Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 1291 - 1320 of 1722

Full-Text Articles in Entire DC Network

Re-Imagining Childhood And Reconstructing The Legal Order: The Case For Abolishing The Juvenile Court, Janet Ainsworth Jan 1991

Re-Imagining Childhood And Reconstructing The Legal Order: The Case For Abolishing The Juvenile Court, Janet Ainsworth

Faculty Articles

Although the institution of the juvenile court developed rather recently in our legal system, it is now quite firmly established: every American state and nearly every industrialized nation has a juvenile court system in place. The juvenile court is not without its critics, however. In this Article, Professor Janet Ainsworth recommends its complete abolition. Professor Ainsworth contends that society's current view of the nature of adolescence no longer comports with the turn-of-the century view that originally informed the development of an autonomous juvenile court, thus undermining the ideological legitimacy of a separate court system for juveniles. In addition, Professor Ainsworth …


Is Subjectivity Possible - The Post-Modern Subject In Legal Theory, James Boyle Jan 1991

Is Subjectivity Possible - The Post-Modern Subject In Legal Theory, James Boyle

Faculty Scholarship

This article puts forward a thesis and then attempts to prove (or at least to develop) that thesis in two related areas. The thesis is that legal theory in general, and critical legal theory in particular, has concentrated too much on critiques of objectivity, wrongly assuming that "subjectivity" was an unproblematic term. Subjectivity, like mortality, has seemed not only attainable but inevitable. It is objectivity which is presumed to be the problematic goal of our theories and our attempts at doctrinal interpretation. This article reverses the focus, concentrating on the construction of subjectivity in law and social theory... Having pointed …


Is Subjectivity Possible: The Postmodern Subject In Legal Theory, James Boyle Jan 1991

Is Subjectivity Possible: The Postmodern Subject In Legal Theory, James Boyle

University of Colorado Law Review

No abstract provided.


A Course On The Constitution, Thomas E. Baker, James E. Viator Sep 1990

A Course On The Constitution, Thomas E. Baker, James E. Viator

Journal of Legal Education

No abstract provided.


How Privacy Got Its Gender, Anita L. Allen, Erin Mack Jul 1990

How Privacy Got Its Gender, Anita L. Allen, Erin Mack

Northern Illinois University Law Review

This article suggests that the right to privacy, as it was originally described by Warren and Brandeis, reflects their era's gender bias. The authors describe the social, economic and legal background for the original, gender-biased pronouncement of the right, as well as its subsequent development, and how this bias affects legal scholarship in the area today. The authors suggest that legal scholars need to be more sensitive to the gender bias that exists in privacy law, and that alternative analyses which recognize this bias already exist.


On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin Jul 1990

On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin

Osgoode Hall Law Journal

Two aims drive this essay. The first is to provide the reader with an accessible, yet relatively comprehensive, introduction to Roberto Mangabeira Unger's social and legal theory. The second aim is to evaluate the strengths and weaknesses of Unger's most recent scholarship and to make some suggestions as to where he goes awry. In particular, the author draws several parallels between the Ungerian enterprise and that of some feminists. The central motivation of the essay is to keep the critical conversation between male radicals and feminists open. To this end, the author posits the possibility of mutually beneficial contributions.


Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle Jun 1990

Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle

University of Michigan Journal of Law Reform

Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …


The Amicus: Vol. 3, No. 3, Valparaiso University School Of Law May 1990

The Amicus: Vol. 3, No. 3, Valparaiso University School Of Law

Alumni Magazine: Alumni News (1970, 1978-1987) / The Amicus (1987-1995) / Valpo Lawyer (2000-2006) / Annual Review (2013-2020)

No abstract provided.


A Theory Of Labor Legislation, Alan Hyde Apr 1990

A Theory Of Labor Legislation, Alan Hyde

Buffalo Law Review

No abstract provided.


The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt Mar 1990

The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt

Vanderbilt Law Review

Upon seeing Niagara Falls for the first time, Oscar Wilde reportedly remarked that it "would be more impressive if it flowed the other way." I have a similar reaction to a series of narrow Supreme Court interpretations of the fourteenth amendment, beginning with the Slaughter-House Cases, decided in 1872, and extending to the 1989 decisions in Webster v. Reproductive Health Services and DeShaney v. Winnebago County Department of Social Services. In Slaughter-House the Court interpreted the privileges or immunities clause of the fourteenth amendment as merely protecting interests other federal laws already protected, while recently the Court interpreted the due …


Historical Analysis In Antitrust Law, James May Jan 1990

Historical Analysis In Antitrust Law, James May

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Jurisprudence Of Christopher G. Tiedeman: A Study In The Failure Of Laissez-Faire Constitutionalism, The, David N. Mayer Jan 1990

Jurisprudence Of Christopher G. Tiedeman: A Study In The Failure Of Laissez-Faire Constitutionalism, The, David N. Mayer

Missouri Law Review

No abstract provided.


Jurisprudence Of Christopher G. Tiedeman: A Study In The Failure Of Laissez-Faire Constitutionalism, The, David N. Mayer Jan 1990

Jurisprudence Of Christopher G. Tiedeman: A Study In The Failure Of Laissez-Faire Constitutionalism, The, David N. Mayer

Missouri Law Review

No abstract provided.


Jesuit Legal Education: Focusing The Vision, Steven M. Barkan Jan 1990

Jesuit Legal Education: Focusing The Vision, Steven M. Barkan

Marquette Law Review

No abstract provided.


Book Review Of The Federalist Papers And The New Institutionalism, Daniel A. Farber Jan 1990

Book Review Of The Federalist Papers And The New Institutionalism, Daniel A. Farber

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of The Federalist Papers and the New Institutionalism. By Bernard Grofman and Donald Wittman, eds. New York: Agathon Press. 1989. Pp. 296. Reviewed by: Daniel A. Farber.


"Clean New World": Toward An Intellectual History Of American Environmental Law, 1961-1990, Robert F. Blomquist Jan 1990

"Clean New World": Toward An Intellectual History Of American Environmental Law, 1961-1990, Robert F. Blomquist

Valparaiso University Law Review

No abstract provided.


On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin Frsc Jan 1990

On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Two aims drive this essay. The first is to provide the reader with an accessible, yet relatively comprehensive, introduction to Roberto Mangabeira Unger's social and legal theory. The second aim is to evaluate the strengths and weaknesses of Unger's most recent scholarship and to make some suggestions as to where he goes awry. In particular, the author draws several parallels between the Ungerian enterprise and that of some feminists. The central motivation of the essay is to keep the critical conversation between male radicals and feminists open. To this end, the author posits the possibility of mutually beneficial contributions.


Foreword: Antitrust As Public Interest Law, Rudolph J.R. Peritz Jan 1990

Foreword: Antitrust As Public Interest Law, Rudolph J.R. Peritz

Articles & Chapters

No abstract provided.


Crime And Punishment In Renaissance Florence, Marvin E. Wolfgang Jan 1990

Crime And Punishment In Renaissance Florence, Marvin E. Wolfgang

Journal of Criminal Law and Criminology

No abstract provided.


Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle Jan 1990

Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle

Faculty Scholarship

Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …


State Of Utah V. James F. Gardner : Brief Of Appellant, Utah Supreme Court Jan 1990

State Of Utah V. James F. Gardner : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

APPEAL FROM JUDGMENT AND CONVICTION OF SECOND DEGREE MURDER, UTAH CODE ANN. SECTION 76-5-203(c) (1953) AS AMENDED IN THE EIGHTH JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF UINTAH, STATE OF UTAH THE HONORABLE RICHARD C. DAVIDSON, PRESIDING AND THE APRIL 2, 1990 DECISION OF JUDGE A. LYNN PAYNE RE DEFENDANT'S MOTION TO WITHDRAW PLEA


Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams Jan 1990

Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams

Faculty Scholarship

No abstract provided.


What Is A Church By Law Established?, M. H. Ogilvie Jan 1990

What Is A Church By Law Established?, M. H. Ogilvie

Osgoode Hall Law Journal

This paper examines one narrow question which is raised tangentially by virtue of the Constitution Act 1867, section 93 and the Constitution Act 1982, section 29 as interpreted by the Supreme Court of Canada in the Reference Re An Act to Amend the Education Act: what is an established church? It argues that when a single church alone enjoys constitutionally entrenched state support for its schools to the exclusion of all other religious groups, the real legal question is not about the legal protection of that church as a religious minority, especially when the recipient of state support is the …


Hearing The Cries Of Prisoners: The Third Circuit's Treatment Of Prisoners' Rights Litigation, Lance D. Cassak Aug 1989

Hearing The Cries Of Prisoners: The Third Circuit's Treatment Of Prisoners' Rights Litigation, Lance D. Cassak

Seton Hall Law Review

No abstract provided.


The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy Jun 1989

The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

The existing rules in the United States governing the questioning of suspects in custody are based on the Supreme Court's five to four decision in Miranda v. Arizona. The Court in Miranda promulgated a new, code-like set of rules for custodial questioning, including the creation of a right to counsel in connection with custodial questioning, a requirement of warnings, a prohibition of questioning unless the suspect affirmatively waives the rights set out in the warnings, and a prohibition of questioning if the suspect asks for a lawyer or indicates in any manner that he is unwilling to talk. These …


Reimagining The Marshall Court, H. Jefferson Powell May 1989

Reimagining The Marshall Court, H. Jefferson Powell

Michigan Law Review

A Review of The Marshall Court and Cultural Change, 1815-1835 by G. Edward White


The Status Of The Law Of Nations In Early American Law, Stewart Jay Apr 1989

The Status Of The Law Of Nations In Early American Law, Stewart Jay

Vanderbilt Law Review

A perennial issue is the relationship of international law to the domestic law of the United States. The question appears in various con-texts, but in each the central problem is determining whether the body of customary international law is binding on the national and state governments. Discussions about this subject inevitably lead to consideration of separation of powers at the national level. If the United States may depart from international law, which branch of government has the power to do so? If one branch transgresses international law, is this action binding on the others?' For example, a recent case examined …


A House Divided Against Itself: A Comment On “Mastery, Slavery, And Emancipation”, Kendall Thomas Apr 1989

A House Divided Against Itself: A Comment On “Mastery, Slavery, And Emancipation”, Kendall Thomas

Cardozo Law Review

No abstract provided.


Capital Punishment In The United States And Japan: Constitutionality, Justification And Methods Of Infliction, Chin Kim, Gary D. Garcia Mar 1989

Capital Punishment In The United States And Japan: Constitutionality, Justification And Methods Of Infliction, Chin Kim, Gary D. Garcia

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


What Is An Employee - Why It Does, But Should Not, Matter, Marc Linder Mar 1989

What Is An Employee - Why It Does, But Should Not, Matter, Marc Linder

Minnesota Journal of Law & Inequality

No abstract provided.