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Full-Text Articles in Other Law

A Philosophical Basis For Judicial Restraint, Michael Evan Gold Jun 2019

A Philosophical Basis For Judicial Restraint, Michael Evan Gold

Michael Evan Gold

The purpose of this article is to establish a principled basis for restraint of judicial lawmaking. The principle is that all findings of fact, whether of legislative or adjudicative facts, must be based on evidence in the record of a case. This principle is grounded in moral philosophy. I will begin with a discussion of the relevant aspect of moral philosophy, then state and defend the principle, and finally apply it to a line of cases.

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Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan Dec 2015

Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan

Donald J. Kochan

The land one holds is generally only as good as the property rights contained in the deed.
The rights contained in the deed are only as good as the ability to get those rights enforced.
And, the enforcement is only valuable if it recognizes a determinate meaning in the deeds from
the point of conveyance. This Article pens the term “determinacy norm” to explain a collection
of rules for the interpretation of deed terms that aim to make the meaning of deed terms determinate.
I contend that, in order to satisfy the determinacy norm for deed interpretation,
courts must (and …

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Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz Sep 2015

Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz

Daniel M Katz

No abstract provided.

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A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan Dec 2014

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Donald J. Kochan

Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …

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The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan Dec 2013

The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan

Donald J. Kochan

This Article is a first-of-its-kind application of public choice theory to recently developing theories of virtue jurisprudence. Particularly, this Article focuses on not-yet-developed theories of aretaic (or virtue-centered) legislation. This Article speculates what the contours of such theories might be and analyzes the production of such legislation through a public choice lens. Any virtue jurisprudence theory as applied to legislation would likely demand that the proper ends of legislation be deemed as “the promotion of human flourishing” and the same would constitute the test by which we would determine the legitimacy of any legislation. As noble as virtuous behavior, virtuous …

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La Analogía En El Derecho, Juan Carlos Riofrío Martínez-Villalba Dec 2012

La Analogía En El Derecho, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

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Tribute: A Tribute To Justice Harry A. Blackmun: "The Kind Voice Of Friends", William H. Rehnquist, Ruth Bader Ginsburg, William J. Brennan, Jr., Byron R. White, Richard Arnold, A.M. Keith, Paul R. Baier, Allan Gates, Erwin N. Griswold, Edward Lazarus, Norval Morris, Gregg Orwoll, Estelle H. Rogers, Herman Schwartz, Nina Totenberg, Sarah Weddington Oct 2012

Tribute: A Tribute To Justice Harry A. Blackmun: "The Kind Voice Of Friends", William H. Rehnquist, Ruth Bader Ginsburg, William J. Brennan, Jr., Byron R. White, Richard Arnold, A.M. Keith, Paul R. Baier, Allan Gates, Erwin N. Griswold, Edward Lazarus, Norval Morris, Gregg Orwoll, Estelle H. Rogers, Herman Schwartz, Nina Totenberg, Sarah Weddington

Herman Schwartz

No abstract provided.

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A New Public Interest Appellate Model: Public Counsel’S Court-Based Self-Help Clinic And Pro Bono “Triage” For Indigent Pro Se Civil Litigants On Appeal, Meehan Rasch Dec 2010

A New Public Interest Appellate Model: Public Counsel’S Court-Based Self-Help Clinic And Pro Bono “Triage” For Indigent Pro Se Civil Litigants On Appeal, Meehan Rasch

Meehan Rasch

A variety of new “pro se” or “pro bono” appellate programs have been sprouting up around the country in recent years. Courts, bar associations, and legal services and advocacy organizations are implementing these projects to grapple with the challenges raised by increasing numbers of pro se (self-represented) and indigent civil litigants in appellate courts. Judicial operational systems designed on the premise of adequately counseled parties are ill-prepared to handle an influx of self-represented litigants, posing frustrations for both pro se litigants and court personnel. The expansion of pro se litigation strains appellate court resources and staff, but because of the …

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