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Jurisprudence

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Articles 1351 - 1360 of 1360

Full-Text Articles in Law

Conventionalism, Pragmatism, And Constitutional Revolutions, Robert Justin Lipkin Jan 1988

Conventionalism, Pragmatism, And Constitutional Revolutions, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

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Disclosing Tilt: A Partial Defense Of Critical Legal Studies And A Comparative Introduction To The Philosophy Of The Law-Idea, David Caudill Jul 1987

Disclosing Tilt: A Partial Defense Of Critical Legal Studies And A Comparative Introduction To The Philosophy Of The Law-Idea, David Caudill

David S Caudill

No abstract provided.

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A Legal Theory Of Revolutions, Ali Khan Dec 1986

A Legal Theory Of Revolutions, Ali Khan

Ali Khan

A legal theory of revolutions presents the principle of social approval. In order to determine the legitimacy of a revolution in the legal sense, the principle of social approval focuses upon the critical significance of succession rules. The normative statement that a legislator has the right to make laws presupposes the existence of the rule, in the social group, under which he has this right. This rule is the succession rule. A revolution occurs when a person usurps power in violation of the existing succession rules. The revolution is lawful if new succession rules given by the usurper enjoy social …

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Felix S. Cohen And His Jurisprudence: Reflections On Federal Indian Law, Stephen M. Feldman Dec 1985

Felix S. Cohen And His Jurisprudence: Reflections On Federal Indian Law, Stephen M. Feldman

Stephen M. Feldman

In 1942, Felix S. Cohen published the Handbook of Federal Indian Law, the first synthesis of that field. At that time, Cohen was renowned as a legal philosopher, a member of the American legal realist movement, and a leading advocate for Native Americans. The primary purpose of this Article is to relate Cohen's realist jurisprudence to the development of federal Indian law. The thesis is that Cohen's jurisprudence profoundly affected his writing of the Handbook, which, in turn, profoundly affected the development of contemporary federal Indian law. The United States Supreme Court has effectively adopted Cohen's realist method for resolving …

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Attempting The Impossible: The Emerging Consensus, Ira P. Robbins Dec 1985

Attempting The Impossible: The Emerging Consensus, Ira P. Robbins

Ira P. Robbins

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …

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Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky Jan 1984

Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky

Martin H. Belsky

A prosecutor is a detective, a litigator, a manager, and a policymaker. He is responsible for investigating illegalities' and is permitted to use specially assigned tools-a grand jury or subpoena-to acquire information and evidence. As a litigator, he is counsel for an artificial client-the government or people-but also the representa- tive of identifiable victims. Moreover, though he functions in an adversary system, he must temper his advocacy and zeal. His goal is not merely to "win," but also to see that "justice is done."

The prosecutor must manage an increasing set of responsibilities in a complex and often arbitrary system, …

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Beyond Good Samaritans And Moral Monsters: An Individualistic Justification Of The General Legal Duty To Rescue, Robert Justin Lipkin Jan 1983

Beyond Good Samaritans And Moral Monsters: An Individualistic Justification Of The General Legal Duty To Rescue, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

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Chinese Encounters, Robert M. Sanger Mar 1981

Chinese Encounters, Robert M. Sanger

Robert M. Sanger

A Review of the book Chinese Encounters by Inge Morath and Arthur Miller. Miller inquired about cultural and legal issues in China as one of the first American intellectuals to be given relatively free access to China since the Mao regime. Inge Morath provided remarkable photographs. The significance was the juxtaposition of Miller's adherence to the Western concept of the Rule of Law with the communitarian values of Chinese culture.

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Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira P. Robbins Dec 1977

Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira P. Robbins

Ira P. Robbins

Nearly thirty years have passed since the publication of Professor Lon L. Fuller's The Case of the Speluncean Explorers, in which a fictional court expounded upon the manifold ways in which certain harsh necessities, externally imposed upon common people, can test the rules of the criminal law. The instant case is not in- tended to parody the Speluncean Explorers, but rather to complement it with the inverse theme: the singular defendant is a psychologically extraordinary individual existing in a relatively mundane environment. The Atheistic Solipsist provides the opportunity for consideration of the ways internal forces of great intensity can shape …

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Diplomatic Immunity-Jurisdiction-Adequacy Of Service By Mail On Foreign Government Agency: Petrol Shipping Corp. V. Kingdom Of Greece, Ministry Of Commerce, Purchase Directorate (2d Cir. 1966), Martin Belsky Jan 1967

Diplomatic Immunity-Jurisdiction-Adequacy Of Service By Mail On Foreign Government Agency: Petrol Shipping Corp. V. Kingdom Of Greece, Ministry Of Commerce, Purchase Directorate (2d Cir. 1966), Martin Belsky

Martin H. Belsky

Casenote: Petrol Shipping Corp. v. Kingdom of Greece, Ministry of Commerce, Purchase Directorate, 360 F.2d 103 (2d Cir. 1966).

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