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Articles 31 - 60 of 129
Full-Text Articles in Law
Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson
Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson
Faculty Articles and Other Publications
Those of us in legal education and in the profession of law are in debt to the Law Review for publishing in this issue the last work of the late Professor Irvin Rutter, Law, Language, and Thinking Like a Lawyer.
On the occasion of Irvin Rutter's retirement in 1980, I briefly summarized these earlier contributions, locating them within the legal realist tradition, and we awaited the publication of his last work, then still in draft not quite satisfactory to Professor Rutter. In this essay, I situate his final work on teaching law in the pragmatist tradition with special emphasis on …
Forced Out Of The Closet: Sexual Orientation And The Legal Dilemma Of "Outing", David H. Pollack
Forced Out Of The Closet: Sexual Orientation And The Legal Dilemma Of "Outing", David H. Pollack
University of Miami Law Review
No abstract provided.
Gender And Justice, Mary I. Coombs
Gender And Justice, Mary I. Coombs
University of Miami Law Review
No abstract provided.
Unemployment Compensation: Women And Children-The Denials, Elizabeth F. Thompson
Unemployment Compensation: Women And Children-The Denials, Elizabeth F. Thompson
University of Miami Law Review
No abstract provided.
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
Faculty Publications
Professor Baker weighs in on a new trend of allowing expert opinion on the status of the law. He begins with a brief history of lay and expert opinion testimony and continues with an analysis of Rule 702 of the Federal Rules of Evidence before concluding that expert opinion on the law simply has no place in federal practice.
Victim Impact Evidence, Arbitrariness, And The Death Penalty: The Supreme Court Flipflops In Payne V. Tennessee, Aida Alaka
Loyola University Chicago Law Journal
No abstract provided.
Book Review —Rewriting The History Of The Judiciary Act Of 1789: Exposing Myths,Challenging Premises And Using New Evidence, Roger J. Miner '56
Book Review —Rewriting The History Of The Judiciary Act Of 1789: Exposing Myths,Challenging Premises And Using New Evidence, Roger J. Miner '56
Book Reviews
No abstract provided.
The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer
The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz
Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Managing The Military's Homosexual Exclusion Policy: Text And Subtext, Judith Hicks Stiehm
Managing The Military's Homosexual Exclusion Policy: Text And Subtext, Judith Hicks Stiehm
University of Miami Law Review
No abstract provided.
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
Current legal debates on the Charter of Rights and Freedoms in Canada have focused on the apparent shift in the location of power from elected representatives to the judiciary since 1982. In this paper, I take an historical perspective on that issue. I will explore the relationship of political power, as exercised by the judiciary through the interpretation of legislation, with concepts of parliamentary supremacy in Saskatchewan during the fist half of this century.
The paper first describes the political character of the judiciary in Saskatchewan from 1905 until 1941, and then describes the political movements which gave rise to …
From Libertarianism To Egalitarianism, Justin Schwartz
From Libertarianism To Egalitarianism, Justin Schwartz
Justin Schwartz
A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough …
Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen F. Ross
Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen F. Ross
Journal Articles
The purpose of this paper is to explore what, if anything, Congress should do about the canons of statutory construction to prevent judges who are more conservative (or perhaps, in a future era, more progressive) than the majority of the legislature from employing those canons to distort or frustrate legislative policy preferences.
The Questions Of Authority, Frederick Schauer
The Questions Of Authority, Frederick Schauer
Philip A. Hart Memorial Lecture
In 1992, Professor, Frederick Schauer of Harvard University, delivered the Georgetown Law Center’s twelfth Annual Philip A. Hart Memorial Lecture: "Two Cheers for Authority: Should Officials Obey the Law?."
Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. Previously he served for 18 years as Frank Stanton Professor of the First Amendment at the John F. Kennedy School of Government, Harvard University, where he has served as academic dean and acting dean, and before that was a Professor of Law at the University of Michigan. He is the author of The Law …
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Scholarly Articles
None available.
Objectivity And Democracy, David K. Millon
Objectivity And Democracy, David K. Millon
Scholarly Articles
As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive "language-game" …
Fighting With Angry Women: A Response To Lasson, John A. Siliciano
Fighting With Angry Women: A Response To Lasson, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Mu'min V. Virginia: The Supreme Court's Failure To Establish Adequate Judicial Procedures To Counter The Prejudicial Effects Of Pretrial Publicity, David Edsey
Loyola University Chicago Law Journal
No abstract provided.
Freedom Of Speech And The Press
A Meditation On The Theoretics Of Practice, Robert Dinerstein
A Meditation On The Theoretics Of Practice, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Contract, Tort, And Individual Responsibility: An Analytic Framework, Joseph R. Grodin
Contract, Tort, And Individual Responsibility: An Analytic Framework, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Ineffective Assistance Of Counsel
A Mirror For The Magistrate, Paul Campos
Writing For Judges, Pierre Schlag
Frozen Embryos: Towards An Equitable Solution, Mario J. Trespalacios
Frozen Embryos: Towards An Equitable Solution, Mario J. Trespalacios
University of Miami Law Review
No abstract provided.
The Neutered Mother, Martha Albertson Fineman
The Neutered Mother, Martha Albertson Fineman
University of Miami Law Review
No abstract provided.
Issues For Men In The 1990s, Michael S. Kimmel
Issues For Men In The 1990s, Michael S. Kimmel
University of Miami Law Review
No abstract provided.
In Praise Of Macho Women: Price Waterhouse V. Hopkins, J. Cindy Eson
In Praise Of Macho Women: Price Waterhouse V. Hopkins, J. Cindy Eson
University of Miami Law Review
No abstract provided.