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Articles 1 - 19 of 19

Full-Text Articles in Law

Concurring In Result Without Written Opinion: A Condemnable Practice, Ira P. Robbins Nov 2000

Concurring In Result Without Written Opinion: A Condemnable Practice, Ira P. Robbins

Ira P. Robbins

No abstract provided.


Death Penalty Jurisprudence Under The Anti-Terrorism And Effective Death Penalty Act, Randall Coyne Jun 2000

Death Penalty Jurisprudence Under The Anti-Terrorism And Effective Death Penalty Act, Randall Coyne

Randall Coyne

No abstract provided.


Christians And The Military, Jeffrey C. Tuomala Jun 2000

Christians And The Military, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Biology For Feminists, Katharine K. Baker Feb 2000

Biology For Feminists, Katharine K. Baker

Katharine K. Baker

No abstract provided.


The Impact Of Florida Statute 800.03 On Local Regulation Of Nude Dancing Facilities., Stephen Durden Jan 2000

The Impact Of Florida Statute 800.03 On Local Regulation Of Nude Dancing Facilities., Stephen Durden

Stephen Durden

Local governments throughout the country have enacted adult entertainment codes regulating, among other things, massage parlors, adult movie theaters, adult video stores and adult toy stores. Local governments have not forgotten live performances particularly nude or topless dancing. Regulations throughout the country require facilities to get licenses before they operate; require that the dancers get licenses; regulate the location of these facilities; and regulate their interiors. These regulations are often challenged, with the challenge being based on the First Amendment. The assumption behind all these cases is that the First Amendment protects nude dancing. That assumption is now unassailable but ...


Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit Jan 2000

Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit

Nancy Levit

As kids we called it having to use the old noodle: needing to think real hard about something that was real hard to think about. It was the kind of thinking that would cause your face to get all scrunched up, and if you didn't stop or if someone didn't stop you - it would eventually make your head hurt. The expression came from our families when we figured something out: that's using your old noodle, they'd tell us. The noodle we eventually understood to be our brains, which, we reckon, do look something like noodles, though ...


A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit Jan 2000

A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit

Nancy Levit

Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual minorities ...


Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel Jan 2000

Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel

Jonathan Yovel

This paper attempts to examine the underlying structure of analogical reasoning in decision making. The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making. Following Wittgenstein and Strawson the paper identifies the problem of the contingency of transitivity of analogical relations as a serious impediment to analogical reasoning. It then proceeds to offer a method of translation that delineates the borders of contingency and analyticity of transitivity in such cases, as well as proposes how these borders may be manipulated. The theoretical insight is to treat analogical relations anaphorically, as ...


What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel Jan 2000

What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel

Jonathan Yovel

What is contract law about? One way of looking at it is to conceive of the subject-matter of contract law in terms of promises - just as tort law arguably revolves around the concepts of accident or harm. Much like accidents - first-year law students are taught - promises are out there in the world, to be classified and distinguished so as to privilege some with legal enforceability. There is a language/world of promises, this approach seems to indicate, and a language/world of contracts. It is a main function of contract law to perform translations from the one to the other ...


Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris Dec 1999

Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris

Angela P Harris

No abstract provided.


Oliver Wendell Holmes, Jr., And William James: The Bad Man And The Moral Life, Catharine Wells Dec 1999

Oliver Wendell Holmes, Jr., And William James: The Bad Man And The Moral Life, Catharine Wells

Catharine P. Wells

No abstract provided.


Why Grundnorm? A Treatise On The Implications Of Kelsen's Doctrine, Uta Bindreiter Dec 1999

Why Grundnorm? A Treatise On The Implications Of Kelsen's Doctrine, Uta Bindreiter

Uta Bindreiter

Doctoral dissertation in Legal Theory, Lund University. The dissertation was published in the series Law and Philosophy Library vol. 58 (The Hague-New York: Kluwer Law International, 2002). ISBN: 90-411-1867-5


Why Pragmatism Works For Me, Catharine Wells Dec 1999

Why Pragmatism Works For Me, Catharine Wells

Catharine P. Wells

In this Article the author explores the growth of her interest in pragmatic legal theory. Pragmatism is often portrayed as a kind of black hole in the philosophical universe. It is defined not by the weight of its theories but instead by the counterweight of its anti-theoretical teachings. Whatever the reason, pragmatism's lack of adherents has resulted in a number of misconceptions about its limitations. Among them are: (1) Pragmatism is banal in the sense that it only tells us to continue with our common sense practices (2) Pragmatism is relativistic in that it reduces everything to viewpoint and ...


Gender Violence, Race, And Criminal Justice, Angela P. Harris Dec 1999

Gender Violence, Race, And Criminal Justice, Angela P. Harris

Angela P Harris

No abstract provided.


Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit Dec 1999

Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit

Robert L. Hayman

No abstract provided.


The Perils Of Race And Gender In A World Of Legal Abstraction, Catharine P. Wells Dec 1999

The Perils Of Race And Gender In A World Of Legal Abstraction, Catharine P. Wells

Catharine P. Wells

No abstract provided.


Controle Judicial Das Medidas Provisórias, Ivo T. Gico Dec 1999

Controle Judicial Das Medidas Provisórias, Ivo T. Gico

Ivo Teixeira Gico Jr.

Neste artigo, o autor analisa os pressupostos constitucionais do controle abstrato de medidas provisórias quanto aos seus requisitos de necessidade, utilidade e conveniência de sua edição, confrontando a execução de políticas públicas com as prerrogativas do Estado de Direito.

In this article, the author examines the Provisional Executive Acts abstract constitutional control assumptions in their necessity, utility and convenience editing requirements, confronting the execution of public policies with the State of Law prerogatives.


The Harvest, Louise Harmon Dec 1999

The Harvest, Louise Harmon

Louise Harmon

No abstract provided.


Malexandertalet: Ett Tal - Två Situationer, Matilda Arvidsson Dec 1999

Malexandertalet: Ett Tal - Två Situationer, Matilda Arvidsson

Dr Matilda Arvidsson

In this article the court speech delivered by the "Malexander widow", Anneli Ljungberg, is analysed in terms of Lloyd Bitzers "rhetorical situation" and found to work within two different and simultaneous rhetorical situations. Thus, the article shows how a court speech might break with rhetorical conventions of one rhetorical situation because of the conventions governing the other and simultaneously ongoing rhetorical situation.