out of their massive …
Irrelevance, Minimal Relevance, And Meta-Relevance (Response To David Crump), Richard D. Friedman
Irrelevance, Minimal Relevance, And Meta-Relevance (Response To David Crump), Richard D. Friedman
Articles
Professor Crump's analysis runs the full traverse from academic theorizing to practical observation. I will attempt to follow him over the same course, addressing three questions among the congeries that he raises. First, is it true that all evidence satisfies the minimalist definition of relevance? Second, should evidentiary codes include a tighter definition of relevance? Third, how should we assess lawyers' use of evidence that, loosely speaking, is irrelevant?
Why I Write, James Boyd White
Why I Write, James Boyd White
Articles
It is a great honor for me to speak to you on this occasion, celebrating the publication of such an original and important book. It is a pleasure of a different kind as well, for Lash LaRue is an old and good friend, and I welcome the chance to join with others in congratulating him.
Fighting Words: Individuals, Communities, And Liberties Of Speech, Joseph Vining
Fighting Words: Individuals, Communities, And Liberties Of Speech, Joseph Vining
Reviews
Words that do something can be fought with guns and silenced. Words that say something will be protected, and the guns will be turned on those who try to silence.
Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining
Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining
Articles
The Moral Tradition of American Constitutionalism is one of those rare works that leads us to face, at the center of law and legal thought, the largest questions about human life and human purpose. There is a special reader's shudder, a certain gestural shift in the chair, reserved for that moment of realizing where one is being led-not to the edge, but to the center, so that the questions become insistent, and whatever we and others say and do in the face of them becomes our response to them.
The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White
The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White
Articles
I want to talk today about a certain aspect or dimension of the language of judging. From one point of view the quality I mean can be seen as a kind of idealism inherent in legal language; from another, as a kind of fundamental hypocrisy; from still another, as a simultaneously tragic and comic element in legal life.
What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White
What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White
Articles
The question the papers in this Special Issue address is whether it matters how judicial opinions are written, and if so why. My hope here is to suggest a way of elaborating the question that may provide the reader with a useful point of departure for reading the more extensive papers that follow.
The Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
The Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
Articles
The topic of this symposium is the influence that international law has had on domestic law of the United States. I believe that the story of the revision of Article 5 of the Uniform Commercial Code fits here, but some might dispute that. Although it is certainly fair to say that international practice-in a sense international law-was a powerful influence on the revision of Article 5 of the Uniform Commercial Code, that practice, and the way in which that influence was exerted were almost entirely sui generis to the letter of credit law, practice and history.
Bioethics In The Language Of The Law, Carl E. Schneider
Bioethics In The Language Of The Law, Carl E. Schneider
Articles
What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical discourse are obliged to borrow in their daily controversies the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits, taste, and language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We ask these questions because, as the incomparable Tocqueville foresaw, Americans today truly do resolve political-and moral--questions into judicial questions. As Abraham Lincoln hoped, the Constitution "has become the political religion of the nation," and many Americans …
Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon
Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon
Articles
Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of· the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language· best accomplishes the purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the …
Talking About Rights, Carl E. Schneider
Talking About Rights, Carl E. Schneider
Reviews
In recent years, a growing recognition of the power of rights talk in American law and life has surfaced in the writing of legal academics, along with a gnawing doubt about that power. In Rights Talk The lmpaverishrnent of Political Discaurse, Mary Ann Glendon, a professor of law at Harvard University, gives those doubts systematic, thoughtful, and lucid expression. Glendon has long been one of our most penetrating students of family law and one of our most enlightening students of comparative law. In this book (as in its predecessor and forebear, Abartion and Divorce in We5tem Law), she brings this …
Translation As A Mode Of Thought, James Boyd White
Translation As A Mode Of Thought, James Boyd White
Articles
I think that Clark Cunningham's article, The Lawyer as Translator, is a wonderful piece of work, full of life and interest and originality. I especially admire: his ability to make vivid to the reader the ways in which languages do truly differ, and differ beyond our efforts to bridge them-as he shows when he imagines an attempt to translate our most common professional terms into Chinese; his recoguition of the kind of force that our languages have over our minds, both as we see the world and as we tell stories about it; his sense that what we think of …
Automatic Generation Of A Legal Expert System, Layman E. Allen, Charles S. Saxon
Automatic Generation Of A Legal Expert System, Layman E. Allen, Charles S. Saxon
Book Chapters
The use of the AUTOPROLOG system to generate automatically a legal expert system is described in this chapter. The interpretation of a statutory or other legal rule by one expert (or by the consensus of a group of experts) expressed in a normalized form is the only input needed by the AUTOPROLOG system (which includes Turbo Prolog, the AUTOPRO program, and some data files) to produce automatically a computer program that is an expert system for that legal rule. The process for producing a legal expert system for Section 213.1 of the Modal Penal Code, which deals with rape and …
What Can A Lawyer Learn From Literature?, James Boyd White
What Can A Lawyer Learn From Literature?, James Boyd White
Reviews
Judge Posner's recent book, Law and Literature: A Misunderstood Relation, has already attracted considerable attention and it is likely to attract even more. The author is a well-known judge, famous for his work in law and economics; in this book he takes the bold step of entering a field very different from that in which he established his reputation; and the book itself both reflects a wide range of reading and contains an enormous number of bibliographical references, all in support of its claim, made in the preface, to be the "first to attempt a general survey and evaluation …
Legal Affinities, Joseph Vining
Legal Affinities, Joseph Vining
Articles
Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …
Law And Sex, Christina B. Whitman
Law And Sex, Christina B. Whitman
Reviews
In Feminism Unmodified, a collection of speeches given between 1981 and 1986, Catharine MacKinnon talks of law from the perspective of feminism. MacKinnon does not approach her topic as a lawyer with a uniquely legal perspective on feminism; she brings, instead, a distinctively feminist approach to law. Nor is the feminism from which she speaks grounded in the standard political theories: MacKinnon disclaims and attacks the Marxist approach to feminism, the socialist approach to feminism, and, most emphatically and repeatedly, the liberal approach to feminism that has been embraced by many lawyers in their effort to use law to eliminate …