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Articles 1 - 29 of 29

Full-Text Articles in Legal History

Unpublished Opinions: A Comment, Richard S. Arnold Jul 1999

Unpublished Opinions: A Comment, Richard S. Arnold

The Journal of Appellate Practice and Process

The Honorable Richard S. Arnold gives a federal appellate judge’s perspective of the unpublished opinions debate.


Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison Jul 1999

Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison

The Journal of Appellate Practice and Process

This article discusses the uncertainty of United States Courts of Appeals jurisdiction over non-final orders.


Appendix: Biographies Of Participants , American University Law Review Apr 1999

Appendix: Biographies Of Participants , American University Law Review

American University Law Review

No abstract provided.


Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review Mar 1999

Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review

American University Law Review

No abstract provided.


Transcript: Welcome Address, American University Law Review Feb 1999

Transcript: Welcome Address, American University Law Review

American University Law Review

No abstract provided.


Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review Feb 1999

Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review

American University Law Review

No abstract provided.


Transcript: Keynote Address , American University Law Review Feb 1999

Transcript: Keynote Address , American University Law Review

American University Law Review

No abstract provided.


Transcript: What Makes The District An Anomaly? , American University Law Review Feb 1999

Transcript: What Makes The District An Anomaly? , American University Law Review

American University Law Review

No abstract provided.


Transcript: The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented? , American University Law Review Feb 1999

Transcript: The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented? , American University Law Review

American University Law Review

No abstract provided.


Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron Jan 1999

Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron

The John Marshall Law Review

No abstract provided.


Law As Language (Reviewing Peter M. Tiersma, Legal Language (1999)), Francis J. Mootz Iii Jan 1999

Law As Language (Reviewing Peter M. Tiersma, Legal Language (1999)), Francis J. Mootz Iii

Scholarly Works

The jacket of Professor Peter Tiersma’s book Legal Language illustrates the problem inherent in a linguistic study of legal language. The jacket features a legal document in fine print, with an overlay of a magnifying glass that brings some of the indecipherable words into focus. The problem, of course, is that a scholar conducting a linguistic study of language does not have access to a distinct "magnifying glass" that can posit language as an object; he can study language only with language.

Tiersma attempts to avoid the most difficult problems of self-reference that follow from the "interpretive turn" in ...


Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White Jan 1999

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Articles

No abstract provided.


On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein Jan 1999

On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner Jan 1999

Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner

The John Marshall Law Review

No abstract provided.


35 U.S.C. 103: From Hotchkiss To Hand To Rich, The Obvious Patent Law Hall-Of-Famers, 32 J. Marshall L. Rev. 437 (1999), George M. Sirilla Jan 1999

35 U.S.C. 103: From Hotchkiss To Hand To Rich, The Obvious Patent Law Hall-Of-Famers, 32 J. Marshall L. Rev. 437 (1999), George M. Sirilla

The John Marshall Law Review

No abstract provided.


What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz Jan 1999

What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz

The John Marshall Law Review

No abstract provided.


Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose Jan 1999

Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose

The John Marshall Law Review

No abstract provided.


Social Contract Theory In American Case Law, Anita L. Allen Jan 1999

Social Contract Theory In American Case Law, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


A Little Theory Is A Dangerous Thing: The Myth Of Adjudicative Retroactivity, Kermit Roosevelt Iii Jan 1999

A Little Theory Is A Dangerous Thing: The Myth Of Adjudicative Retroactivity, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


The Architecture Of Judicial Independence, Stephen B. Burbank Jan 1999

The Architecture Of Judicial Independence, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Licensed To Steal: Has Sovereign Immunity Gone Too Far, 32 J. Marshall L. Rev. 779 (1999), Sulaiman M. Qazi Jan 1999

Licensed To Steal: Has Sovereign Immunity Gone Too Far, 32 J. Marshall L. Rev. 779 (1999), Sulaiman M. Qazi

The John Marshall Law Review

No abstract provided.


When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith Jan 1999

When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith

The John Marshall Law Review

No abstract provided.


Law In Flux: Philosophical Hermeneutics, Legal Argumentation And The Natural Law Tradition, Francis J. Mootz Iii Jan 1999

Law In Flux: Philosophical Hermeneutics, Legal Argumentation And The Natural Law Tradition, Francis J. Mootz Iii

Scholarly Works

Peter Goodrich describes the plight of contemporary legal theory with concise accuracy: We have abandoned natural law foundations originally constructed in ecclesiastical venues only to find that the project of developing a secular legal language capable of transforming the management of social conflict into questions of technical rationality is doomed to failure. The ascendancy of analytic legal positivism has purchased conceptual rigor at the cost of separating the analysis of legal validity from moral acceptability, but retreat from this stale conceptualism and a return to traditional natural law precepts appears wildly implausible. The irrelevance of the natural law tradition in ...


Natural Law And The Cultivation Of Legal Rhetoric, Francis J. Mootz Iii Jan 1999

Natural Law And The Cultivation Of Legal Rhetoric, Francis J. Mootz Iii

Scholarly Works

This essay appeared in a book celebrating Lon Fuller's contributions to jurisprudence. In it, Professor Mootz argued that Fuller's conception of secular natural law, designated as an "internal morality of law," lends welcome assistance to the effort to articulate a new direction in legal philosophy. He defended Fuller's natural-law approach from the common misinterpretations that it is either a hollow echo of the natural law tradition or an essentialist conception of law at odds with the legal-realist world that he helped to create with his doctrinal scholarship. By reading his famous, "The Case of the Speluncean Explorers ...


The Myth Of Choice Of Law: Rethinking Conflicts, Kermit Roosevelt Iii Jan 1999

The Myth Of Choice Of Law: Rethinking Conflicts, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


The New Legal Process: Games People Play And The Quest For Legitimate Judicial Decision Making, Ronald J. Krotoszynski Jr. Jan 1999

The New Legal Process: Games People Play And The Quest For Legitimate Judicial Decision Making, Ronald J. Krotoszynski Jr.

Washington University Law Review

In this Article, I will argue in favor of a new legal process jurisprudence, analogizing the legitimacy of such an approach to the process theory that undergirds the legitimacy of contemporary athletics. In Part I, the Article describes the balkanization of contemporary jurisprudence into increasingly specialized sects. Part II examines the importance of process to contemporary athletic contests and explores the relationship of process to the legitimacy of the outcomes in those contests. In Part III, the Article completes the circle by arguing that the legitimizing effect of process plainly manifested in the context of athletics, whether at the little ...


Understanding The Limits Of Power: Judicial Restraint In General Jurisdiction Court Systems, Justice Philip A. Talmadge Jan 1999

Understanding The Limits Of Power: Judicial Restraint In General Jurisdiction Court Systems, Justice Philip A. Talmadge

Seattle University Law Review

This Article draws on my legislative and judicial background to focus both on the tendency of the courts to exceed their core constitutional role and the implications of such judicial activism. This article contend that modern courts of general jurisdiction are too often embroiled in sociopolitical controversies best left to the political branches of government. Part I addresses the concept of judicial restraint in our constitutional system and the need to define the core powers of the judicial branch of government. Part II discusses principles of judicial restraint in the federal courts. Part III, using the example of Washington State ...


Systems Of Belief In Modern American Law: A View From Century's End, Gerald B. Wetlaufer Jan 1999

Systems Of Belief In Modern American Law: A View From Century's End, Gerald B. Wetlaufer

American University Law Review

No abstract provided.


The Cutting Edge Of Poster Law, Michael A. Heller Jan 1999

The Cutting Edge Of Poster Law, Michael A. Heller

Articles

Students place tens of thousands of posters around law schools each year in staircases, on walls, and on bulletin boards. Rarely, however, do formal disputes about postering arise. Students know how far to go-and go no farther despite numerous avenues for postering deviance: blizzarding, megasigns, commercial or scurrilous signs. What is the history of poster law? What are its norms and rules, privileges and procedures? Is poster law effident? Is it just?