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Jurisprudence Commons

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Articles 1 - 13 of 13

Full-Text Articles in Jurisprudence

Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank Jun 1992

Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


From Libertarianism To Egalitarianism, Justin Schwartz Jan 1992

From Libertarianism To Egalitarianism, Justin Schwartz

Justin Schwartz

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough ...


Charles E. Lindblom, Richard Adelstein Jan 1992

Charles E. Lindblom, Richard Adelstein

Division II Faculty Publications

An intellectual biography and review of the work of Charles E. Lindblom.


Continuity And Change Redux: Market And State In American History, Richard Adelstein Jan 1992

Continuity And Change Redux: Market And State In American History, Richard Adelstein

Division II Faculty Publications

A review of Jonathan Hughes, The Government Habit Redux (1991).


State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank Jan 1992

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

Faculty Scholarship at Penn Law

The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional ...


Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales Jan 1992

Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales

Faculty Scholarship at Penn Law

No abstract provided.


The Jurisprudence Of Jane Eyre, Anita L. Allen Jan 1992

The Jurisprudence Of Jane Eyre, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen Jan 1992

Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Public Values And Corporate Fiduciary Law, William W. Bratton Jan 1992

Public Values And Corporate Fiduciary Law, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


Tort Law As A Comparative Institution, Claire Oakes Finkelstein Jan 1992

Tort Law As A Comparative Institution, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz Jan 1992

Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


Charles E. Lindblom, Richard Adelstein Dec 1991

Charles E. Lindblom, Richard Adelstein

Richard Adelstein

An intellectual biography and review of the work of Charles E. Lindblom.


Continuity And Change Redux: Market And State In American History, Richard Adelstein Dec 1991

Continuity And Change Redux: Market And State In American History, Richard Adelstein

Richard Adelstein

A review of Jonathan Hughes, The Government Habit Redux (1991).