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Articles 1351 - 1380 of 1722

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Constitutional Scholarship: What Next?, Norman L. Rosenberg Jan 1988

Constitutional Scholarship: What Next?, Norman L. Rosenberg

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

No abstract provided.


Constitutional Scholarship: What Next?, Robert F. Nagel Jan 1988

Constitutional Scholarship: What Next?, Robert F. Nagel

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

No abstract provided.


Constitutional Scholarship: What Next?, Robert Faulkner Jan 1988

Constitutional Scholarship: What Next?, Robert Faulkner

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

No abstract provided.


Reading Law, William L. Twining Jan 1988

Reading Law, William L. Twining

Valparaiso University Law Review

No abstract provided.


Reading Law, William L. Twining Jan 1988

Reading Law, William L. Twining

Valparaiso University Law Review

No abstract provided.


Book Reviews Jan 1988

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.


Catholic Labor Theory And The Transformation Of Work, David L. Gregory Jan 1988

Catholic Labor Theory And The Transformation Of Work, David L. Gregory

Washington and Lee Law Review

No abstract provided.


Reliance Interest In Marriage And Divorce, Margaret F. Brinig, June Carbone Jan 1988

Reliance Interest In Marriage And Divorce, Margaret F. Brinig, June Carbone

Journal Articles

The first part of this article examines the changing nature of reliance on marriage as the relationship between the spouses and the role of the family has changed. The second section defines the ‘reliance interest,’ as that term has been used to describe contract damages, discusses its application to marriage, and examines the implications for the role of ‘fault’ in the financial allocations to be made upon divorce. The third section describes the varying state reactions to the adoption of no fault divorce and assesses the ability of existing law to protect the reliance interest in marriage. Finally, this article …


Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger Jan 1988

Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger

Articles & Chapters

No abstract provided.


An Impossible Marriage: Slave Law And Family Law, Margaret A. Burnham Jul 1987

An Impossible Marriage: Slave Law And Family Law, Margaret A. Burnham

Minnesota Journal of Law & Inequality

No abstract provided.


From Constitutional Politics To Constitutional Law: The Supreme Court's First Fifty Years, Albert Broderick Jun 1987

From Constitutional Politics To Constitutional Law: The Supreme Court's First Fifty Years, Albert Broderick

North Carolina Law Review

No abstract provided.


Entry Into Practice; Series Ii; File 39, Juanita Hunter Jan 1987

Entry Into Practice; Series Ii; File 39, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Criminal Law - Hearsay - Confrontation Clause, Linda S. Amoroso Jan 1987

Criminal Law - Hearsay - Confrontation Clause, Linda S. Amoroso

Duquesne Law Review

No abstract provided.


Kemner V. Monsanto Company: The Illinois Supreme Court Confronts The Free Speech/Fair Trial Controversy, 20 J. Marshall L. Rev. 581 (1987), Thomas K, Pfister Jan 1987

Kemner V. Monsanto Company: The Illinois Supreme Court Confronts The Free Speech/Fair Trial Controversy, 20 J. Marshall L. Rev. 581 (1987), Thomas K, Pfister

UIC Law Review

No abstract provided.


Taxation Of Business Intangible Capital, George Mundstock Jan 1987

Taxation Of Business Intangible Capital, George Mundstock

Articles

No abstract provided.


Neighbors In American Land Law, Stewart E. Sterk Jan 1987

Neighbors In American Land Law, Stewart E. Sterk

Articles

The article critiques the foundational principle of land law known as the "geometric-box allocation," which assumes landowners have absolute control over their property within defined boundaries. While this model provides clarity and facilitates private bargaining, the analysis argues that it often fails to account for externalities, social norms, and bilateral monopoly situations, leading to inefficiencies. The author challenges the assumption that private bargaining will always produce efficient results, particularly in low-transaction-cost scenarios, and highlights the limitations of using intent as a justification for cross-boundary allocations. The article ultimately suggests that land law doctrine reflects and reinforces both individualist and non-individualist …


Social Change And Tort Litigation: Industrialization, Accidents, And Trial Courts In Southern West Virginia, 1872 To 1940, Frank W. Munger Jan 1987

Social Change And Tort Litigation: Industrialization, Accidents, And Trial Courts In Southern West Virginia, 1872 To 1940, Frank W. Munger

Buffalo Law Review

No abstract provided.


Understanding Aboriginal Rights, Brian Slattery Jan 1987

Understanding Aboriginal Rights, Brian Slattery

Articles & Book Chapters

The entrenchment of aboriginal rights in the Constitution Act, 1982 and the importance of aboriginal claims now reaching the courts highlight the need to understand these long-ignored rights. This article sets out a general theory of the subject, drawing on the leading cases and the complex history of relations between native peoples and the Crown. Aboriginal rights are based on a set of basic common law principles that operate uniformly across Canada, except where modified by treaty or legislation. Under those principles, native peoples presumptively hold full rights to lands in their possession, and retain their accustomed laws andpolitical institutions, …


Book Review. Church-State Relationships In America By Gerald V. Bradley, Richard M. Fraher Jan 1987

Book Review. Church-State Relationships In America By Gerald V. Bradley, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Jurisprudence And Legal Philosophy In 20th Century America: Major Themes And Developments, Martin P. Golding Dec 1986

Jurisprudence And Legal Philosophy In 20th Century America: Major Themes And Developments, Martin P. Golding

Journal of Legal Education

No abstract provided.


Book Review, Ellen K. Solender Dec 1986

Book Review, Ellen K. Solender

Notre Dame Law Review

No abstract provided.


Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56 Nov 1986

Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56

Constitutional Law

No abstract provided.


The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas Sep 1986

The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas

Washington and Lee Law Review

No abstract provided.


Dodging A Bullet, But Opening Old Wounds In Fourth Amendment Jurisprudence, Ronald J. Bacigal Aug 1986

Dodging A Bullet, But Opening Old Wounds In Fourth Amendment Jurisprudence, Ronald J. Bacigal

Seton Hall Law Review

No abstract provided.


Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten Jun 1986

Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten

Antioch Law Journal

No abstract provided.


Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer Jun 1986

Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer

Antioch Law Journal

No abstract provided.


Up From Feudalism: Harold Berman On The Canonical Origins Of Western Law (Review Of Berman: Law And Revolution: The Formation Of The Western Legal Tradition. Reviewed By Richard E. Rubenstein, Richard E. Rubenstein Jun 1986

Up From Feudalism: Harold Berman On The Canonical Origins Of Western Law (Review Of Berman: Law And Revolution: The Formation Of The Western Legal Tradition. Reviewed By Richard E. Rubenstein, Richard E. Rubenstein

Antioch Law Journal

No abstract provided.


Law, Legalism, And Community Before The American Revolution, Bruce H. Mann Jun 1986

Law, Legalism, And Community Before The American Revolution, Bruce H. Mann

Michigan Law Review

The connections between law and community are difficult to identify, let alone explain. It may be best to begin by seeing how law and the ways people used it changed, and then attempt to relate those changes to the surrounding economy and society. One must, of course, be wary of finding what one looks for. Nonetheless, as with objects against a dark background, it is sometimes easier to see things when they move than when they remain still. To illustrate the interactive nature of legal change and community, I will draw on examples from Connecticut before the Revolution - not …


Viii. Prsoners' Rights Mar 1986

Viii. Prsoners' Rights

Washington and Lee Law Review

No abstract provided.


Thinking About The State: Law Reform And The Crown In Canada, David S. Cohen Jan 1986

Thinking About The State: Law Reform And The Crown In Canada, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

In August 1985, the Law Reform Commission of Canada released a working paper entitled "The Legal Status of the Federal Administration." The working paper calls for a re-examination of the concept of the federal Crown in Canadian law. In this article, Professor Cohen undertakes a critical examination of the focus and methodology of the Commission's work. Professor Cohen commends the Commission for its excursion into the field of law reform and the state, but points out that this working paper represents an incomplete and flawed treatment of the subject. In light of this, Professor Cohen proceeds to describe and evaluate …