Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Jurisprudence

Authoritarianism And The Rule Of Law, Lynne Henderson Apr 1991

Authoritarianism And The Rule Of Law, Lynne Henderson

Indiana Law Journal

No abstract provided.


"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers Jan 1991

"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers

Law Faculty Scholarly Articles

Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the ...


Authoritarianism And The Rule Of Law, Lynne Henderson Jan 1991

Authoritarianism And The Rule Of Law, Lynne Henderson

Scholarly Works

No abstract provided.


Privity, Products Liability, And Ucc Warranties: A Retrospect Of And Prospects For Illinois Commercial Code 2-318, 25 J. Marshall L. Rev. 177 (1991), Steven Bonanno Jan 1991

Privity, Products Liability, And Ucc Warranties: A Retrospect Of And Prospects For Illinois Commercial Code 2-318, 25 J. Marshall L. Rev. 177 (1991), Steven Bonanno

The John Marshall Law Review

No abstract provided.


James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris Jan 1991

James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris

The John Marshall Law Review

No abstract provided.


Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen Jan 1991

Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen

The John Marshall Law Review

No abstract provided.


Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks Jan 1991

Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks

The John Marshall Law Review

No abstract provided.


Dealing With Younger Abstention As A Part Of Federal Courts Reform - The Role Of The Vanishing Proposal, George D. Brown Jan 1991

Dealing With Younger Abstention As A Part Of Federal Courts Reform - The Role Of The Vanishing Proposal, George D. Brown

Boston College Law School Faculty Papers

No abstract provided.


Sunlight, Secrets And Scarlet Letters; The Tension Between Privacy And Disclosure In Constitutional Law, Seth F. Kreimer Jan 1991

Sunlight, Secrets And Scarlet Letters; The Tension Between Privacy And Disclosure In Constitutional Law, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch Jan 1991

Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Dealing With Younger Abstention As A Part Of Federal Courts Reform - The Role Of The Vanishing Proposal, George D. Brown Dec 1990

Dealing With Younger Abstention As A Part Of Federal Courts Reform - The Role Of The Vanishing Proposal, George D. Brown

George D. Brown

No abstract provided.