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- Adam J. MacLeod (1)
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- Vested private rights doctrine (1)
Articles 1 - 3 of 3
Full-Text Articles in Jurisprudence
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod
Faculty Articles
The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligations upon private persons and government officials, such that once vested, the rights cannot be taken away or retrospectively altered. Lawyers convey estates in property, negotiate contracts, and write and send demand letters on the supposition that they are specifying and vindicating rights, which are rights not as a result of a judgment by a court in a subsequent …
Erie Step Zero, Alexander A. Reinert
Erie Step Zero, Alexander A. Reinert
Faculty Articles
Courts and commentators have assumed that the Erie doctrine, while originating in diversity cases, applies in all cases whatever the basis for federal jurisdiction. Thus, when a federal court asserts jurisdiction over pendent state law claims through the exercise of supplemental jurisdiction in a federal question case, courts regularly apply the Erie doctrine to resolve conflict between federal and state law. This Article shows why this common wisdom is wrong.
To understand why, it is necessary to return to Erie’s goals, elaborated over time by the U.S. Supreme Court. Erie and its progeny are steeped in diversity-driven policy concerns: concerns …
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
Faculty Articles
Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …