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Full-Text Articles in Jurisprudence

Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps Dec 2005

Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps

ExpressO

This paper asks two questions connected by the fact that they both stem from the inherent incompleteness of employment contracts: in American law, how can the terms in employment handbooks be variable, but sometimes only within reasonable procedurally fair circumstances; and in English law, why doesn’t the implied term of mutual trust and confidence in employment contracts fall foul of the strict test for implication of terms into contract? This paper finds the answer to both questions in the doctrine of good faith. An analysis of good faith as a “comparative conversation” between academic and judicial debates in the ...


Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham Dec 2005

Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

In this pioneering book, Boston College Law School’s Academic Dean, Lawrence Cunningham, arranges selected contributions of his faculty’s scholarship into a meditation upon justice. The book weaves a combination of theory and practice to articulate moral and ethical values that facilitate rational application of law. It envisions legal arrangements imbued with commitments of the Jesuit tradition, including the dignity of persons, the common good and compassion for the poor. This reflective collection of inquiry evokes a signature motif of the BC Law faculty in dozens of different legal subjects. Materials downloadable from this abstract consist of: Table of ...


The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng Nov 2005

The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

This is a review of the methodology and style of legal research of Oliver Wendell Holmes, Jr., focusing on the ideological and philosophical leanings that informed his scholarship. The review spans selected works of his undergraduate days through his mid-career writings and his representative opinions on the Supreme Judicial Court of the State of Massachusetts and the Supreme Court of the United States.


Adjusting The Rear-View Mirror: Rethinking The Use Of History In Supreme Court Jurisprudence, Mitchell Gordon Sep 2005

Adjusting The Rear-View Mirror: Rethinking The Use Of History In Supreme Court Jurisprudence, Mitchell Gordon

ExpressO

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz Sep 2005

Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz

Washington and Lee Law Review

No abstract provided.


The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett Sep 2005

The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett

Washington and Lee Law Review

No abstract provided.


Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether Sep 2005

Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether

Washington and Lee Law Review

No abstract provided.


Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens Sep 2005

Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens

Washington and Lee Law Review

No abstract provided.


Publishing Dissent, Arthur J. Jacobson Sep 2005

Publishing Dissent, Arthur J. Jacobson

Washington and Lee Law Review

No abstract provided.


Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill Sep 2005

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill

Washington and Lee Law Review

No abstract provided.


Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati Sep 2005

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati

Washington and Lee Law Review

No abstract provided.


Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein Sep 2005

Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein

Washington and Lee Law Review

No abstract provided.


Much Ado About The Tip Of An Iceberg, William M. Richman Sep 2005

Much Ado About The Tip Of An Iceberg, William M. Richman

Washington and Lee Law Review

No abstract provided.


Fourth Circuit Publication Practices, Carl Tobias Sep 2005

Fourth Circuit Publication Practices, Carl Tobias

Washington and Lee Law Review

No abstract provided.


Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy Sep 2005

Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.


A Theory In Search Of A Court, And Itself: Judicial Minimalism At The Supreme Court Bar, Neil S. Siegel Aug 2005

A Theory In Search Of A Court, And Itself: Judicial Minimalism At The Supreme Court Bar, Neil S. Siegel

Michigan Law Review

According to the prevailing wisdom in academic public law, constitutional theory is a field that seeks to articulate and evaluate abstract accounts of the nature of the United States Constitution. Theorists offer those accounts as guides to subsequent judicial construction of constitutional provisions. As typically conceived, therefore, constitutional theory tends to proceed analytically from the general to the particular; its animating idea is that correct decisions in constitutional cases presuppose theoretical commitments to the methodological principles that should guide constitutional interpretation and the substantive values such interpretation should advance. In its enthusiasm for abstraction, constitutional theory has, at times, generated ...


Book Review: Forensic Linguistics, Dru Stevenson Mar 2005

Book Review: Forensic Linguistics, Dru Stevenson

ExpressO

Review of John Gibbons' text "Forensic Linguistics"


Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit Jan 2005

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Nancy Levit

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex ...


Truth Or Consequences In Legal Scholarship?, David R. Barnhizer Jan 2005

Truth Or Consequences In Legal Scholarship?, David R. Barnhizer

Law Faculty Articles and Essays

There has been an erosion of the ideal of truth as a guiding force for what we do. This includes a dishonoring of the tradition of the truth-seeking function of scholars. For the university-based intellectual, including legal scholars, the problem with commitments to ends other than truth-seeking is that once we accept a mission distinct from the pursuit of truth and honest discourse, most of the remaining options are suspect - including falseness, hypocrisy, self-deception, subordination of self to a collective, profit, dogmatism, devotion to tradition, and propaganda.

Although what we intend by the idea of truth - legal, scientific, political and ...


Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha Dec 2004

Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents ...