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Articles 1 - 30 of 49
Full-Text Articles in Jurisprudence
Foreword, Kevin Dorse
A Reflection On Epstein And His Critics, Ellen Frankel Paul
A Reflection On Epstein And His Critics, Ellen Frankel Paul
University of Miami Law Review
No abstract provided.
An Outline Of Takings, Richard A. Epstein
An Outline Of Takings, Richard A. Epstein
University of Miami Law Review
No abstract provided.
Takings Of Property And Constitutional Serendipity, Larry Alexander
Takings Of Property And Constitutional Serendipity, Larry Alexander
University of Miami Law Review
No abstract provided.
Proceedings Of The Conference On Takings Of Property And The Constitution
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
The Consequences Of Conceptualism, Margaret Jane Radin
University of Miami Law Review
No abstract provided.
Two Faces Of Liberalism, Cass R. Sunstein
Two Faces Of Liberalism, Cass R. Sunstein
University of Miami Law Review
No abstract provided.
The Malthusian Constitution, Thomas C. Grey
The Malthusian Constitution, Thomas C. Grey
University of Miami Law Review
No abstract provided.
A Last Word On Eminent Domain, Richard A. Epstein
A Last Word On Eminent Domain, Richard A. Epstein
University of Miami Law Review
No abstract provided.
Judicial Notice: An Essay Concerning Human Misunderstanding, E.F. Robert
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 …
The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning
The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning
Washington and Lee Law Review
No abstract provided.
The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard
The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard
Dalhousie Law Journal
This essay is a discussion of the formalization in law of a dichotomy between a natural, private order on the one hand, and a public sphere of state action and citizenship on the other. The discussion takes place in the context of equality rights and of the philosophical tensions that underlie the delineation of rights in general. Two legal phenomena are examined: state action doctrine as it has developed in American equal protection jurisprudence under the Fourteenth Amendment and separate sphere ideology as a rationalization for sexual discrimination. Under each doctrine, judicial denial of relief is predicated on a pre-ordained …
Social Science "Theory" And The Legal Decision-Making Process: A Response To Professor Keith 0. Hawkins, Emory Kimbrough, Jr.
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
The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas
Washington and Lee Law Review
No abstract provided.
Almost An Age Of Justice, Steve Gey
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
Up From Feudalism: Harold Berman On The Canonical Origins Of Western Law (Review Of Berman: Law And Revolution: The Formation Of The Western Legal Tradition. Reviewed By Richard E. Rubenstein, Richard E. Rubenstein
Up From Feudalism: Harold Berman On The Canonical Origins Of Western Law (Review Of Berman: Law And Revolution: The Formation Of The Western Legal Tradition. Reviewed By Richard E. Rubenstein, Richard E. Rubenstein
Antioch Law Journal
No abstract provided.
Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman
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 Changing Course: The Use Of Precedent In The District Of Columbia Circuit, Patricia M. Wald
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 …
Mini In Banc Proceedings: A Survey Of Circuit Practices, Steven Bennett, Christine Pembroke
Mini In Banc Proceedings: A Survey Of Circuit Practices, Steven Bennett, Christine Pembroke
Cleveland State Law Review
In banc review was originally intended to resolve conflicts in circuit precedent. Full-scale in banc proceedings, however, are cumbersome, costly and time-consuming. In determining whether to proceed with in banc review, courts appear to weigh the costs of in banc review against its potential benefits. Employing this calculus, courts often forgo in banc review in conflict cases that would otherwise receive such treatment. One solution to this problem is to reduce the cost and delay of in banc proceedings by streamlining the procedure. Recently, several federal circuit courts of appeals have adopted abbreviated forms of in banc review. The purpose …
The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson
The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson
UIC Law Review
No abstract provided.
Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat
Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat
St. Mary's Law Journal
Abstract Forthcoming.
Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke
Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke
St. Mary's Law Journal
Abstract Forthcoming.
Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen
Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen
St. Mary's Law Journal
Abstract Forthcoming.
Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister
Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister
St. Mary's Law Journal
Abstract Forthcoming.
Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes
Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes
St. Mary's Law Journal
Abstract Forthcoming.
Introduction., Larry Soward
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
St. Mary's Law Journal
A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …
Article 38.071 Of The Texas Code Of Criminal Procedure: A Legislative Response To The Needs Of Children In The Courtroom Comment., Beth Mcallister
Article 38.071 Of The Texas Code Of Criminal Procedure: A Legislative Response To The Needs Of Children In The Courtroom Comment., Beth Mcallister
St. Mary's Law Journal
Abstract Forthcoming.
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
St. Mary's Law Journal
Under a traditional approach of the at-will rule, if an employer hires an employee for an indefinite term then the employer may terminate the employee at will. Modification of the at-will rule has gained widespread support throughout the country. A majority of states now follow the progressive view, which allows the employment manual to become part of the labor contract, thereby obligating employers to abide by manual provisions. The progressive view maintains that an employee’s continued service after an employer issues a manual, constitutes ample consideration to make the document binding. Once a court recognizes the existence of independent consideration, …
Government Nonacquiescence Case In Point: Social Security Litigation
Government Nonacquiescence Case In Point: Social Security Litigation
Touro Law Review
No abstract provided.