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Jurisprudence Commons

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Articles 1 - 12 of 12

Full-Text Articles in Jurisprudence

Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger Jan 1990

Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger

The John Marshall Law Review

No abstract provided.


G. Heilman Brewing Co., Inc. V. Joseph Oat Corp.: The Seventh Circuit Approves The Exercise Of Inherent Authority To Increase A District Judge's Pre-Trial Authority Under Rule 16, 23 J. Marshall L. Rev. 517 (1990), Bradley Adas Jan 1990

G. Heilman Brewing Co., Inc. V. Joseph Oat Corp.: The Seventh Circuit Approves The Exercise Of Inherent Authority To Increase A District Judge's Pre-Trial Authority Under Rule 16, 23 J. Marshall L. Rev. 517 (1990), Bradley Adas

The John Marshall Law Review

No abstract provided.


The State Of Unions In America: Chipping Away At The Union Block, 23 J. Marshall L. Rev. 707 (1990), Renee L. Powell Jan 1990

The State Of Unions In America: Chipping Away At The Union Block, 23 J. Marshall L. Rev. 707 (1990), Renee L. Powell

The John Marshall Law Review

No abstract provided.


New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall Jan 1990

New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall

The John Marshall Law Review

No abstract provided.


Accuracy, Efficiency, And Accountability In The Litigation Process – The Case For The Fact Verdict, Mark S. Brodin Jan 1990

Accuracy, Efficiency, And Accountability In The Litigation Process – The Case For The Fact Verdict, Mark S. Brodin

Boston College Law School Faculty Papers

Although the jury trial is regarded as a lynchpin of the American concept of justice, ambivalence about the institution persists, particularly in the context of civil litigation. Some question whether the civil jury is an inefficient anachronism. This article argues that many of the concerns raised about civil juries in general are really concerns about the routine use of the general verdict, an institution that merges the jury’s fact finding function and its role as an applier of law. The article argues that in many instances, replacing a general verdict with a special verdict would allow the jury to ...


Situated Decisionmaking, Catharine P. Wells Jan 1990

Situated Decisionmaking, Catharine P. Wells

Boston College Law School Faculty Papers

The purpose of this Article is to examine the concerns that surround situated judging and the central questions to which they give rise: How can a situated judge render a just decision? On its face, the question appears to be both decisive and unanswerable. Upon deeper examination, however, we can see that the question relies upon a doubtful set of presuppositions about situated decision-making. In the course of this Article, the author seeks to defend the pragmatic analysis of legal decision-making by casting doubt upon these assumptions. Part II develops two contrasting models of normative decision-making that represent the purported ...


The Legal Culture Of The Formative Period In Sherman Act Jurisprudence, William P. Lapiana Jan 1990

The Legal Culture Of The Formative Period In Sherman Act Jurisprudence, William P. Lapiana

Articles & Chapters

No abstract provided.


Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer Jan 1990

Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer

The John Marshall Law Review

No abstract provided.


The Unimportance Of Precedence In The Law Of Federal Courts, Michael L. Wells Jan 1990

The Unimportance Of Precedence In The Law Of Federal Courts, Michael L. Wells

Scholarly Works

Part I of this Article asserts that the Supreme Court pays little attention to precedent in federal courts law. My examples in support of this claim are taken from important areas of federal courts doctrine, where two major upheavals have taken place in the past thirty years. First, the Warren Court rewrote the law to expand access to federal court. then under Chief Justice Burger, the Court undid many of the changes wrought by its predecessor. The discussion in Part I of prominent departures from precedent is not offered as decisive proof that stare decisis is less important in federal ...


Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West Jan 1990

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a ...


The Limits Of A Scientific Jurisprudence: The Supreme Court And Psychology, J. Alexander Tanford Jan 1990

The Limits Of A Scientific Jurisprudence: The Supreme Court And Psychology, J. Alexander Tanford

Indiana Law Journal

No abstract provided.


Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen Jan 1990

Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.