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Articles 1 - 10 of 10
Full-Text Articles in Jurisprudence
Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking
Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking
West Virginia Law Review
No abstract provided.
The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng
UIC Law Review
No abstract provided.
The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson
The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson
Law Faculty Articles and Essays
In interpreting the Constitution the Supreme Court has increasingly referred to The Federalist papers, a series of essays written by Alexander Hamilton, James Madison, and John Jay during the struggle to ratify the Constitution. This article describes in narrative form how the Court has incorporated The Federalist into its opinions, and summarizes how constitutional historians and political scientists have evaluated The Federalist and the Constitution. This format highlights the limited nature of the Court's historical inquiry by demonstrating that the Court and constitutional scholars have been traveling in parallel universes. Either the Court has ignored or been unaware of the …
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Book Review, Pierre Schlag
Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson
Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson
All Faculty Scholarship
One widely-stated goal of criminal law theory is to create the set of rules that best implements our collective sense of justice. To reach this goal, the theorist continuously adjusts his theory so that it generates rules that better reflect our fundamental notions of justice. These rules, moreover, must function as workable doctrine, which in the context of criminal law means precise statutory provisions. It is this process of theoretical refinement and translation that is the topic of this article. Can good theory generate results that approximate our collective sense of justice? Can the theoretical refinements be translated into workable …
Rules And Standards, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Publications
No abstract provided.
From Sovereignty To Process: The Jurisprudence Of Federalism After Garcia, Andrzej Rapaczynski
From Sovereignty To Process: The Jurisprudence Of Federalism After Garcia, Andrzej Rapaczynski
Faculty Scholarship
On February 19, 1985, the Supreme Court, in Garcia v. San Antonio Metropolitan Transit Authority, overruled its 1976 decision in National League of Cities v. Usery. Although the continued vitality of National League of Cities had been in question in recent years, the Court's abrupt repudiation of the very principle announced in that case is an event of considerable significance, beyond showing, one more time, that the rule of stare decisis has a limited application in the Court's modern constitutional adjudication. Garcia's importance lies, above all, in revealing the absence of anything approaching a well elaborated theory of federalism that …
The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein
The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein
Richard Adelstein
A theory of intellectual goods as distinct from public or private goods, and the rationale for copyright that flows from it.