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Articles 151 - 172 of 172
Full-Text Articles in Legal History
The Concept Of Function And The Basis Of Regulatory Interests Under Functional Choice-Of-Law Theory: The Significance Of Benefit And The Insignificance Of Intention, Gregory S. Alexander
The Concept Of Function And The Basis Of Regulatory Interests Under Functional Choice-Of-Law Theory: The Significance Of Benefit And The Insignificance Of Intention, Gregory S. Alexander
Cornell Law Faculty Publications
Recent literature and judicial opinions have recognized the need for control and consistency in choice of law. Although the formulation of choice-of-law theory in terms of the states' interests in the conflicting rules at issue has gained wide acceptance, the courts have been unable to agree upon criteria for determining when a state has a valid interest in dispute resolution. Moreover, courts frequently appear all too eager to use contemporary choice-of-law analysis to justify local regulation of multistate disputes despite insubstantial local relationships. The inconsistency and local bias both stem from the lack of a coherent theory for discerning the …
Luther And The Justifiability Of Resistance To Legitimate Authority, Cynthia Grant Bowman
Luther And The Justifiability Of Resistance To Legitimate Authority, Cynthia Grant Bowman
Cornell Law Faculty Publications
No abstract provided.
Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers
Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers
Cornell Law Faculty Publications
The late Lon L. Fuller played an influential role in the development of American jurisprudence, but his views have not always prevailed. In this tribute to the memory of Professor Fuller, Professor Summers outlines the major tenets of what he perceives to be our dominant philosophy of law – “pragmatic instrumentalism” – by way of contrasting that philosophy with the views of Professor Fuller. Professor Summers concludes that these two philosophies differ in many important respects and that our dominant philosophy of law should accommodate, and may indeed already be in the process of accommodating, the thought of Professor Fuller.
Reflections On A Unified Theory Of Motive, Theodore Eisenberg
Reflections On A Unified Theory Of Motive, Theodore Eisenberg
Cornell Law Faculty Publications
No abstract provided.
Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin
Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin
Cornell Law Faculty Publications
In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth …
Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers
Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg
Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg
Cornell Law Faculty Publications
Recent decisions of the Supreme Court have not been kind to those who favor an expansive reading of the equal protection clause. Last Term, in Washington v. Davis, the Court held that the disproportionate impact of governmental action on minority groups is not unconstitutional unless accompanied by proof of intentional discrimination. This Term, in Village of Arlington Heights v. Metropolitan Housing Development Corp., the Court reinforced the intent barrier to the finding of equal protection violations. Mr. Eisenberg argues in this Article that the Washington test is too harsh, and was required neither by practical necessity nor by …
The Development Of The Lutheran Theory Of Resistance: 1523-1530, Cynthia Grant Bowman
The Development Of The Lutheran Theory Of Resistance: 1523-1530, Cynthia Grant Bowman
Cornell Law Faculty Publications
It is frequently assumed, especially by political theorists, that the development of the modern theory of resistance to governmental authority was the accomplishment primarily of Huguenot writers of the late sixteenth century and that it was they who laid the foundations for the more famous seven- teenth-century English theories of a right of revolution. The corollary is that Lutheran writers made little contribution to the development of this theory, if not, indeed, a negative one. Contrary to this fairly common assumption, however, the justification of resistance was a major concern of German Protestants in the early sixteenth century, and I …
Legal Lore - People V. Kief: A Sharp Quillet Of The Law, W. David Curtiss
Legal Lore - People V. Kief: A Sharp Quillet Of The Law, W. David Curtiss
Cornell Law Faculty Publications
No abstract provided.
Evaluating And Improving Legal Processes – A Plea For “Process Values”, Robert S. Summers
Evaluating And Improving Legal Processes – A Plea For “Process Values”, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
The Constitutional History Of The Seventh Amendment, Charles W. Wolfram
The Constitutional History Of The Seventh Amendment, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
The Technique Element In Law, Robert S. Summers
The Technique Element In Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
A Critique Of Professor Fried’S Anatomy Of Values, Robert S. Summers
A Critique Of Professor Fried’S Anatomy Of Values, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
The New Analytical Jurists, Robert S. Summers
The New Analytical Jurists, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Natural Law Demythologized: A Functional Theory Of Norms For A Revolutionary Epoch, E. F. Roberts
Natural Law Demythologized: A Functional Theory Of Norms For A Revolutionary Epoch, E. F. Roberts
Cornell Law Faculty Publications
Jurisprudence can afford us some insight into whether a particular system is functioning effectively. To do this jurisprudes must extrapolate the aims of the society and then evaluate how effectively its legal system functions to structure social activity so that those aims are realized in an orderly fashion. Jurisprudence is seen, therefore, to be a form of time and motion study on a grand scale. Judgments about the ultimate worth of a given society’s aims are excluded from jurisprudence, however, on the ground that such emotionally charged and ethically relative conclusions cannot be proved by any empirically verifiable scale of …
Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Justiciability, Robert S. Summers
Justiciability, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
"Is" And "Ought" In Legal Philosophy, Robert S. Summers
"Is" And "Ought" In Legal Philosophy, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Logic In The Law, Robert S. Summers
Logic In The Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
H.L.A. Hart On Justice, Robert S. Summers
H.L.A. Hart On Justice, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Symbolic Logic And The Law: A Reply To Professors Allen And Tammelo, Robert S. Summers
Symbolic Logic And The Law: A Reply To Professors Allen And Tammelo, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
A Note On Symbolic Logic And The Law, Robert S. Summers
A Note On Symbolic Logic And The Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.