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Jurisprudence Commons

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Articles 1 - 25 of 25

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.


Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein Mar 1991

Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein

University of Miami Law Review

No abstract provided.


The Hohfeldian Approach To Law And Semiotics, J. M. Balkin May 1990

The Hohfeldian Approach To Law And Semiotics, J. M. Balkin

University of Miami Law Review

No abstract provided.


Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato Jan 1989

Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato

University of Miami Law Review

No abstract provided.


An Outline Of Takings, Richard A. Epstein Nov 1986

An Outline Of Takings, Richard A. Epstein

University of Miami Law Review

No abstract provided.


A Last Word On Eminent Domain, Richard A. Epstein Nov 1986

A Last Word On Eminent Domain, Richard A. Epstein

University of Miami Law Review

No abstract provided.


The Consequences Of Conceptualism, Margaret Jane Radin Nov 1986

The Consequences Of Conceptualism, Margaret Jane Radin

University of Miami Law Review

No abstract provided.


Two Faces Of Liberalism, Cass R. Sunstein Nov 1986

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 Nov 1986

Proceedings Of The Conference On Takings Of Property And The Constitution

University of Miami Law Review

No abstract provided.


Foreword, Kevin Dorse Nov 1986

Foreword, Kevin Dorse

University of Miami Law Review

No abstract provided.


A Reflection On Epstein And His Critics, Ellen Frankel Paul Nov 1986

A Reflection On Epstein And His Critics, Ellen Frankel Paul

University of Miami Law Review

No abstract provided.


The Malthusian Constitution, Thomas C. Grey Nov 1986

The Malthusian Constitution, Thomas C. Grey

University of Miami Law Review

No abstract provided.


Takings Of Property And Constitutional Serendipity, Larry Alexander Nov 1986

Takings Of Property And Constitutional Serendipity, Larry Alexander

University of Miami Law Review

No abstract provided.


Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer Sep 1983

Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.


The Reason Of The Common Law, Barbara A. Singer Sep 1983

The Reason Of The Common Law, Barbara A. Singer

University of Miami Law Review

Although the present meaning of reason has been reduced to discrete definitions, precise interpretations did not exist in medieval England. Rather, reason was defined by its role in the adjudicatory process. During the late medieval period, reason came to embody the very essence of the common law as courts recognized that it could be used to prevent procedural rules from infringing upon substantive rights. Relying upon Year Book cases and jurisprudential works, the author describes how the chameleon-like character of reason helped to shape the medieval English common law.


Vested Seniority Rights: A Conceptual Approach, Francis A. Citera Jul 1982

Vested Seniority Rights: A Conceptual Approach, Francis A. Citera

University of Miami Law Review

Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.


The Language And Logic Of Law: A Case Study, David N. Haynes Jan 1981

The Language And Logic Of Law: A Case Study, David N. Haynes

University of Miami Law Review

Law is a social practice that consists of argument, in large part. This article is a case study of legal argument. The author has undertaken the study in the belief that the forms assumed by legal argument relate to lawyers' conscious or unconscious understanding about what is persuasive in a given legal context. One can articulate these understandings by identifying and describing particular forms of argument and by determining the circumstances in which lawyers use each form. The author examines a set of Supreme Court opinions, using as a guide one of the few contemporary attempts to organize and classify …


The Courts And Social Policy: Substance And Procedure, Henry J. Friendly Nov 1978

The Courts And Social Policy: Substance And Procedure, Henry J. Friendly

University of Miami Law Review

Judge Friendly admits that the courts must address themselves in some instances to issues of social policy. He would prefer, however, that a court rest its decision on an ascertainable jural principle rather than support its decision on the basis of its conception of what is desirable social policy. When courts do rely on social or economic data, they should observe procedural fairness as a goal in its own right and as a tool towards obtaining correct and complete information. When the economic and social data is indeterminate, a court should refuse to base its decision on such information. If …


The Adversary Society: Keynote Address Of The Third Annual Baron De Hirsch Meyer Lecture Series, William H. Rehnquist Nov 1978

The Adversary Society: Keynote Address Of The Third Annual Baron De Hirsch Meyer Lecture Series, William H. Rehnquist

University of Miami Law Review

In recent years litigants have pressed the courts to resolve disputes which were formerly regulated by other social and political institutions. Mr. Justice Rehnquist stresses the crucial importance of nongovernmental institutions in our society. He discusses the need to evaluate the disruptive effect of an adversary proceeding between parties who must continue in an ongoing relationship after their dispute has been settled. The author then suggests that in order to preserve certain social institutions, limits must be placed on the use of adversary proceedings.


Seven Pluralist Fallacies: In Defense Of The Adversary Process-A Reply To Justice Rehnquist, Laurence H. Tribe Nov 1978

Seven Pluralist Fallacies: In Defense Of The Adversary Process-A Reply To Justice Rehnquist, Laurence H. Tribe

University of Miami Law Review

The author analyzes the role of litigation in a pluralistic society through his discussion of the "pluralist's fallacies," seven characteristic errors underlying much opposition to judicial activism. He advocates a large and active role for the adversary process in order to ensure that less established groups have a forum in which to protect their interests.


Beyond Legitimacy, Steven Wisotsky Nov 1978

Beyond Legitimacy, Steven Wisotsky

University of Miami Law Review

The author analyzes the scholarly debate over the legitimacy of the institution of judicial review. He suggests that, as a reaction to unjustified criticism of the institution, defenders of judicial review have articulated propositions which advance constitutional jurisprudence beyond the issue of legitimacy. He argues that the time has come for courts to de-emphasize prudential considerations and to concentrate on the substantive correctness of their decisions and on the standards of review which the courts employ.


Authority And Autonomy: The State, The Individual And The Family, M. David Gelfand Nov 1978

Authority And Autonomy: The State, The Individual And The Family, M. David Gelfand

University of Miami Law Review

This commentary focuses primarily upon the views expressed by Justice Rehnquist in his de Hirsch Meyer lecture. The author argues that a corollary to Justice Rehnquist's view that the judiciary should defer to the authority of private institutions over the individual, to protect those institutions, would be to adopt a judicial attitude of supporting private institutions against legislative interference. An examination of Justice Rehnquist's judicial opinions in the area of constitutional family law reveals exactly the opposite position. The author concludes that Justice Rehnquist's position of judicial deference to legislative decisions over the family may lead to destruction of the …


The Judging Class, Kenneth M. Casebeer Nov 1978

The Judging Class, Kenneth M. Casebeer

University of Miami Law Review

The author traces the common thread running through the analysis of judicial review by the symposium speakers. He posits that while all three speakers support equally activist positions, their allegiance to divergent values and political theories results in their opposed statements on the activist debate. He compares the dialogue in this symposium to that of the Justices in the 1940's, which discourse explicitly was grounded in a struggle over values. The author concludes that courts must structure the form of their opinions in a manner which clearly demonstrates the relationship between the chosen social values and the resulting decision.


The Principle Of The Personality Of Law In The Early Middle Ages: A Chapter In The Evolution Of Western Legal Institutions And Ideas, Simeon L. Guterman Jan 1966

The Principle Of The Personality Of Law In The Early Middle Ages: A Chapter In The Evolution Of Western Legal Institutions And Ideas, Simeon L. Guterman

University of Miami Law Review

No abstract provided.


The Interaction Of Religion, Law, And Politics In Western Society: Its Historical Character And Influence, Simeon L. Guterman Jul 1963

The Interaction Of Religion, Law, And Politics In Western Society: Its Historical Character And Influence, Simeon L. Guterman

University of Miami Law Review

No abstract provided.