Jurisprudence Commons^™

An Outline Of Takings, Richard A. Epstein

University of Miami Law Review

No abstract provided.

A Last Word On Eminent Domain, Richard A. Epstein

University of Miami Law Review

No abstract provided.

The Consequences Of Conceptualism, Margaret Jane Radin

University of Miami Law Review

No abstract provided.

Two Faces Of Liberalism, Cass R. Sunstein

University of Miami Law Review

No abstract provided.

Proceedings Of The Conference On Takings Of Property And The Constitution

University of Miami Law Review

No abstract provided.

Foreword, Kevin Dorse

University of Miami Law Review

No abstract provided.

A Reflection On Epstein And His Critics, Ellen Frankel Paul

University of Miami Law Review

No abstract provided.

The Malthusian Constitution, Thomas C. Grey

University of Miami Law Review

No abstract provided.

Takings Of Property And Constitutional Serendipity, Larry Alexander

University of Miami Law Review

No abstract provided.

The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard

Dalhousie Law Journal

This essay is a discussion of the formalization in law of a dichotomy between a natural, private order on the one hand, and a public sphere of state action and citizenship on the other. The discussion takes place in the context of equality rights and of the philosophical tensions that underlie the delineation of rights in general. Two legal phenomena are examined: state action doctrine as it has developed in American equal protection jurisprudence under the Fourteenth Amendment and separate sphere ideology as a rationalization for sexual discrimination. Under each doctrine, judicial denial of relief is predicated on a pre-ordained …

The Moral Dilemma Of Positivism, Anthony D'Amato

Faculty Working Papers

I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have …

An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal

Law Faculty Publications

This Article examines the role of police motivation in all facets of fourth amendment jurisprudence and demonstrates that the Court has often considered good faith as one relevant but ill-defined factor in determining substantive aspects of the fourth amendment. The Article concludes that this ambiguous and flexible approach to substantive fourth amendment rights should be utilized when applying the remedy of exclusion.

Attempting The Impossible: The Emerging Consensus, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …

Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen

Articles by Maurer Faculty

In this Article, Professor Gjerdingen argues that the current crisis in legal scholarship can be traced to a change in the dominant concept of American law. He argues that virtually all of the significant schools of American legal thought during the last century, from Langdellian orthodoxy to realism to the legal process school, were dominated by a concept of law that separated law and politics. This concept of law, which he terms "conventionalism," presumed that law was an autonomous, apolitical discipline dominated by the study of adjudication and classical common law categories. In contrast, the new legal scholarship of the …

Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper

Articles

I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.

Attempting The Impossible: The Emerging Consensus, Ira P. Robbins

Ira P. Robbins