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Articles 1 - 30 of 32

Full-Text Articles in Legal History

The Early History Of The Black Lives Matter Movement, And The Implications Thereof, Garrett Chase May 2018

The Early History Of The Black Lives Matter Movement, And The Implications Thereof, Garrett Chase

Nevada Law Journal

No abstract provided.


Juvenile Justice Research To Policy And The Case Of Fines, Alex R. Piquero Mar 2017

Juvenile Justice Research To Policy And The Case Of Fines, Alex R. Piquero

Nevada Law Journal

No abstract provided.


Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim Mar 2017

Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim

Nevada Law Journal

No abstract provided.


The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George Mar 2017

The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George

Nevada Law Journal

No abstract provided.


Making Liquor Immunity Worse: Nevada's Undue Protection Of Commercial Hosts Evicting Vulnerable And Dangerous Patrons, Jeffrey W. Stempel Jun 2014

Making Liquor Immunity Worse: Nevada's Undue Protection Of Commercial Hosts Evicting Vulnerable And Dangerous Patrons, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Symposium: Nevada Law At 150, Jeffrey W. Stempel Jun 2014

Symposium: Nevada Law At 150, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Nevada Public Policy And Higher Education: The Roles Of The Legislature And The Board Of Regents Under The Nevada Constitution, Thomas B. Mcaffee, Justin James Mcaffee Jun 2014

Nevada Public Policy And Higher Education: The Roles Of The Legislature And The Board Of Regents Under The Nevada Constitution, Thomas B. Mcaffee, Justin James Mcaffee

Nevada Law Journal

No abstract provided.


Civil Rulemaking In Nevada: Contemplating A New Advisory Committee, Thomas O. Main Jun 2014

Civil Rulemaking In Nevada: Contemplating A New Advisory Committee, Thomas O. Main

Nevada Law Journal

No abstract provided.


The Anticybersquatting Consumer Protection Act And The Uniform Domain Name Dispute Resolution Policy The First Decade: Looking Back And Adapting Forward, Tenesa S. Scaturro Jul 2011

The Anticybersquatting Consumer Protection Act And The Uniform Domain Name Dispute Resolution Policy The First Decade: Looking Back And Adapting Forward, Tenesa S. Scaturro

Nevada Law Journal

No abstract provided.


Abraham Lincoln As A Legal Writer, Judith D. Fischer Oct 2010

Abraham Lincoln As A Legal Writer, Judith D. Fischer

Nevada Law Journal

No abstract provided.


The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich Jan 2010

The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich

Nevada Law Journal

There is nothing more refreshing than a successful failure. A momentary flaring of flamboyance. A near miss. Fifteen weeks as media monarchs; a good part—a small part—of a decade as a political threat to the order of the academy, if not the stability of the system. The affective bonds and the institutional disruption of youthful and latterly not-so-young dissidents and socialist sympathizers within the law schools definitely had their excitements, their impetus and novelties, and then they grew old, got rejected, disappeared into the shadows, backrooms, and faculty lounges. The various histories assign different figures to the failure ...


The Existential Subject Of Rights And Private Law: The Example Of The Indian Issue In Brazil, Jose Carlos Moreira Da Silva Filho Jan 2010

The Existential Subject Of Rights And Private Law: The Example Of The Indian Issue In Brazil, Jose Carlos Moreira Da Silva Filho

Nevada Law Journal

The issue of the juridical subject has been a topic of discussion as part of the rethinking of the classical jurisprudential concepts in Brazil. In particular, some authors have written about the “repersonalization of private law.” This has opened a promising path of inquiry regarding the legal subject for at least four major reasons. First, continental private law is the classical field to discuss the subject of rights. Second, the focus of private law remains the concept of the person, opening an important space to recover the moral philosophy in law. Third, the repersonalization of private law demonstrates the necessity ...


Constitution, Human Rights And Republic: A Necessary Dialogue Between Gadamer's Philosophical Hermeneutics And Boaventura De Sousa Santos's Diatopic Heremeneutics, Jania Maria Lopes Saldanha, Jose Luis Bolzan De Morais Jan 2010

Constitution, Human Rights And Republic: A Necessary Dialogue Between Gadamer's Philosophical Hermeneutics And Boaventura De Sousa Santos's Diatopic Heremeneutics, Jania Maria Lopes Saldanha, Jose Luis Bolzan De Morais

Nevada Law Journal

When we think about the concept of human rights—including all the possible ways of its realization, and considering the complementarities and also the unity of different dimensions of the concept—we confront several difficult questions. In particular, in an age when constitutions and constitutional doctrine have already incorporated a substantive body of human rights law, we must address how some of the constitutional promises regarding individual rights have not been fulfilled. Additionally, we must consider how rights that foster solidarity in the economic, social, and cultural spheres have not been recognized.

This article operates on two levels. On one ...


Deconstructing The Models Of Judges: Legal Hermeneutics And Beyond The Subject-Object Paradigm, Lenio Luiz Streck Jan 2010

Deconstructing The Models Of Judges: Legal Hermeneutics And Beyond The Subject-Object Paradigm, Lenio Luiz Streck

Nevada Law Journal

The linguistic-ontological turn has brought uncountable consequences to the interpretation of Law. However, dogmatic-legal knowledge remains hostage to a judicial protagonism, a philosophy of consciousness that, together with legal discretion, represent two sides of the same coin. The criticism of judicial discretion is a matter of democracy: decisions must be coherent, assuring the integrity of Law by reinforcing the normative power of the Constitution from which arises the need for correct answers in Law.


Exposing The Contradiction: An Originalist's Approach To Understanding Why Substantive Due Process Is A Constitutional Misinterpretation, Jason A. Crook Jan 2010

Exposing The Contradiction: An Originalist's Approach To Understanding Why Substantive Due Process Is A Constitutional Misinterpretation, Jason A. Crook

Nevada Law Journal

Few phrases in American jurisprudence have created more of a stir or inspired greater controversy than the seventeen words that comprise the due process clause of the Fourteenth Amendment. Drafted by the Reconstruction Congress in the aftermath of the Civil War, these words have been used to strike down maximum-hours legislation, permit the instruction of foreign languages in schools, and even establish the right of minors to purchase contraceptives. In light of its linguistic incongruity and the versatility of its judicial precedents, one could fairly state that the meaning of the Fourteenth Amendment's due process clause has been the ...


Ugly American Hermeneutics, Francis J. Mootz Iii Jan 2010

Ugly American Hermeneutics, Francis J. Mootz Iii

Nevada Law Journal

This article will appear in a Symposium on comparative legal hermeneutics that includes four articles by American scholars and four articles by Brazilian scholars. I argue that the "ugly American" hermeneutics exemplified in Justice Scalia's opinion in District of Columbia v. Heller is unfortunate, even if we supplement Justice Scalia's hermeneutical fantasy with the much more careful and balanced philosophical work by Larry Solum, Keith Whittington and other scholars. Nevertheless, the pragmatic work of interpretation by lawyers and judges in the day-to-day world of legal practice shows a plain-faced integrity of which we Americans can be proud.


Hermeneutics- The Path Of The Hermeneutic-Ontological Shift And The Decolonial Shift, Celso Luiz Ludwig Jan 2010

Hermeneutics- The Path Of The Hermeneutic-Ontological Shift And The Decolonial Shift, Celso Luiz Ludwig

Nevada Law Journal

The purpose of the reflections that follow is to highlight the meaning and importance of the hermeneutic shift produced by the work of Gadamer, to consider some of his themes and categories, and to extend the meaning of this hermeneutic rationality to the legal field in terms of a new conception of interpretation. A second objective is to catch sight of new theoretical perspectives, having as a starting point the unfolding of practical philosophy into hermeneutic philosophy carried out by Gadamer. This article aims at recuperating, among other things, the fundamental hermeneutic problem, so as to obtain a glimpse into ...


Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor Jan 2010

Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor

Nevada Law Journal

It is a common metaphor that the text is a window onto the world that it depicts. I want to explore this metaphor and the insights it may offer us for better understanding legal interpretation. As in the opening epigraph from James Boyd White, I shall develop the metaphor of the text as window in three ways: the text may be transparent, opaque, or translucent. My goal will be to argue that the best way to understand legal interpretation is to conceive of the legal text as translucent, but along the way I will compare the merits also of considering ...


As Time Goes By: Hermeneutics And Originalism, John T. Valauri Jan 2010

As Time Goes By: Hermeneutics And Originalism, John T. Valauri

Nevada Law Journal

What is the continuing relevance of hermeneutics to legal theory in general and to constitutional theory in particular if we are all originalists now? Both seem to be vital despite the decline of interest in hermeneutics recently. This article argues for the continuing relevance of hermeneutics to both fields because of the centrality of issues of application and practical reasoning in both. Law seeks for find the meaning of texts applied over time; legal texts are truly letters of transit. That we are all originalists, yet still have the same sort of interpretive debates we have always had, only indicates ...


Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen Hoerr Jordan Apr 2009

Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen Hoerr Jordan

Nevada Law Journal

No abstract provided.


"All The News That's Fit To Print": The New York Times, "Yellow" Journalism, And The Criminal Trial 1892-1902, Trevor D. Dryer Jan 2008

"All The News That's Fit To Print": The New York Times, "Yellow" Journalism, And The Criminal Trial 1892-1902, Trevor D. Dryer

Nevada Law Journal

No abstract provided.


But What Will They Do Without Unpublished Opinions?: Some Alternatives For Dealing With The Ninth Circuit's Massive Caseload Post F.R.A.P. 32.1, Bryan Wright Sep 2006

But What Will They Do Without Unpublished Opinions?: Some Alternatives For Dealing With The Ninth Circuit's Massive Caseload Post F.R.A.P. 32.1, Bryan Wright

Nevada Law Journal

No abstract provided.


Looking To The Past In Planning For The Future: Does The Modern Estate Tax Fit Within The Ideals Of The Founding Fathers?, Alicia Lerud Jan 2006

Looking To The Past In Planning For The Future: Does The Modern Estate Tax Fit Within The Ideals Of The Founding Fathers?, Alicia Lerud

Nevada Law Journal

No abstract provided.


The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner Jan 2006

The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner

Nevada Law Journal

No abstract provided.


Not-So-Peaceful Coexistence: Inherent Tensions In Addressing Tort Reform, Jeffrey W. Stempel Jan 2004

Not-So-Peaceful Coexistence: Inherent Tensions In Addressing Tort Reform, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


The Law And Politics Of Tort Reform, Center For Democratic Culture At Unlv Jan 2004

The Law And Politics Of Tort Reform, Center For Democratic Culture At Unlv

Nevada Law Journal

No abstract provided.


Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel Jun 2002

Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham Jun 2002

Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham

Nevada Law Journal

No abstract provided.


Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn Jun 2002

Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn

Nevada Law Journal

No abstract provided.


Classic Insurance Law In A Postmodern World, Leo P. Martinez Jun 2002

Classic Insurance Law In A Postmodern World, Leo P. Martinez

Nevada Law Journal

No abstract provided.