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Full-Text Articles in Legal History
Full Faith And Credit And The Equity Conflict, Polly J. Price
Full Faith And Credit And The Equity Conflict, Polly J. Price
Faculty Articles
As this Article relates, the current problem with interstate enforcement of injunctions and other equitable decrees is illustrated by the Court's confusion in Baker. The Court reached the correct result in the case before it, but the basic problems of "equity conflict" remain unresolved. Both the Court's opinion and the two concurrences were unsatisfactory because the Court failed to address the key underlying issue of whether or to what extent courts may rely on state law to enjoin extraterritorial conduct. Had the Court focused on this issue, I argue, it could have based its decision upon a more appealing rationale. …
Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
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No abstract provided.
In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson
In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson
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No abstract provided.
Posner's Economic Approach To Comparative Law, William Ewald
Posner's Economic Approach To Comparative Law, William Ewald
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No abstract provided.
Hart's Methodological Positivism, Stephen R. Perry
Hart's Methodological Positivism, Stephen R. Perry
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No abstract provided.
Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley
Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley
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Present criminal law theory reflects a disagreement over the underlying theory of the justificatory principle, and thus the proper legal formulation of such defenses. At the core of the debate about the principle is the following question. Are justification defenses given because the actor's deed avoids a greater harm, or because she acted for the right reason? The deeds theory of justification justifies conduct that avoids a greater harm, because the conduct is conduct that we would be happy to tolerate under similar circumstances in the future: that is, because the actor has done the right deed. The reasons theory …
Moral Responsibility: A Story, An Argument, And A Vision, Stephen J. Morse
Moral Responsibility: A Story, An Argument, And A Vision, Stephen J. Morse
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No abstract provided.
Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz
Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz
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No abstract provided.