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Articles 1 - 18 of 18

Full-Text Articles in Law

Interpreting Codes, Bruce W. Frier Aug 1991

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 May 1991

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 Apr 1991

What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl

Indiana Law Journal

No abstract provided.


The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides Mar 1991

The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides

Washington and Lee Law Review

No abstract provided.


On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer Mar 1991

On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer

Washington and Lee Law Review

No abstract provided.


Soifer's Vision And Three Questions About Images, Milner S. Ball Mar 1991

Soifer's Vision And Three Questions About Images, Milner S. Ball

Washington and Lee Law Review

No abstract provided.


Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir Mar 1991

Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir

Washington and Lee Law Review

No abstract provided.


Groups In Perspectives, Carol Weisbrod Mar 1991

Groups In Perspectives, Carol Weisbrod

Washington and Lee Law Review

No abstract provided.


Faith In Secular Religion: A Brief Reply, Aviam Soifer Mar 1991

Faith In Secular Religion: A Brief Reply, 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 Feb 1991

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 Jan 1991

The First Amendment, Burt Neuborne

Touro Law Review

No abstract provided.


The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula Jan 1991

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.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


On The Road Of Good Intentions: Justice Brennan And The Religion Clauses, Michael S. Ariens Jan 1991

On The Road Of Good Intentions: Justice Brennan And The Religion Clauses, Michael S. Ariens

Faculty Articles

Associate Supreme Court Justice William J. Brennan took the oath of office on October 16, 1956. At the time of Justice Brennan’s appointment to the Supreme Court, the Court had decided only a few cases involving the religion clauses of the first amendment, and judicial interpretation of the religion clauses had been sparing.

In the thirty-four years of Justice Brennan’s tenure, the Court worked several revolutions in religion clause jurisprudence—revolutions guided by a sense of the needs of a changing society. Justice Brennan was one of several architects of a new order in establishment clause interpretation, and was the architect …


Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re Jan 1991

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 …


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel Jan 1991

Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel

Scholarly Works

The Federal Arbitration Act (the Act), seeks to eliminate centuries of perceived judicial hostility toward arbitration agreements. The Act made written arbitration agreements involving interstate commerce specifically enforceable. It also provided a procedural structure for enforcing awards, which were protected through deferential judicial review. The Act intended to have a wide reach, employing a broad definition of commerce that has presumably grown in breadth along with the expansion of judicial notions of commerce. Although courts applied the Act in tentative and cautious fashion until the 1960's, arbitration gained momentum during the 1970's and the 1980's. Despite growing judicial enthusiasm for …


Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter Jan 1991

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.