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Articles 1 - 19 of 19
Full-Text Articles in Law
The Legality Of Arbitration Proceedings Before Sports Courts, Marios Papaloukas
The Legality Of Arbitration Proceedings Before Sports Courts, Marios Papaloukas
Marios Papaloukas
This article by Marios Papaloukas is about the legal problems caused by the fact that sports courts are considered as arbitration courts. Is forced arbitration allowed in sports cases?
The Future Of Freud In Law, David Caudill
Old Jurisprudence: Respect In Retrospect , Anita Bernstein
Old Jurisprudence: Respect In Retrospect , Anita Bernstein
Cornell Law Review
No abstract provided.
Progressive Era Race Relations Cases In Their "Traditional" Context, Mark V. Tushnet
Progressive Era Race Relations Cases In Their "Traditional" Context, Mark V. Tushnet
Vanderbilt Law Review
The pioneering African-American historian Rayford Logan called the early years of the Progressive era the "nadir" of race relations in the United States. Historians and political scientists who study the Supreme Court generally agree that Supreme Court decisions are rarely substantially out of line with the kind of sustained national consensus regarding race relations that Logan described. Professors Bernstein and Karman point to popular culture, including the roaring success of D.W. Griffith's epic Birth of a Nation attacking Reconstruction and defending the Ku Klux Klan, and elite opinion such as the flourishing of scientific racism to demonstrate that there was …
Grab Bag Of Principles Or Principled Grab Bag: The Constitutionalization Of Common Law, Samuel C. Kaplan
Grab Bag Of Principles Or Principled Grab Bag: The Constitutionalization Of Common Law, Samuel C. Kaplan
South Carolina Law Review
No abstract provided.
The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla
The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla
William & Mary Law Review
No abstract provided.
Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges
Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges
Law Faculty Publications
This article will first review the Supreme Court's arbitration jurisprudence, concentrating on labor and employment law cases. Next, the article will analyze the cases involving arbitration under collective bargaining agreements decided by the courts of appeals subsequent to Gilmer. The article will then evaluate the two different approaches of the circuit courts in light of the law relating to collective bargaining and union representation. Finally, the article will review alternative methods of protecting employee rights to determine whether unions can preserve employees' statutory rights under the rule of the Fourth Circuit. The article concludes that the Supreme Court should …
Hang On To Your Hats! Terry Into The Twenty-First Century, Eric L. Muller
Hang On To Your Hats! Terry Into The Twenty-First Century, Eric L. Muller
Faculty Publications
No abstract provided.
"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea
"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea
Marquette Intellectual Property Law Review
Focusing on Qualitex v. Jacobs Products, an opinion authored by Supreme Court Justice Breyer that extends trademark protection to colors, the Author examines Justice Breyer's attitude toward intellectual property law, how Justice Breyer's views were extended in Qualitex, and how Justice Breyer's views may affect intellectual property law in the future.
The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger
The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger
Cleveland State Law Review
Only a few legal scholars have attempted to work out what jurisprudence might look like if lawmakers and judges took their religious world-views seriously-and explicitly-in their work, in a way respectful of "the fact of pluralism." My task is to imagine the concrete case: what a judge's jurisprudence might look like if a judge considered the wisdom of his own religious tradition in constitutional cases. This article explores broad jurisprudential themes and specific First Amendment and social welfare opinions of Justice William Rehnquist, who for some years has been a member of a Lutheran congregation, my own denomination. While Justice …
Whitehead's Metaphysics And The Law: A Dialogue, Jay Tidmarsh
Whitehead's Metaphysics And The Law: A Dialogue, Jay Tidmarsh
Journal Articles
The purposes of this Article are to explore the relationship between Alfred North Whitehead's process philosophy and the nature of law, and to develop from that exploration a theory of "process jurisprudence." To some extent, this Article is a process of interpretation and imagination. Whitehead himself devoted little attention to the nature of law. Therefore, rather than attempting to declare definitively the implications of Whitehead's thought for the nature of law, this Article is structured in the form of a dialogue between "Whitehead" and a lawyer whom I have called "Chris." In Part II, as he discusses his system of …
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Jurisprudence Of The Rehnquist Court, Kathleen M. Sullivan
The Jurisprudence Of The Rehnquist Court, Kathleen M. Sullivan
Nova Law Review
Popular discourse about the Supreme Court often seeks to characterize
its direction in political terms. Yet the Rehnquist Court, while it has
undoubtedly turned rightward, has never turned as starkly rightward as
predicted in such accounts,1 even though Presidents Reagan and Bush
between them filled five seats on the current Court.
The Christian Jurisprudence Of Robert E. Rodes Jr., Thomas L. Shaffer
The Christian Jurisprudence Of Robert E. Rodes Jr., Thomas L. Shaffer
Journal Articles
When I had the chance to leave law practice and become a fulltime law teacher, I turned, in the time-honored fashion, for advice from my law teachers. The most memorable and persistent of these—the most cheerful, too, and therefore the most hopeful—was Robert E. Rodes, Jr., then a young (36), transplanted New Yorker, Harvard law graduate, and Boston lawyer. He had already come to flourish, in the Aristotelian sense, in the Midwest—in a Catholic university known more for its football players than for its lawyers.
Rodes told me he had come to teaching and to Notre Dame because he wanted …
The Future Of The World Health Organization: What Role For International Law?, David P. Fidler
The Future Of The World Health Organization: What Role For International Law?, David P. Fidler
Vanderbilt Journal of Transnational Law
This Article has tried to provide a comprehensive analysis of the role of international law in WHO's future. Whether WHO realizes it, international law has had and will continue to have effects on international health policy. In the future, WHO has a choice: It can continue to act as if international law plays no role in global public health or it can build the commitment and capacity needed to integrate international law into its endeavors and into the creation of global health jurisprudence. Building such commitment and capacity will not resurrect WHO to its past glories, but they may very …
Unmet Expectations: Undue Restriction Of The Reasonable Expectations Approach And The Misleading Mythology Of Judicial Role, Jeffrey W. Stempel
Unmet Expectations: Undue Restriction Of The Reasonable Expectations Approach And The Misleading Mythology Of Judicial Role, Jeffrey W. Stempel
Scholarly Works
A complete and open embrace of the pure version of the doctrine as enunciated in Judge Keeton's famous article--which expressly provides for finding coverage consistent with the objectively reasonable expectations of the policyholder even where those expectations are contradicted by apparently clear policy language --is viewed by much of the legal and political mainstream as too inconsistent with the prevailing American paradigm of judicial restraint, strict construction of disputed texts, and minimal government involvement in market activity. Some of this resistance to reasonable expectations is the product of an unrealistic reification of the prevailing American politico-legal philosophy of judicial restraint. …
The Jurisprudence Of John Howard Yoder, Thomas L. Shaffer
The Jurisprudence Of John Howard Yoder, Thomas L. Shaffer
Journal Articles
John Howard Yoder, prophet and theologian, died in his office at Notre Dame on December 30, 1997, the day after his seventieth birthday. Peter Steinfels's obituary in the New York Times of January 7, 1998, described my friend and colleague Yoder as "a Mennonite theologian whose writings on Christianity and politics had a major impact on contemporary Christian thinking about the church and social ethics." Steinfels did not describe Yoder's thought as jurisprudence; neither, for that matter, did Yoder. But there was (and is), throughout Yoder's scholarship, an implicit theology of law, a jurisprudence. A jurisprudence that is particularly noticeable …
Book Review (Reviewing Olufemi Taiwo, Legal Naturalism: A Marxist Theory Of Law (1996), Robert Lipkin
Book Review (Reviewing Olufemi Taiwo, Legal Naturalism: A Marxist Theory Of Law (1996), Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Three Concepts Of Law: The Ambiguous Legacy Of H.L.A. Hart, Brian Slattery
Three Concepts Of Law: The Ambiguous Legacy Of H.L.A. Hart, Brian Slattery
Brian Slattery
No abstract provided.