Jurisprudence Commons^™

In Search Of A Role For The Legal System, Fernando E. Agrait

BYU Law Review

No abstract provided.

Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker

BYU Law Review

No abstract provided.

Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz

BYU Law Review

No abstract provided.

Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond

BYU Law Review

No abstract provided.

Legal Method—Deciding The Retroactive Effect Of Overruling Decisions—Lau V. Nelson, 92 Wn. 2d 823, 601 P.2d 527 (1979), Robert B. Fisko

Washington Law Review

On December 21, 1978, the Washington Supreme Court decided in Robberts v. Johnson to overrule the common law gross negligence rule applied in Lau and earlier cases, and to adopt the ordinary negligence rule, followed by a majority of states. Remanding to trial on an ordinary negligence standard, the court gave plaintiff Robberts the retroactive benefit of the new rule, but remained silent on any further retroactive effect of the decision. The principal issue in Lau's second appeal, argued after the filing of the Robberts decision, was whether and to what extent the Robberts overruling decision should be given further …

The Involuntary Public Figure Class Of Gertz V. Robert Welch: Dead Or Merely Dormant?, Dale K. Nichols

University of Michigan Journal of Law Reform

This article does not resolve the debate over involuntary public figures but argues instead that in light of the Court's pronouncements in Firestone, Hutchinson and Walston, the involuntary class should be abolished. Part I briefly traces the evolution and significance of public figure status in defamation law, and reviews various interpretations of the involuntary public figure references in Gertz. Part II examines the status of the involuntary class after Firestone, Hutchinson and Walston, and discusses the extent to which future use of the class remains logically consistent with those decisions. Finally, the article considers the merits of …

Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr.

Indiana Law Journal

No abstract provided.

The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay

Buffalo Law Review

No abstract provided.

The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman

Buffalo Law Review

No abstract provided.

Foreword: The Impact Of Judicial Decision-Making, H. Emory Widener

Washington and Lee Law Review

No abstract provided.

Thomas M. Cooley, Liberal Jurisprudence, And The Law Of Libel, 1868-1884, Norman L. Rosenberg

Seattle University Law Review

During the past two decades, and especially since 1970, there has been a steadily growing interest in American legal history, including the work of nineteenth-century legal figures, including Thomas M.Cooley. Most scholars once dismissed Cooley as a simplistic apologist for laissez faire economics and late nineteenth-century capitalism. Recently, however, legal and constitutional historians have realized that his legal thought was much more complex. In part, this article seeks to extend recent work on Cooley and to examine his ideas and judicial opinions on freedom of expression and the law of libel. Cooley's views about free expression, defamation law, and American …

Finance, Rules And The Indexation Of Brazilian Government Bonds, Mark J. Roe

Vanderbilt Journal of Transnational Law

In roughly a dozen years, Brazil has created a sophisticated multi-billion dollar system of public debt in the midst of an unpredictable inflationary financial climate. During this time the government bonds were initially all indexed against inflation; the obligations were automatically periodically adjusted in accordance with price index changes. However, as shall be seen, the indexation of the bonds was not necessarily the cause of the expansion of the market for public debt.

The legal-economic mechanism of Brazilian indexation is not widely understood in the United States. The method used to calculate the index that provides the basis for readjusting …

The Emergence Of Critical Social Theory In American Jurisprudence: An Introduction To Professor Rosenberg's Perspective, Harlan S. Abrahams

Seattle University Law Review

Norman Rosenberg's treatment of Thomas Cooley, liberal jurisprudence, and the law of libel exemplifies both a difficulty with and an opportunity for traditional law review scholarship. The difficulty arises from the failure of many legal writers to identify and explain the jurisprudential perspectives that define their substantive approach. This problem is particularly acute when, as in Professor Rosenberg's article, the jurisprudential perspective deviates from the mainstream. The opportunity lies in bringing the problem of perspective out of the closet and legitimating its critical treatment as an integral element of all legal scholarship.

Theories Of Professors H.L.A. Hart And Ronald Dworkin - A Critique, John W. Van Doren

Cleveland State Law Review

This article will attempt to summarize the views of Professors Hart and Dworkin and engage in a critical evaluation of their thinking to demonstrate what will be perceived as a disparity between their theories and the way the legal machinery operates today.