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Articles 1 - 8 of 8

Full-Text Articles in Legal History

Liberalism Stumbles In Tennessee, Donald J. Herzog Jan 1998

Liberalism Stumbles In Tennessee, Donald J. Herzog

Reviews

The Scopes trial will never be the same. I mean the trial immortalized in Inherit the Wind,' with its Southerners clutching in vain to their cozy scientific illiteracy and mechanically literal faith in the Bible, its idiotic intolerant Southerners destined to fall to the gale winds of modernity, liberalism, secularism, and skepticism embodied by a heroic ACLU and the inimitable Clarence Darrow. So what if Scopes got convicted? Surely the trial made a laughingstock of everything Tennessee stood for in banning the teaching of evolution from the public schools. And in a touch worthy of a gruesome morality play, William ...


Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed Jan 1998

Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed

The John Marshall Law Review

No abstract provided.


Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan Jan 1998

Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan

The John Marshall Law Review

No abstract provided.


A More Complete Look At Complexity, Jeffrey W. Stempel Jan 1998

A More Complete Look At Complexity, Jeffrey W. Stempel

Scholarly Works

The ability of courts to successfully resolve complex cases has been a matter of contentious debate, not only for the last quarter-century, but for most of the twentieth century. This debate has been part of the legal landscape at least since Judge Jerome Frank's polemic book from which this Symposium derives its title, and probably since Roscoe Pound's famous address to the American Bar Association. During the 1980s and 1990s in particular, the battlelines of the pro-and anti-court debate have been brightly drawn. Some commentators, most reliably successful plaintiffs' counsel and politically liberal academics, defend the judicial track ...


Copyright Opinions And Aesthetic Theory, Alfred C. Yen Jan 1998

Copyright Opinions And Aesthetic Theory, Alfred C. Yen

Boston College Law School Faculty Papers

In this Article the author contends that judges should be conscious of aesthetics when deciding copyright cases. However, given the inherent ambiguity of aesthetics and the supposedly objective rules and principles that govern judicial opinions, courts implicitly assume a sharp divide between aesthetic reasoning and legal reasoning. Additionally, because aesthetic choices by judges could potentially be deemed government censorship, the two are further considered incompatible. The author argues, however, that this distinction is illusory in that a truly open-minded copyright jurisprudence requires explicit awareness of aesthetics. This argument is supported firstly by a description of four major movements from aesthetic ...


Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

Articles

No abstract provided.


An Historical Analysis Of The Binding Nature Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowie Jan 1998

An Historical Analysis Of The Binding Nature Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowie

Faculty Scholarship at Penn Law

No abstract provided.


New England's Experience With Punishing Political Speech During World War I: A Study In Prosecutorial Discretion, Alexis Anderson Dec 1997

New England's Experience With Punishing Political Speech During World War I: A Study In Prosecutorial Discretion, Alexis Anderson

Alexis Anderson

No abstract provided.