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Articles 1 - 4 of 4

Full-Text Articles in Jurisprudence

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 …


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 on its jurisprudence …


Trial By Jury Jan 1992

Trial By Jury

Touro Law Review

No abstract provided.


Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn Jan 1992

Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn

St. Mary's Law Journal

In Texas, worries of judicial overproduction have persisted throughout the twentieth century. Although the Texas Supreme Court began to use per curiam opinions more frequently around 1925, the flood continues. Texas now has more courts and judges than ever before, and history offers no reason to expect retrenchment. The present scheme in Texas creates two classes of judicial opinions, published and unpublished. Unpublished opinions are not supposed to count for purposes of stare decisis, while published opinions do. Texas Appellate Rule 90 regulates the issuance of opinions from the courts of appeals. Part (a) requires intermediate courts to issue written …