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Articles 1 - 16 of 16
Full-Text Articles in Law
Interpreting Codes, Bruce W. Frier
Interpreting Codes, Bruce W. Frier
Michigan Law Review
Large systematically codified bodies of law, such as the European codes or the UCC, gradually effect, or at least encourage, a different kind of legal culture, in which, as such codes are integrated within a national legal heritage, general clauses and principles become more salient within an expanded interpretive community. Because of the open texture of their rules, codes foster an altered legal posture; ancient judicial vigilance against the intrusive legislation may give way to a new ethos of cooperation in the development of law. To be sure, it remains uncertain whether the resulting law will be, in fact, "better," …
Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman
Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman
Michigan Law Review
A Review of Judicial Power and Reform Politics: The Anatomy of Lochner v. New York. By Paul Kens
What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl
What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl
Indiana Law Journal
No abstract provided.
Faith In Secular Religion: A Brief Reply, Aviam Soifer
Faith In Secular Religion: A Brief Reply, Aviam Soifer
Washington and Lee Law Review
No abstract provided.
Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir
Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir
Washington and Lee Law Review
No abstract provided.
Soifer's Vision And Three Questions About Images, Milner S. Ball
Soifer's Vision And Three Questions About Images, Milner S. Ball
Washington and Lee Law Review
No abstract provided.
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
Washington and Lee Law Review
No abstract provided.
Groups In Perspectives, Carol Weisbrod
Groups In Perspectives, Carol Weisbrod
Washington and Lee Law Review
No abstract provided.
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
Washington and Lee Law Review
No abstract provided.
In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey
In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey
Michigan Law Review
In this essay, we explore how modem common law judges should view their role vis-a-vis the legislature. We suggest that the perspective of the "New Public Law," as we conceptualize it, is surprisingly helpful in considering this problem.
In Part I, we briefly summarize two important aspects of the New Public Law: republicanism and public choice. We then address an obvious objection to our project - that our topic relates to private law, and is therefore outside the purview of the New Public Law. Part II turns to important questions about the relationship between statutes and the common law: When …
The First Amendment, Burt Neuborne
The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula
The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula
Michigan Journal of International Law
This paper will explore the origins of the Court's unusual system of review and underscore some of its problems. Surprisingly, this issue has not been adequately expounded, although occasionally different authors have discussed particular problems, such as the participation of individuals in proceedings before the Court.
Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re
Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re
Cleveland State Law Review
As a federal judge I fully appreciate the role of the judiciary in reviewing the actions of administrative agencies. Hence, I am pleased to discuss the concepts of due process, judicial review, and the rights of the individual. Since it cannot be questioned that public officers and administrative agencies vitally affect the lives and interests of all persons, it is important to know the legal controls and remedies that are available to assure that public officials act lawfully. This, of course, implies that all administrators and officers of government must act within the bounds of their delegated authority and comply …
Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter
Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter
Fordham Law Review
Paper presented on April 12, 1991, as part of the Fordham University School of Law's Graduate Colloquium 1990-1991, The S&L Crisis: Death and Transfiguration. This paper is a pilot for a study being prepared for the Administrative Conference of the United States on the enforcement powers of the federal banking agencies. The views expressed herein are those of the author and do not necessarily reflect those of the Conference, its members or its staff.