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1992

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Articles 1 - 30 of 62

Full-Text Articles in Judges

Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive Dec 1992

Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive

Michigan Law Review

This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.


Justice Scalia's Due Process Traditionalism Applied To Territorial Jurisdiction: The Illusion Of Adjudication Without Judgment, Steven R. Greenberger Sep 1992

Justice Scalia's Due Process Traditionalism Applied To Territorial Jurisdiction: The Illusion Of Adjudication Without Judgment, Steven R. Greenberger

Boston College Law Review

No abstract provided.


Section 1: Moot Court: Nixon V. United States, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1992

Section 1: Moot Court: Nixon V. United States, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


L'Esprit De Holmes, Stephen A. Conrad Jul 1992

L'Esprit De Holmes, Stephen A. Conrad

Indiana Law Journal

No abstract provided.


Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg Jul 1992

Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Pity the civil jury, seen by some as the sickest organ of a sick system. Yet the jury has always been controversial. One might suppose that, with so much at stake for so long, we would all know a lot about the ways juries differ from judges in their behavior. In fact, we know remarkably little. This Article provides the first large-scale comparison of plaintiff win rates and recoveries in civil cases tried before juries and judges. In two of the most controversial areas of modern tort law--product liability and medical malpractice--the win rates substantially differ from other cases' win ...


Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay Jul 1992

Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay

Research Collection School Of Law

While the constitutional injunction to independence is general, specific legislative provisions do not directly preclude the overall governance of the Party. In fact, the initial articles of the 1982 Constitution celebrate the 'dignity of the socialist legal system' (Article 5), and as the preamble confirms, the construction and maintenance of Chinese socialism remains under the leadership of the Communist Party of China. Therefore it might be argued that the protection of judicial power from the 'interference by administrative organs, public organisations or individuals' (Article 126) does not envisage the intervention of the Party.


Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom Jun 1992

Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

18 pages.


The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman Jun 1992

The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

9 pages.


Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association Jun 1992

Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

Sponsored by Natural Resources Law Center, University of Colorado School of Law and the Rocky Mountain Ground-Water Conference, organized by the Colorado Ground-Water Association.

Faculty for the conference included University of Colorado School of Law professor Lawrence J. MacDonnell.

Nearly half the people in the United States rely on groundwater as their primary water source. As demands for groundwater grow, it becomes increasingly important for lawyer and technical professionals to understand the legal and hydrologic issues arising in groundwater development, use, and protection. These issues will be the focus of the Center's thirteenth annual summer program, June 15-17, 1992 ...


The Legal Framework For Aquifer Issues, Douglas L. Grant Jun 1992

The Legal Framework For Aquifer Issues, Douglas L. Grant

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

20 pages.

Contains references.


Practical Considerations For Effective Use Of Expert Witnesses And Computer Models In Complex Groundwater Litigation, William A. Paddock Jun 1992

Practical Considerations For Effective Use Of Expert Witnesses And Computer Models In Complex Groundwater Litigation, William A. Paddock

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

14 pages.


The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman May 1992

The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman

Michigan Law Review

A Review of The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes by Liva Baker


The Man In The Mirror, David A. Logan May 1992

The Man In The Mirror, David A. Logan

Michigan Law Review

A Review of Cardozo: A Study in Reputation by Richard A. Posner


Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum Apr 1992

Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum

Florida State University Law Review

No abstract provided.


Clark Memorandum: Spring 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School Apr 1992

Clark Memorandum: Spring 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart Mar 1992

Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.


Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells Mar 1992

Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells

Washington and Lee Law Review

No abstract provided.


Remarks On The Process Of Judging, William H. Rehnquist Mar 1992

Remarks On The Process Of Judging, William H. Rehnquist

Washington and Lee Law Review

No abstract provided.


Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan Mar 1992

Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan

Washington and Lee Law Review

No abstract provided.


The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron Mar 1992

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron

Boston College Law School Faculty Papers

In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state ...


The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron Feb 1992

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron

Charles H. Baron

In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state ...


La Enseñanza De La Ética A Los Abogados, Horacio M. Lynch Jan 1992

La Enseñanza De La Ética A Los Abogados, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.


Liberals And Balancing, Robert F. Nagel Jan 1992

Liberals And Balancing, Robert F. Nagel

Articles

No abstract provided.


Alvin B. Rubin: Man Of The Law, Geoffrey C. Hazard Jr. Jan 1992

Alvin B. Rubin: Man Of The Law, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Writing For Judges, Pierre Schlag Jan 1992

Writing For Judges, Pierre Schlag

Articles

No abstract provided.


Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic?, 37 Vill. L. Rev. 1329 (1992), Donald L. Beschle Jan 1992

Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic?, 37 Vill. L. Rev. 1329 (1992), Donald L. Beschle

Faculty Scholarship

No abstract provided.


Help Wanted - Federal Judges: Judicial Gridlock; Solving An Immediate Problem And Averting A Future Crisis, Victor Williams Jan 1992

Help Wanted - Federal Judges: Judicial Gridlock; Solving An Immediate Problem And Averting A Future Crisis, Victor Williams

Loyola University Chicago Law Journal

No abstract provided.


Subjecting Land Commissioners To The Same Strict Disqualification Standards As Judges Under 28 U.S.C. § 455. United States V. Werner, 916 F.2d 175 (4th Cir. 1990), Paula D. Hunt Jan 1992

Subjecting Land Commissioners To The Same Strict Disqualification Standards As Judges Under 28 U.S.C. § 455. United States V. Werner, 916 F.2d 175 (4th Cir. 1990), Paula D. Hunt

Washington University Law Review

No abstract provided.


The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain Jan 1992

The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain

American University Law Review

No abstract provided.


Justice Holmes's Philosophy, Sheldon M. Novick Jan 1992

Justice Holmes's Philosophy, Sheldon M. Novick

Washington University Law Review

In my biography of Justice Holmes it seemed proper to let him have his effects. But explanation also has its part to play, if only below decks; so while Holmes lightly touches the helm, we may now trudge down to the engine room and have a look at the machinery.