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Jurisprudence Commons

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1988

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Articles 1 - 30 of 64

Full-Text Articles in Jurisprudence

Deregulation, Reregulation, And The Myth Of The Market, Edward L. Rubin Sep 1988

Deregulation, Reregulation, And The Myth Of The Market, Edward L. Rubin

Washington and Lee Law Review

No abstract provided.


Sexism, Language, And The Law, Mary Ellen Griffith Sep 1988

Sexism, Language, And The Law, Mary Ellen Griffith

West Virginia Law Review

No abstract provided.


The Myth Of "Reregulation": The Interest Group Dynamics Of Regulatory Change In The Financial Services Industry, Jonathan R. Macey Sep 1988

The Myth Of "Reregulation": The Interest Group Dynamics Of Regulatory Change In The Financial Services Industry, Jonathan R. Macey

Washington and Lee Law Review

No abstract provided.


Introduction: "Plus Ca Change...?", Stephen B. Burbank Jul 1988

Introduction: "Plus Ca Change...?", Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Joint Statement Of Department Of Water Resources Of Arizona, Colorado River Board Of California, And Colorado River Commission Of Nevada On House Bill 2642 Before The Committee On Interior And Insular Affairs House Of Representatives, Myron B. Holbert Jun 1988

Joint Statement Of Department Of Water Resources Of Arizona, Colorado River Board Of California, And Colorado River Commission Of Nevada On House Bill 2642 Before The Committee On Interior And Insular Affairs House Of Representatives, Myron B. Holbert

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

43 pages.


Cooperative Agreements Between Tribes And The States, Bernard P. Becker Jun 1988

Cooperative Agreements Between Tribes And The States, Bernard P. Becker

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

36 pages.


Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash Jun 1988

Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center Jun 1988

Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.

Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements ...


The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams Jun 1988

The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

26 pages.


The Process Of Decision-Making In Tribal Courts, Tom Tso Jun 1988

The Process Of Decision-Making In Tribal Courts, Tom Tso

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


The Balancing Test, Patrick M. Mcfadden May 1988

The Balancing Test, Patrick M. Mcfadden

Boston College Law Review

No abstract provided.


Justice Powell's Constitutional Opinions, George Clemon Freeman, Jr. Mar 1988

Justice Powell's Constitutional Opinions, George Clemon Freeman, Jr.

Washington and Lee Law Review

No abstract provided.


Faith In The Republic: A Frances Lewis Law Center Conversation, Stanley Hauerwas, Sanford Levinson, Mark V. Tushnet Mar 1988

Faith In The Republic: A Frances Lewis Law Center Conversation, Stanley Hauerwas, Sanford Levinson, Mark V. Tushnet

Washington and Lee Law Review

No abstract provided.


Eminent Domain Law, Riparian Doctrine, And Early American Land Settlement: An Evolutionary History Of Vested Property Rights From The Late 18th Through The 19th Century, Scott Beckstead Mar 1988

Eminent Domain Law, Riparian Doctrine, And Early American Land Settlement: An Evolutionary History Of Vested Property Rights From The Late 18th Through The 19th Century, Scott Beckstead

Undergraduate Honors Capstone Projects

This paper is an effort to present a synopsis of the jurisprudence of eminent domain law and riparian doctrine and their place in the history of American property law. Both areas are vast and complicated bodies of law, and both are still undergoing scrutiny and change. We therefore will concentrate on those cases and doctrines that culminated in the eminent domain jurisprudence of the early West. In the context of early American land settlement and development, the paper will define what is known among legal and historical scholars as "takings," expounding on different aspects of that concept. We will examine ...


Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein Jan 1988

Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein

Division II Faculty Publications

The role of political economy in the curriculum of MIT, with special attention to the thought of Francis Amasa Walker.


The Ontological Basis Of Legal Hermeneutics: A Proposed Model Of Inquiry Based On The Work Of Gadamer, Habermas, And Ricoeur, Francis J. Mootz Iii Jan 1988

The Ontological Basis Of Legal Hermeneutics: A Proposed Model Of Inquiry Based On The Work Of Gadamer, Habermas, And Ricoeur, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


The Law Of Contempt In Illinois, Edward R. Burr Jan 1988

The Law Of Contempt In Illinois, Edward R. Burr

Loyola University Chicago Law Journal

No abstract provided.


Judicial Admonishments In Illinois Guilty Plea Proceedings, John F. Decker, John F. Kennedy Jan 1988

Judicial Admonishments In Illinois Guilty Plea Proceedings, John F. Decker, John F. Kennedy

Loyola University Chicago Law Journal

No abstract provided.


Interpreting The Ratifiers' Intent: The Burger Court's Eleventh Amendment Jurisprudence Reconsidered In The Light Of Erie Railroad V. Tompkins, Stephen P. Magowan Jan 1988

Interpreting The Ratifiers' Intent: The Burger Court's Eleventh Amendment Jurisprudence Reconsidered In The Light Of Erie Railroad V. Tompkins, Stephen P. Magowan

Washington University Law Review

No abstract provided.


Voluntary Acts And The Criminal Law: Justifying Culpability Based On The Existence Of Volition, Kevin W. Saunders Jan 1988

Voluntary Acts And The Criminal Law: Justifying Culpability Based On The Existence Of Volition, Kevin W. Saunders

Faculty Publications

No abstract provided.


Precedent And Legal Authority: A Critical History, Charles W. Collier Jan 1988

Precedent And Legal Authority: A Critical History, Charles W. Collier

UF Law Faculty Publications

In this Article, Professor Charles Collier traces out a general theory of precedential authority through historical sources. The Article focuses on three particularly influential views of precedent: Wambaugh's concept of dictum, Oliphant's concept of stare decisis, and Goodhart's concept of ratio decidendi. These views illustrate an underlying tension between two distinct doctrines of precedential authority. The first doctrine, derived from humanistic thought, restricts-legal authority as narrowly as possible to the express terms of an original text. The second doctrine draws on the broad, generalizing tendencies of the empirical sciences and their corresponding conceptions of scientific authority. The ...


The New Ex Parte Communications Rule In Illinois: A Step Forward?, Ann Lousin Jan 1988

The New Ex Parte Communications Rule In Illinois: A Step Forward?, Ann Lousin

Loyola University Chicago Law Journal

No abstract provided.


Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins Jan 1988

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed ...


Rethinking Harmless Constitutional Error, A. Kimberley Dayton Jan 1988

Rethinking Harmless Constitutional Error, A. Kimberley Dayton

Faculty Scholarship

This article examines the increasing role of the Chapman Rule and its effect on the harmless error doctrine and outlines a coherent doctrine of constitutional error responsive to the purposes of the various constitutional protections afforded criminal defendants. Part I evaluates the Court's existing harmless error jurisprudence. Part II proposes a harmless error doctrine that, unlike the Court's approach, responds to constitutional values unrelated to truth determination. The last two parts of the Article address two problems precipitated by the use of outcome-oriented rules to define and remedy constitutional error. Part III discusses when such a rule should ...


The Dialogue Of The Heart And Head, Lynne Henderson Jan 1988

The Dialogue Of The Heart And Head, Lynne Henderson

Scholarly Works

No abstract provided.


The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey Jan 1988

The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey

The John Marshall Law Review

No abstract provided.


Costello V. Capital Cities Communications, Inc.: Illinois' Innocent Construction Rule Prevails Over The Constitutional Privilege For Expression Of Opinion, 21 J. Marshall L. Rev. 427 (1988), Jerald B. Holisky Jan 1988

Costello V. Capital Cities Communications, Inc.: Illinois' Innocent Construction Rule Prevails Over The Constitutional Privilege For Expression Of Opinion, 21 J. Marshall L. Rev. 427 (1988), Jerald B. Holisky

The John Marshall Law Review

No abstract provided.


Edwards V. Aguillard: The Lemon Test Yields Bitter Fruit For Traditional Religious Values, 21 J. Marshall L. Rev. 613 (1988), John R. Russell Jan 1988

Edwards V. Aguillard: The Lemon Test Yields Bitter Fruit For Traditional Religious Values, 21 J. Marshall L. Rev. 613 (1988), John R. Russell

The John Marshall Law Review

No abstract provided.


The Reversal Of Shakman: Is It Also A Return To The Spoils, 21 J. Marshall L. Rev. 681 (1988), Linda Horras Jan 1988

The Reversal Of Shakman: Is It Also A Return To The Spoils, 21 J. Marshall L. Rev. 681 (1988), Linda Horras

The John Marshall Law Review

No abstract provided.


Faith In The Republic: A Frances Lewis Law Center Conversation, Ann Maclean Massie, David K. Millon Jan 1988

Faith In The Republic: A Frances Lewis Law Center Conversation, Ann Maclean Massie, David K. Millon

Scholarly Articles

None available.