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Articles 1 - 5 of 5

Full-Text Articles in Jurisprudence

Judging The Judges: Three Opinions, James Boyd White Jan 1990

Judging The Judges: Three Opinions, James Boyd White

Articles

For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …


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.


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 …


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

All Faculty Scholarship

No abstract provided.


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 statute …