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Jurisprudence Commons

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1992

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Articles 1 - 30 of 30

Full-Text Articles in Jurisprudence

Subject: Object, Jeanne L. Schroeder Sep 1992

Subject: Object, Jeanne L. Schroeder

University of Miami Law Review

No abstract provided.


The Argument For Judicial Review—And For The Originalist Approach To Judicial Review (The Ben J. Altheimer Lecture), Michael J. Perry Jul 1992

The Argument For Judicial Review—And For The Originalist Approach To Judicial Review (The Ben J. Altheimer Lecture), Michael J. Perry

University of Arkansas at Little Rock Law Review

No abstract provided.


A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr Jun 1992

A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr

Michigan Law Review

To provide some insight into the nature of these disagreements, and to suggest a possible solution to the compensation issue, this article undertakes a critical reexamination of the takings jurisprudence. It focuses on the two bases which the modem Court has articulated as support for its resolution of the compensation issue: (1) the articulated purpose of using the just compensation requirement "to bar Government from forcing some people alone to bear public burdens"; and (2) the early case law. Beginning with the Court's first struggles with the compensation issue in the late nineteenth and early twentieth century, this article ...


Courts And Cultural Distinctiveness, Marie R. Deveney Jun 1992

Courts And Cultural Distinctiveness, Marie R. Deveney

University of Michigan Journal of Law Reform

The claim that minority ethnic and religious groups are culturally distinct from the dominant society is often, either implicitly or explicitly, a key element of demands these groups make to courts and legislatures for accommodation of their needs. In such cases, the decision maker's understanding of what constitutes "cultural distinctiveness" is crucial, for it can strongly influence the outcome of the accommodation question. In this brief Essay related to Peter Welsh's and Joseph Carens's papers and Dean Suagee's remarks delivered at the Preservation of Minority Cultures Symposium, I contrast these panelists' subtle and sophisticated understandings of ...


What Is A Postmodern Constitutionalism?, J. M. Balkin Jun 1992

What Is A Postmodern Constitutionalism?, J. M. Balkin

Michigan Law Review

I begin with a puzzle. It must certainly strike one as odd that the subject of postmodern constitutional law arises at a time when the actual arbiters of the Constitution - the federal judiciary and in particular the Supreme Court of the United States - appear to be more conservative than they have been for many years, and indeed, are likely to remain so for the foreseeable future. Postmodernism is often associated with what is new, innovative, and on the cutting edge of cultural development. Yet if we were to define the elements of a postmodern constitutional culture, it would be clear ...


Justice Barkett's Feminist Jurisprudence, Lanae Holbrook May 1992

Justice Barkett's Feminist Jurisprudence, Lanae Holbrook

University of Miami Law Review

No abstract provided.


The Jurisprudential Cab Ride: A Socratic Dialogue, Daniel A. Farber May 1992

The Jurisprudential Cab Ride: A Socratic Dialogue, Daniel A. Farber

BYU Law Review

No abstract provided.


Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum Apr 1992

Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum

Florida State University Law Review

No abstract provided.


Crime And Punishment In Eighteenth-Century England, William B. Jones Jr. Apr 1992

Crime And Punishment In Eighteenth-Century England, William B. Jones Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


Crime And Punishment In Eighteenth-Century England, William B. Jones Jr. Apr 1992

Crime And Punishment In Eighteenth-Century England, William B. Jones Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells Mar 1992

Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells

Washington and Lee Law Review

No abstract provided.


Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz Mar 1992

Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz

Michigan Law Review

In An Interpretive History of Modem Equal Protection, Michael Klarman poses a powerful challenge to the conventional wisdom regarding the structure of Burger Court jurisprudence. Most commentators have concluded that during the Burger era the Court lacked a coherent vision of constitutional law, and was given to a "rootless" activism or a "pragmatic" approach to constitutional analysis. Klarman argues that, at least in the area of equal protection analysis, the Burger Court's approach did reflect a unifying theme, which he describes as a focus on "legislative inputs." According to Klarman, this approach "directs judicial review towards purging legislative decision-making ...


Remarks On The Process Of Judging, William H. Rehnquist Mar 1992

Remarks On The Process Of Judging, William H. Rehnquist

Washington and Lee Law Review

No abstract provided.


Section 1983 And Implied Rights Of Action: Rights, Remedies, And Realism, Michael A. Mazzuchi Mar 1992

Section 1983 And Implied Rights Of Action: Rights, Remedies, And Realism, Michael A. Mazzuchi

Michigan Law Review

This Note criticizes the Court's current reconciliation of the implied right of action and section 1983 inquiries, and argues that the availability of lawsuits under section 1983 should be the same as under an implied right of action test. Part I, by offering a working definition of rights, suggests an approach to identifying statutorily created rights. Part II discusses the evolution of the Court's implied right of action ' jurisprudence, and explores several explanations for the Court's hesitancy to create implied rights of action. Part III examines the influence of the Court's implied right of action test ...


Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman Mar 1992

Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman

Michigan Law Review

This Note develops a simple set of principles useful for defining navigable waters in a contemporary context. Part I considers why federal admiralty jurisdiction exists, and traces the evolution of the phrase navigable waters as a term of art. Part II analyzes the conflicting contemporary definitions of navigable waters. Part III resolves the conflict by proposing guidelines that address the major concerns of all competing definitions. The system advocated is consistent with the goals of admiralty, constitutionally sound, easy to apply, and focuses attention on the nexus test to resolve the issue of whether particular cases "belong" in admiralty.


Mu'min V. Virginia: The Supreme Court's Failure To Establish Adequate Judicial Procedures To Counter The Prejudicial Effects Of Pretrial Publicity, David Edsey Jan 1992

Mu'min V. Virginia: The Supreme Court's Failure To Establish Adequate Judicial Procedures To Counter The Prejudicial Effects Of Pretrial Publicity, David Edsey

Loyola University Chicago Law Journal

No abstract provided.


Justice Holmes's Philosophy, Sheldon M. Novick Jan 1992

Justice Holmes's Philosophy, Sheldon M. Novick

Washington University Law Review

In my biography of Justice Holmes it seemed proper to let him have his effects. But explanation also has its part to play, if only below decks; so while Holmes lightly touches the helm, we may now trudge down to the engine room and have a look at the machinery.


Frozen Embryos: Towards An Equitable Solution, Mario J. Trespalacios Jan 1992

Frozen Embryos: Towards An Equitable Solution, Mario J. Trespalacios

University of Miami Law Review

No abstract provided.


Gender And Justice, Mary I. Coombs Jan 1992

Gender And Justice, Mary I. Coombs

University of Miami Law Review

No abstract provided.


Managing The Military's Homosexual Exclusion Policy: Text And Subtext, Judith Hicks Stiehm Jan 1992

Managing The Military's Homosexual Exclusion Policy: Text And Subtext, Judith Hicks Stiehm

University of Miami Law Review

No abstract provided.


Unemployment Compensation: Women And Children-The Denials, Elizabeth F. Thompson Jan 1992

Unemployment Compensation: Women And Children-The Denials, Elizabeth F. Thompson

University of Miami Law Review

No abstract provided.


The Neutered Mother, Martha Albertson Fineman Jan 1992

The Neutered Mother, Martha Albertson Fineman

University of Miami Law Review

No abstract provided.


In Praise Of Macho Women: Price Waterhouse V. Hopkins, J. Cindy Eson Jan 1992

In Praise Of Macho Women: Price Waterhouse V. Hopkins, J. Cindy Eson

University of Miami Law Review

No abstract provided.


Victim Impact Evidence, Arbitrariness, And The Death Penalty: The Supreme Court Flipflops In Payne V. Tennessee, Aida Alaka Jan 1992

Victim Impact Evidence, Arbitrariness, And The Death Penalty: The Supreme Court Flipflops In Payne V. Tennessee, Aida Alaka

Loyola University Chicago Law Journal

No abstract provided.


Issues For Men In The 1990s, Michael S. Kimmel Jan 1992

Issues For Men In The 1990s, Michael S. Kimmel

University of Miami Law Review

No abstract provided.


Forced Out Of The Closet: Sexual Orientation And The Legal Dilemma Of "Outing", David H. Pollack Jan 1992

Forced Out Of The Closet: Sexual Orientation And The Legal Dilemma Of "Outing", David H. Pollack

University of Miami Law Review

No abstract provided.


Can Two Real Men Eat Quiche Together? Storytelling, Gender-Role Stereotypes, And Legal Protection For Lesbians And Gay Men, Marc A. Fajer Jan 1992

Can Two Real Men Eat Quiche Together? Storytelling, Gender-Role Stereotypes, And Legal Protection For Lesbians And Gay Men, Marc A. Fajer

University of Miami Law Review

No abstract provided.


Cognitive Restructuring Through Law: A Therapeutic Jurisprudence Approach To Sex Offenders And The Plea Process, Jeffrey A. Klotz, David B. Wexler, Bruce D. Sales, Judith V. Becker Jan 1992

Cognitive Restructuring Through Law: A Therapeutic Jurisprudence Approach To Sex Offenders And The Plea Process, Jeffrey A. Klotz, David B. Wexler, Bruce D. Sales, Judith V. Becker

Seattle University Law Review

At the University of Arizona, we hope to develop a series of studies that will ultimately examine a variety of empirical issues relating to the law and plea process with respect to sex offenders. These studies arise from one particular therapeutic jurisprudence application proposed by David Wexler and Bruce Winick. This Article summarizes the empirical questions raised by Wexler and Winick's theory and suggests how those questions might be empirically analyzed.


Justice, Mental Health, And Therapeutic Jurisprudence, David B. Wexler Jan 1992

Justice, Mental Health, And Therapeutic Jurisprudence, David B. Wexler

Cleveland State Law Review

Mental health law advocates and even scholars have typically been hostile toward, afraid of, or at best indifferent to, the mental health disciplines (mainly psychiatry and psychology) and their practitioners. Learning to be skeptical of supposed scientific expertise is an important lesson, and the law should never simply defer to psychiatry and the related disciplines. But to the extent that the legal system now ignores developments in the mental health disciplines, the lesson of healthy skepticism has been overlearned. It is my thesis, then, that those of us interested in 'justice" in mental health law ought not to adopt the ...


Loitz V. Remington Arms Co.: The Illinois Supreme Court Sets A Tougher Standard For Reviewing Punitive Damage Awards In Products Liability Cases, 25 J. Marshall L. Rev. 427 (1992), Eric P. Loukas Jan 1992

Loitz V. Remington Arms Co.: The Illinois Supreme Court Sets A Tougher Standard For Reviewing Punitive Damage Awards In Products Liability Cases, 25 J. Marshall L. Rev. 427 (1992), Eric P. Loukas

The John Marshall Law Review

No abstract provided.