On The Connection Between Law And Justice,
2011
Northwestern University School of Law
On The Connection Between Law And Justice, Anthony D'Amato
Faculty Working Papers
What does it mean to assert that judges should decide cases according to justice and not according to the law? Is there something incoherent in the question itself? That question will serve as our springboard in examining what is—or should be—the connection between justice and law. Legal and political theorists since the time of Plato have wrestled with the problem of whether justice is part of law or is simply a moral judgment about law. Nearly every writer on the subject has either concluded that justice is only a judgment about law or has offered no reason to support a …
An Essay On Torts: States Of Argument,
2011
Northwestern University School of Law
An Essay On Torts: States Of Argument, Marshall S. Shapo
Faculty Working Papers
This essay summarizes high points in torts scholarship and case law over a period of two generations, highlighting the "states of argument" that have characterized tort law over that period. It intertwines doctrine and policy. Its doctrinal features include the tradtional spectrum of tort liability, the duty question, problems of proof, and the relative incoherency of damages rules. Noting the cross-doctrinal role of tort as a solver of functional problems, it focuses on major issues in products liability and medical malpractice. The essay discusses such elements of policy as the role of power in tort law, the tension between communitarianism …
Law, Politics, And The Erosion Of Legitimacy In The Delaware Courts,
2011
Boston College Law School
Law, Politics, And The Erosion Of Legitimacy In The Delaware Courts, Kent Greenfield
NYLS Law Review
No abstract provided.
Good Faith In Revlon-Land,
2011
Washington and Lee University School of Law
Good Faith In Revlon-Land, Christopher M. Bruner
NYLS Law Review
No abstract provided.
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule,
2011
Georgetown University Law Center
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson
NYLS Law Review
No abstract provided.
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms,
2011
Michigan State University College of Law
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall
NYLS Law Review
No abstract provided.
Lyondell: A Note Of Approbation,
2011
University of Pennsylvania Law School
Lyondell: A Note Of Approbation, William W. Bratton
NYLS Law Review
No abstract provided.
The Constitution As An Exploding Cigar And Other “Historian’S Heresies” About A Constitutional Orthodoxy,
2011
New York Law School
The Constitution As An Exploding Cigar And Other “Historian’S Heresies” About A Constitutional Orthodoxy, R.B. Bernstein
NYLS Law Review
No abstract provided.
Tort Reform And American Political Economy,
2011
Montclair State University
Tort Reform And American Political Economy, Ian Drake
Department of Political Science and Law Faculty Scholarship and Creative Works
The expansion of tort liability throughout the last century was a unique period of American legal history. In the field of products liability the expansion was dramatic; so much that it can be considered revolutionary. Also, the reaction to this expansion was so forceful that it thwarted the larger goals of the expansionary movement. This paper will review the purposes of the expansion of tort law in the twentieth century and the purposes and effects of the reaction it spurred at the state level. In short, it is my conclusion that the expansion of products liability after World War II--the …
Dred Scott V. Sandford: A Prelude To The Civil War,
2011
University of Richmond
Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson
Richmond Public Interest Law Review
This article will first review the foundational cracks that slavery left in the creation of the United States' Constitution. It will then examine the ensuing legislative efforts to contend with the political and societal consequences of the slavery divide. Next, it will discuss the history behind the Scott case, and the course and resolution of the case in the court system. It will then describe the notoriety of the case and the impact it had on the events leading up to the war. It will conclude with an analysis of Dred Scott's position at the locus of only real conflict …
Dred Scott V. Sandford: A Prelude To The Civil War,
2011
University of Richmond
Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson
Richmond Journal of Law and the Public Interest
This article will first review the foundational cracks that slavery left in the creation of the United States' Constitution. It will then examine the ensuing legislative efforts to contend with the political and societal consequences of the slavery divide. Next, it will discuss the history behind the Scott case, and the course and resolution of the case in the court system. It will then describe the notoriety of the case and the impact it had on the events leading up to the war. It will conclude with an analysis of Dred Scott's position at the locus of only real conflict …
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011),
2011
UIC School of Law
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles
UIC Law Review
No abstract provided.
Citizens United And Tiered Personhood, 44 J. Marshall L. Rev. 717 (2011),
2011
UIC School of Law
Citizens United And Tiered Personhood, 44 J. Marshall L. Rev. 717 (2011), Atiba R. Ellis
UIC Law Review
No abstract provided.
One Day Criminal Careers: The Armed Career Criminal Act's Different Occassions Provisions, 44 J. Marshall L. Rev. 963 (2011),
2011
UIC School of Law
One Day Criminal Careers: The Armed Career Criminal Act's Different Occassions Provisions, 44 J. Marshall L. Rev. 963 (2011), Jenny W.L. Osborne
UIC Law Review
No abstract provided.
The United States Of Immigration: A Nation In Crisis. How Fear Has Shaped Immigration Law And Has Led Us To Question Basic Constitutional Rights, 45 J. Marshall L. Rev. 205 (2011),
2011
UIC School of Law
The United States Of Immigration: A Nation In Crisis. How Fear Has Shaped Immigration Law And Has Led Us To Question Basic Constitutional Rights, 45 J. Marshall L. Rev. 205 (2011), Patrycja Rynduch
UIC Law Review
No abstract provided.
Masthead,
2011
University of Pennsylvania Carey Law School
Masthead, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Extraordinary Mrs. Shipley: How The United States Controlled International Travel Before The Age Of Terrorism,
2011
Southern Methodist University, Dedman School of Law
The Extraordinary Mrs. Shipley: How The United States Controlled International Travel Before The Age Of Terrorism, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
Terrorist watchlists used to restrict travel into and out of the United States owe their conceptual origins to Mrs. Ruth B. Shipley, the Chief of the State Department’s Passport Division from 1928 to 1955. Mrs. Shipley was one of the most powerful people in the federal government for almost thirty years, but she is virtually unknown today. She had the unreviewable discretion to determine who could leave the United States, for how long, and under what conditions.
This article examines how Mrs. Shipley exercised her power through a detailed study of original documents obtained from the National Archives. It then …
The Hermeneutical And Rhetorical Nature Of Law,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Hermeneutical And Rhetorical Nature Of Law, Francis J. Mootz Iii
Scholarly Works
In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to offer a radically new solution to age-old conundrums. The goal is to make a clean break from a traditional path of thought that has become trapped in a cul-de-sac, to make progress by finding a new way forward. Not so with Jean Porter’s work, and particularly her most recent book. Professor Porter demonstrates that thinking through an established tradition – one that has responded to numerous challenges within very different contexts over several millennia – can sometimes offer the most productive response to contemporary dilemmas. …
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial,
2011
University of Colorado Law School
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey
Publications
This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …
Domestic Violence And State Intervention In The American West And Australia, 1860-1930,
2011
University of Colorado Law School
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Publications
This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo-American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed dismay …
