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Series

1999

Jurisprudence

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Articles 1 - 30 of 43

Full-Text Articles in Law

A Ray Of Light For Judges Blinded By Science: Triers Of Science And Intellectual Due Process, Erica Beecher-Monas Jul 1999

A Ray Of Light For Judges Blinded By Science: Triers Of Science And Intellectual Due Process, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.


Lex Americana?: United States Legal Assistance, American Legal Models, And Legal Change In The Post-Communist World And Beyond, Jacques Delisle Jul 1999

Lex Americana?: United States Legal Assistance, American Legal Models, And Legal Change In The Post-Communist World And Beyond, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts Jun 1999

The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Is Progressive Constitutionalism Possible?, Robin West Apr 1999

Is Progressive Constitutionalism Possible?, Robin West

Georgetown Law Faculty Publications and Other Works

Progressivism is in part a particular moral and political response to the sadness of lesser lives, lives unnecessarily diminished by economic, psychic and physical insecurity in the midst of a society or world that offers plenty. This insecurity is unjust and should end; the suffering should be alleviated, and those lives should be enriched. To do so must be one of the goals of a morally just or justifiable state. Not all suffering and not all lesser lives, of course, give rise to such a response. The suffering attendant to accident, disease, war and happenstance is neither entirely chargeable to ...


Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner Mar 1999

Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner

All Faculty Scholarship

No abstract provided.


Coercing Privacy, Anita L. Allen Mar 1999

Coercing Privacy, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Review Essay: Positivism, Emergent And Triumphant (Review Of Anthony Sebok, Legal Positivism In American Jurisprudence), Vincent A. Wellman Jan 1999

Review Essay: Positivism, Emergent And Triumphant (Review Of Anthony Sebok, Legal Positivism In American Jurisprudence), Vincent A. Wellman

Law Faculty Research Publications

No abstract provided.


The Medium Is The Mistake: The Law Of Software For The First Amendment, R. Polk Wagner Jan 1999

The Medium Is The Mistake: The Law Of Software For The First Amendment, R. Polk Wagner

Faculty Scholarship at Penn Law

No abstract provided.


Law And Economics Of English Only, William W. Bratton Jan 1999

Law And Economics Of English Only, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


Buckley V. Valeo: A Landmark Of Political Freedom, Joel Gora Jan 1999

Buckley V. Valeo: A Landmark Of Political Freedom, Joel Gora

Faculty Scholarship

No abstract provided.


The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer Jan 1999

The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Social Contract Theory In American Case Law, Anita L. Allen Jan 1999

Social Contract Theory In American Case Law, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz Jan 1999

Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz

Faculty Scholarship at Penn Law

No abstract provided.


Crazy Reasons, Stephen J. Morse Jan 1999

Crazy Reasons, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Threats And Preemptive Practices, Claire Oakes Finkelstein Jan 1999

Threats And Preemptive Practices, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


The Cutting Edge Of Poster Law, Michael A. Heller Jan 1999

The Cutting Edge Of Poster Law, Michael A. Heller

Articles

Students place tens of thousands of posters around law schools each year in staircases, on walls, and on bulletin boards. Rarely, however, do formal disputes about postering arise. Students know how far to go-and go no farther despite numerous avenues for postering deviance: blizzarding, megasigns, commercial or scurrilous signs. What is the history of poster law? What are its norms and rules, privileges and procedures? Is poster law effident? Is it just?


Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White Jan 1999

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Articles

No abstract provided.


No Vehicles In The Park, Pierre Schlag Jan 1999

No Vehicles In The Park, Pierre Schlag

Articles

No abstract provided.


Causes Of Inequality In The International Economic Order: Critical Race Theory And Postcolonial Development, Chantal Thomas Jan 1999

Causes Of Inequality In The International Economic Order: Critical Race Theory And Postcolonial Development, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.


Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen Jan 1999

Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen

Faculty Scholarship at Penn Law

67 Geo. Wash. L. Rev. 1165 (1999).


A Little Theory Is A Dangerous Thing: The Myth Of Adjudicative Retroactivity, Kermit Roosevelt Iii Jan 1999

A Little Theory Is A Dangerous Thing: The Myth Of Adjudicative Retroactivity, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


Deadweight Costs And Intrinsic Wrongs Of Nativism: Economics, Freedom, And Legal Suppression Of Spanish, William W. Bratton, Drucilla L. Cornell Jan 1999

Deadweight Costs And Intrinsic Wrongs Of Nativism: Economics, Freedom, And Legal Suppression Of Spanish, William W. Bratton, Drucilla L. Cornell

Faculty Scholarship at Penn Law

No abstract provided.


On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein Jan 1999

On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Half-Wracked Prejudice Leaped Forth: Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin Jan 1999

Half-Wracked Prejudice Leaped Forth: Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin

Articles & Chapters

Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and prejudice reflect ...


The Jurisprudence Of Appearances, Richard Sherwin Jan 1999

The Jurisprudence Of Appearances, Richard Sherwin

Articles & Chapters

No abstract provided.


"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin Jan 1999

"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin

Articles & Chapters

Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and prejudice reflect ...


Law As Language (Reviewing Peter M. Tiersma, Legal Language (1999)), Francis J. Mootz Iii Jan 1999

Law As Language (Reviewing Peter M. Tiersma, Legal Language (1999)), Francis J. Mootz Iii

Scholarly Works

The jacket of Professor Peter Tiersma’s book Legal Language illustrates the problem inherent in a linguistic study of legal language. The jacket features a legal document in fine print, with an overlay of a magnifying glass that brings some of the indecipherable words into focus. The problem, of course, is that a scholar conducting a linguistic study of language does not have access to a distinct "magnifying glass" that can posit language as an object; he can study language only with language.

Tiersma attempts to avoid the most difficult problems of self-reference that follow from the "interpretive turn" in ...


A Secular Community May Not Execute Its Members, Richard Stith Jan 1999

A Secular Community May Not Execute Its Members, Richard Stith

Law Faculty Publications

The purpose of law is to provide a framework for the fulfillment of everyone in our community. We can disagree, debate, and vote about how much each of us should give of get to reach this goal. But we cannot begin to debate or doubt the wisdom of considering each human being an end rather than only a means. We as a community have problems, but none of us is the problem. Our problems are defined by the goal of universal human flourishing. To call that goal into question is to make coherent public discussion impossible. If people can just ...


Natural Law And The Cultivation Of Legal Rhetoric, Francis J. Mootz Iii Jan 1999

Natural Law And The Cultivation Of Legal Rhetoric, Francis J. Mootz Iii

Scholarly Works

This essay appeared in a book celebrating Lon Fuller's contributions to jurisprudence. In it, Professor Mootz argued that Fuller's conception of secular natural law, designated as an "internal morality of law," lends welcome assistance to the effort to articulate a new direction in legal philosophy. He defended Fuller's natural-law approach from the common misinterpretations that it is either a hollow echo of the natural law tradition or an essentialist conception of law at odds with the legal-realist world that he helped to create with his doctrinal scholarship. By reading his famous, "The Case of the Speluncean Explorers ...


Law In Flux: Philosophical Hermeneutics, Legal Argumentation And The Natural Law Tradition, Francis J. Mootz Iii Jan 1999

Law In Flux: Philosophical Hermeneutics, Legal Argumentation And The Natural Law Tradition, Francis J. Mootz Iii

Scholarly Works

Peter Goodrich describes the plight of contemporary legal theory with concise accuracy: We have abandoned natural law foundations originally constructed in ecclesiastical venues only to find that the project of developing a secular legal language capable of transforming the management of social conflict into questions of technical rationality is doomed to failure. The ascendancy of analytic legal positivism has purchased conceptual rigor at the cost of separating the analysis of legal validity from moral acceptability, but retreat from this stale conceptualism and a return to traditional natural law precepts appears wildly implausible. The irrelevance of the natural law tradition in ...