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Jurisprudence Commons

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1986

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Articles 1 - 30 of 45

Full-Text Articles in Jurisprudence

The Influence Of Us Jurisprudence On The Interpretation Of The Canadian Charter Of Rights And Freedoms: An Initial Survey, Jordan D. Cooper Dec 1986

The Influence Of Us Jurisprudence On The Interpretation Of The Canadian Charter Of Rights And Freedoms: An Initial Survey, Jordan D. Cooper

Boston College International and Comparative Law Review

No abstract provided.


Foreword, Kevin Dorse Nov 1986

Foreword, Kevin Dorse

University of Miami Law Review

No abstract provided.


An Outline Of Takings, Richard A. Epstein Nov 1986

An Outline Of Takings, Richard A. Epstein

University of Miami Law Review

No abstract provided.


The Malthusian Constitution, Thomas C. Grey Nov 1986

The Malthusian Constitution, Thomas C. Grey

University of Miami Law Review

No abstract provided.


Proceedings Of The Conference On Takings Of Property And The Constitution Nov 1986

Proceedings Of The Conference On Takings Of Property And The Constitution

University of Miami Law Review

No abstract provided.


The Consequences Of Conceptualism, Margaret Jane Radin Nov 1986

The Consequences Of Conceptualism, Margaret Jane Radin

University of Miami Law Review

No abstract provided.


Two Faces Of Liberalism, Cass R. Sunstein Nov 1986

Two Faces Of Liberalism, Cass R. Sunstein

University of Miami Law Review

No abstract provided.


A Last Word On Eminent Domain, Richard A. Epstein Nov 1986

A Last Word On Eminent Domain, Richard A. Epstein

University of Miami Law Review

No abstract provided.


Takings Of Property And Constitutional Serendipity, Larry Alexander Nov 1986

Takings Of Property And Constitutional Serendipity, Larry Alexander

University of Miami Law Review

No abstract provided.


A Reflection On Epstein And His Critics, Ellen Frankel Paul Nov 1986

A Reflection On Epstein And His Critics, Ellen Frankel Paul

University of Miami Law Review

No abstract provided.


Judicial Notice: An Essay Concerning Human Misunderstanding, E.F. Robert Oct 1986

Judicial Notice: An Essay Concerning Human Misunderstanding, E.F. Robert

Washington Law Review

Articles limning the law pertaining to judicial notice are legion, and the footnotes which have been cite checked by generations of law review editors must number in the thousands. These articles assume that reason, properly employed, produces correct answers. They assume that disagreements can be resolved by reason, because it is self-evident that any problem, once identified, can be solved. Reflected here are the presuppositions of lawyers brought up in the Western legal tradition. What if one were to doubt that reason necessarily governed the behavior of lawyers? What if one doubted as well that all problems were susceptible to ...


Social Science "Theory" And The Legal Decision-Making Process: A Response To Professor Keith 0. Hawkins, Emory Kimbrough, Jr. Sep 1986

Social Science "Theory" And The Legal Decision-Making Process: A Response To Professor Keith 0. Hawkins, Emory Kimbrough, Jr.

Washington and Lee Law Review

No abstract provided.


The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas Sep 1986

The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas

Washington and Lee Law Review

No abstract provided.


The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning Sep 1986

The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning

Washington and Lee Law Review

No abstract provided.


Insight Into Lawyering: Bernard Lonegan's Critical Realism Applied To Jurisprudence, Anthony J. Fejfar Jul 1986

Insight Into Lawyering: Bernard Lonegan's Critical Realism Applied To Jurisprudence, Anthony J. Fejfar

Boston College Law Review

No abstract provided.


Almost An Age Of Justice, Steve Gey Jul 1986

Almost An Age Of Justice, Steve Gey

Florida State University Law Review

THE UNPUBLISHED OPINIONS OF THE WARREN COURT. By Bernard Schwartz. New York: Oxford University Press. 1985. Pp. 470 . $29.95


Legal Opinions In Corporate Transactions: The Opinion That Stock Is Duly Authorized, Validly Issues, Fully Paid And Nonassessable, Scott T. Fitzgibbon, Donald W. Glazer Jul 1986

Legal Opinions In Corporate Transactions: The Opinion That Stock Is Duly Authorized, Validly Issues, Fully Paid And Nonassessable, Scott T. Fitzgibbon, Donald W. Glazer

Boston College Law School Faculty Papers

[Also appears in Opinion Letters of Counsel 1987, 377-412. New York: Practicing Law Institute, 1987.]


Summary Judgment, Motions To Dismiss, And Other Examples Of Equilibrating Tendencies In The Antitrust System, Stephen Calkins Apr 1986

Summary Judgment, Motions To Dismiss, And Other Examples Of Equilibrating Tendencies In The Antitrust System, Stephen Calkins

Law Faculty Research Publications

No abstract provided.


Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman Apr 1986

Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman

Michigan Law Review

A Review of Jurisprudence: A Descriptive and Normative Analysis of Law by Anthony D'Amato


The Moral Dilemma Of Positivism, Anthony D'Amato Jan 1986

The Moral Dilemma Of Positivism, Anthony D'Amato

Faculty Working Papers

I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have ...


Kennan And Human Rights, Gordon A. Christenson Jan 1986

Kennan And Human Rights, Gordon A. Christenson

Faculty Articles and Other Publications

This essay seeks understanding of his view of normative thinking in foreign policy, whether moral or legal, and the implications from the perspective of human rights in an unfriendly world. It criticizes his conceptual presuppositions to gain clarity, posing paradoxes and dilemmas regarding their normative quality within the present structure of international relations.


Attempting The Impossible: The Emerging Consensus, Ira Robbins Jan 1986

Attempting The Impossible: The Emerging Consensus, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective ...


An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal Jan 1986

An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal

Law Faculty Publications

This Article examines the role of police motivation in all facets of fourth amendment jurisprudence and demonstrates that the Court has often considered good faith as one relevant but ill-defined factor in determining substantive aspects of the fourth amendment. The Article concludes that this ambiguous and flexible approach to substantive fourth amendment rights should be utilized when applying the remedy of exclusion.


The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson Jan 1986

The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson

The John Marshall Law Review

No abstract provided.


The Unity Of Law & Morality: A Refutation Of Legal Positivism (Book Review), John H. Robinson Jan 1986

The Unity Of Law & Morality: A Refutation Of Legal Positivism (Book Review), John H. Robinson

Journal Articles

No abstract provided.


Freedom Of Speech As Therapy, Pierre Schlag Jan 1986

Freedom Of Speech As Therapy, Pierre Schlag

Articles

No abstract provided.


Rising Above Principle, Geoffrey C. Hazard Jr. Jan 1986

Rising Above Principle, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank Jan 1986

Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


The Changing Course: The Use Of Precedent In The District Of Columbia Circuit, Patricia M. Wald Jan 1986

The Changing Course: The Use Of Precedent In The District Of Columbia Circuit, Patricia M. Wald

Cleveland State Law Review

An article by my colleague Judge Edwards uses a series of computer runs from the court's 1983 term to make out a statistical case that our members mostly agree with each other and do not fall into predictable "conservative," “liberal," or even "moderate," voting blocs; labels that the press so dearly loves to pin on us. I agree that our votes in a large number of cases, particularly administrative law cases, do not so easily typecast us. I do, however, think that in the high visibility cases, involving controversial social or "moral" issues, our differences in judicial philosophy, on ...


The Judge, Marianne Wesson Jan 1986

The Judge, Marianne Wesson

Articles

No abstract provided.