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Jurisprudence Commons

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1996

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Institution
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Articles 1 - 30 of 72

Full-Text Articles in Jurisprudence

The Politics Of Postmodern Jurisprudence, Stephen M. Feldman Oct 1996

The Politics Of Postmodern Jurisprudence, Stephen M. Feldman

Michigan Law Review

What is the politics of postmodern jurisprudence? Forms of postmodern interpretivism, including philosophical hermeneutics and deconstruction, assert that we are always and already interpreting. This assertion has provoked numerous scholarly attacks, many of which invoke standard modernist hobgoblins such as textual indeterminacy, solipsism, ethical relativism, and nihilism. From the modernist standpoint, postmodern jurisprudence thus is either conservative or apolitical because it lacks the firm foundations necessary for knowledge and critique. In this article, I argue that these modernist attacks not only are mistaken but that they also obscure the potentially radical political ramifications of postmodern interpretivism. My discussion focuses on …


Computers, Urinals, And The Fourth Amendment: Confessions Of A Patron Saint, Wayne R. Lafave Aug 1996

Computers, Urinals, And The Fourth Amendment: Confessions Of A Patron Saint, Wayne R. Lafave

Michigan Law Review

At least the title indicates that the article is somehow concerned with "the Fourth Amendment," though for anyone who knows me or is at all familiar with my work, that piece of information hardly would come as a revelation. The fact of the matter is that I almost always write about the Fourth Amendment; I am in an academic rut so deep as to deserve recognition in the Guinness Book World of Records. Search and seizure has been my cheval de bataille during my entire time as a law professor and even when I was a mere law student. …


Counter-Revolution In Constitutional Criminal Procedure? Two Audiences, Two Answers, Carol S. Steiker Aug 1996

Counter-Revolution In Constitutional Criminal Procedure? Two Audiences, Two Answers, Carol S. Steiker

Michigan Law Review

For the purposes of my argument, I adapt Professor Meir Dan-Cohen's distinction (which he in turn borrowed from Jeremy Bentham) between "conduct" rules and "decision" rules. Bentham and Dan-Cohen make this distinction in the context of substantive criminal law; for their purposes, "conduct" rules are addressed to the general public in order to guide its behavior (for example, "Let no person steal") and "decision" rules are addressed to public officials in order to guide their decisionmaking about the consequences of violating conduct rules (for example, "Let the judge cause whoever is convicted of stealing to be hanged"). But as any …


The Vital Common Law: Its Role In A Statutory Age, M. Stuart Madden Jul 1996

The Vital Common Law: Its Role In A Statutory Age, M. Stuart Madden

University of Arkansas at Little Rock Law Review

No abstract provided.


The Jury Override: A Blend Of Politics And Death , Scott E. Erlich Jun 1996

The Jury Override: A Blend Of Politics And Death , Scott E. Erlich

American University Law Review

No abstract provided.


Redistributive Justice Cultural Feminism , William J. Turnier, Pamela Johnston Conover, David Lowerr Jun 1996

Redistributive Justice Cultural Feminism , William J. Turnier, Pamela Johnston Conover, David Lowerr

American University Law Review

No abstract provided.


Gossip And Metaphysics: The Personal Turn In Jurisprudential Writing, Michael Ansaldi May 1996

Gossip And Metaphysics: The Personal Turn In Jurisprudential Writing, Michael Ansaldi

Michigan Law Review

A Review of Neil Duxbury, Patterns of American Jurisprudence and John Henry Schlegel American Legal Realism and Empirical Social Science


Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman Apr 1996

Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman

University of Michigan Journal of Law Reform

In this Article, Marc Spindelman examines the relationship between abortion and assisted suicide. He begins his discussion with the constitutional framework within which courts should consider the assertion that the Due Process Clause of the Fourteenth Amendment protects an individual's decision to commit assisted suicide. The Author then considers and, based on relevant Supreme Court doctrine, rejects the conception of personal autonomy that undergirds the claimed constitutional right to assisted suicide. Finally, the Author points out some legal and cultural distinctions between abortion and assisted suicide, arguing that these distinctions offer courts good reasons for holding that the Fourteenth Amendment's …


The Influence Of The Arkansas Supreme Court's Opinions On Policy Made By The General Assembly: A Case Study, Chuck Smith Apr 1996

The Influence Of The Arkansas Supreme Court's Opinions On Policy Made By The General Assembly: A Case Study, Chuck Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


Loss Of Protection As Injury In Fact: An Approach To Establishing Standing To Challenge Environmental Planning Decisions, Miles A. Yanick Apr 1996

Loss Of Protection As Injury In Fact: An Approach To Establishing Standing To Challenge Environmental Planning Decisions, Miles A. Yanick

University of Michigan Journal of Law Reform

As currently interpreted by the United States Supreme Court, Article III of the Constitution creates a significant hurdle for plaintiff citizen groups seeking standing to challenge environmental planning or management decisions. In particular, plaintiffs have had difficulty in making the required showing of an 'injury in fact" where an agency has not yet approved a site-specific action but has approved only a general plan for an area to govern future site-specific actions. The Supreme Court has not articulated a clear rule for standing to challenge the latter type of agency decision making, and the courts of appeals for the various …


Front Matter, United States-Mexico Law Journal Mar 1996

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Masthead, United States-Mexico Law Journal Mar 1996

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Highways And Byways Of Nafta Commercial Law: The Challenge To Develop A Best Practice In North American Trade, Boris Kozolchyk Mar 1996

Highways And Byways Of Nafta Commercial Law: The Challenge To Develop A Best Practice In North American Trade, Boris Kozolchyk

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion: Comments On The Tension Between Trade And Antitrust Laws, Jimmie V. Reyna, Harvey M. Applebaum, Gabriel Castaneda Gallardo, Eleanor M. Fox, John Gero, Terenca P. Stewart, Michael W. Gordon Mar 1996

Panel Discussion: Comments On The Tension Between Trade And Antitrust Laws, Jimmie V. Reyna, Harvey M. Applebaum, Gabriel Castaneda Gallardo, Eleanor M. Fox, John Gero, Terenca P. Stewart, Michael W. Gordon

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Antitrust Enforcement In Mexico 1993-1995 And Its Prospects, Gabriel Castaneda Gallardo Mar 1996

Antitrust Enforcement In Mexico 1993-1995 And Its Prospects, Gabriel Castaneda Gallardo

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The View From North Of The Border: A Canadian Pespective On Trade And Competition Views In North America, John Gero Mar 1996

The View From North Of The Border: A Canadian Pespective On Trade And Competition Views In North America, John Gero

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Harmonization Of Antitrust And Antidumping Laws: An Opportunity For Creative Experimentation In The North American Free Trade Area, Harvey M. Applebaum Mar 1996

Harmonization Of Antitrust And Antidumping Laws: An Opportunity For Creative Experimentation In The North American Free Trade Area, Harvey M. Applebaum

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Some "Heretical" Observations On The Interaction Of U.S. Trade And Competition Laws: A Defense Of U.S. Antidumping And Countervailing Duties, Terence P. Stewart, Timothy C. Brightbill Mar 1996

Some "Heretical" Observations On The Interaction Of U.S. Trade And Competition Laws: A Defense Of U.S. Antidumping And Countervailing Duties, Terence P. Stewart, Timothy C. Brightbill

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion Part 2: The U.S. And Mexican Companies Agree Upon Some Vertical Restraints Of Trade In Their Contract, Eleanor M. Fox, Gabriel Castaneda Gallardo, Harvey M. Applebaum Mar 1996

Panel Discussion Part 2: The U.S. And Mexican Companies Agree Upon Some Vertical Restraints Of Trade In Their Contract, Eleanor M. Fox, Gabriel Castaneda Gallardo, Harvey M. Applebaum

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion Part 1: Establishing An Agency Or Distributorship In Mexico, Boris Kozolchyk, Ignacio Gomez-Palacio, Juan Manuel Trujillo Mar 1996

Panel Discussion Part 1: Establishing An Agency Or Distributorship In Mexico, Boris Kozolchyk, Ignacio Gomez-Palacio, Juan Manuel Trujillo

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion Part 3: Horizontal Restraints Of Trade Between Competitors In Mexico And The United States, Eleanor M. Fox, Gabriel Castaneda Gallardo, Harvey M. Applebaum Mar 1996

Panel Discussion Part 3: Horizontal Restraints Of Trade Between Competitors In Mexico And The United States, Eleanor M. Fox, Gabriel Castaneda Gallardo, Harvey M. Applebaum

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion Part 4: Challenges By Competitors And Governments In Response To Foreign Subsidies, Dumping And Import Surges, Harvey M. Applebaum, Gabriel Castaneda Gallardo, Terence P. Stewart, John Gero Mar 1996

Panel Discussion Part 4: Challenges By Competitors And Governments In Response To Foreign Subsidies, Dumping And Import Surges, Harvey M. Applebaum, Gabriel Castaneda Gallardo, Terence P. Stewart, John Gero

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion Part 5: A Serious Accident Occurs In The Mexican Plant: Problems Of Corporate And Product Liability, Keith Harvey, Ted Occhialino, Boris Kozolchyk, Ignacio Gomez-Palacio Mar 1996

Panel Discussion Part 5: A Serious Accident Occurs In The Mexican Plant: Problems Of Corporate And Product Liability, Keith Harvey, Ted Occhialino, Boris Kozolchyk, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.


International Antitrust Cooperation In Nafta: The International Antitrust Assistance Act Of 1994, Charles Seward Stark Mar 1996

International Antitrust Cooperation In Nafta: The International Antitrust Assistance Act Of 1994, Charles Seward Stark

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Representing Mexican Clients In U.S. Courts In Claims Of Liability In Industrial Accidents, Ted Occhialino Mar 1996

Representing Mexican Clients In U.S. Courts In Claims Of Liability In Industrial Accidents, Ted Occhialino

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Antitrust Laws Of The United States And The Ley De Competencia Of Mexico: A Comparative Review, 1992-1994, Eleanor M. Fox Mar 1996

The Antitrust Laws Of The United States And The Ley De Competencia Of Mexico: A Comparative Review, 1992-1994, Eleanor M. Fox

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu Feb 1996

Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu

American University Law Review

No abstract provided.


Changing America: Three Arguments About Asian Americans And The Law , Frank H. Wu Feb 1996

Changing America: Three Arguments About Asian Americans And The Law , Frank H. Wu

American University Law Review

No abstract provided.


Identity Notes Part One: Playing In The Light , Adrienne D. Davis Feb 1996

Identity Notes Part One: Playing In The Light , Adrienne D. Davis

American University Law Review

No abstract provided.


Judicial Boilerplate Language As Torts Decisional Litany: Four Problem Areas In North Carolina, Charles E. Daye Jan 1996

Judicial Boilerplate Language As Torts Decisional Litany: Four Problem Areas In North Carolina, Charles E. Daye

Campbell Law Review

This article discusses four selected examples from the tort law of North Carolina. These examples isolate instances in which the result of a case might not have warranted the language used or when the language of the cases was picked up and carried forward in subsequent cases without adequate analysis. Perhaps attorneys can point out these problems to the courts, and perhaps the courts might choose to make helpful clarifications.