Digital Commons Network^™

The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson

UIC Law Review

No abstract provided.

Re-Examination Of Litigation Trends In The United States: Galanter Reconsidered, A, Kenyon D. Bunch, Richard J. Hardy

Journal of Dispute Resolution

The general commentary on recent litigation patterns in the United States depicts a worrisome, and occasionally panicked, scenario often called the "litigation explosion."' The commentaries characteristically direct attention to a supposed "epidemic of hair-trigger suing" burying the courts under an "avalanche" of civil actions. 2 Moreover, judicial scholars proffer a myriad of purported explanations for the alleged prodigious growth in the number of civil lawsuits. The common theme throughout these explanations is that changes or disruptions in our social, economic, political-legal environments have caused Americans to become a contentious and overly-litigious people.

A Critical View Of Traditional Tax Policy Theory: A Pragmatic Alternative, Nancy E. Schurtz

Villanova Law Review (1956 - )

No abstract provided.

To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey

Faculty Articles and Papers

No abstract provided.

Paths To Belonging: The Constitution And Cultural Identity, Kenneth L. Karst

North Carolina Law Review

No abstract provided.

An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal

Law Faculty Publications

This Article examines the role of police motivation in all facets of fourth amendment jurisprudence and demonstrates that the Court has often considered good faith as one relevant but ill-defined factor in determining substantive aspects of the fourth amendment. The Article concludes that this ambiguous and flexible approach to substantive fourth amendment rights should be utilized when applying the remedy of exclusion.

Commercial Litigation In West Virginia State And Federal Courts, 1870-1940, Frank W. Munger

Articles & Chapters

No abstract provided.

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

Law Faculty Publications

The Court began its opinion in Winston by "putting to one side the procedural protections of the warrant requirement. " The parties agreed that the defendant had received "a full measure of procedural protections"and that the state had met the "ordinary" standard of probable cause for a search. "Notwithstanding the existence of probable cause" and the state's full compliance with the procedures required by the warrant clause, the Court found that the reasonableness clause of the fourth amendment demands "a more substantial justification" than probable cause. The Court viewed this higher level of justification as a substantive requirement of the …

Lynch V. Donnelly: Breaking Down The Barriers To Religious Displays , Glenn S. Gordon

Cornell Law Review

No abstract provided.

Poor Laws Of The Post-Revolutionary South, 1776-1800, James W. Ely Jr.

Tulsa Law Review

No abstract provided.

Constitutional Scholarship In Canada, Marc Gold

Osgoode Hall Law Journal

This article identifies and evaluates the kinds of constitutional scholarship currently produced in Canada and suggests some directions in which future research might profitably be directed Part I sets out the framework within which the state of Canadian constitutional scholarship will be assessed, considers some of the factors that have shaped that scholarship, and provides a brief overview of the various kinds of work being produced in Canada. Part II outlines some of the areas where more and different work needs to be done, concluding with some general thoughts on how the development of such directions in scholarship might be …

Unmasking The Motives Of Government Decisionmakers: A Subpoena For Your Thoughts, Louis S. Raveson

North Carolina Law Review

No abstract provided.

The Next Step: Definition, Generalization, And Theory In American Family Law, Carl E. Schneider

University of Michigan Journal of Law Reform

The Journal of Law Reform's Symposium on Family Law comes opportunely, in legal scholarship's spring of hope, its winter of despair, at a time when we have everything before us, when we have nothing before us. As is natural in such an epoch, reflection about legal scholarship, about its history, purposes, and methods, has flourished. This Symposium invites us to extend that reflection to family law, and this essay attempts, tentatively and speculatively, to accept the invitation.

Suicide: A Constitutional Right?, Thomas J. Marzen, Mary K. O'Dowd, Daniel Crone, Thomas J. Balch

Duquesne Law Review

Recent advocacy of a right to suicide raises the question of whether statutes which penalize the assistance of suicide and the widespread practice of intervention to stop suicide attempts are unconstitutional. This article considers the claim that the right of privacy or substantive due process encompasses autonomy to do whatever affects no one else, and concludes that the Supreme Court has recognized only those forms of autonomy that it has deemed to be rooted in the traditions and history of our society. After outlining the attitudes toward suicide at various stages in Western Civilization, focusing on Anglo- American history and …

History And Legal Discourse: The Language Of The New Legal History [Essay], Samuel J. Astorino

Duquesne Law Review

While the New Legal History has succeeded in establishing itself as an indispensable perspective in the specific study of the evolution of American law, its findings have not yet been incorporated into the mainstream of general American history. One of the chief reasons for this failure is the employment of technical legal language by lawyer-historians in their historical analyses of the common law and the corresponding inability of non-lawyer historians to understand such language. To this extent, general American history remains incomplete in its portrayal of the past, particularly in the area of industrialization.

Reflections On Ethical Elements Of Judaic Halakhah, Phillip Sigal

Duquesne Law Review

Halakhah, or the body of Jewish norms of conduct and religious practices, consists of an everchanging aggregate of ethical principles. Halakhah is thus unlike most "legal" systems, which are characterized by the presence of a governmental authority reinforced by a justice system established to impose penalties. This article highlights the nature of halakhah as distinct from such traditional legal systems. Following this introduction, the author focuses on hermeneutics, the rules of religious textual interpretation, and their application to halakhic revision. The author then applies the hermeneutic to illustrate halakhic development in the areas of abortion and self-incrimination, and, in addition, …

English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny

Cleveland State Law Review

In England, during the first half of the seventeenth century a serious conflict having both legal and political implications arose concerning the Royal Prerogative. King James I insisted upon the Royal Prerogative, which placed the King above the law and gave him absolute power. Sir Edward Coke, on his part, argues that the common law was above the King's Prerogative. This led to a violent clash between Coke and the King in November 1608. A general discussion of the further development of common law and of the decisive role of Parliament is beyond the framework of this Article. One aspect, …

Modernist Social Theory: Roberto Unger’S Passion, James Boyle

Faculty Scholarship

No abstract provided.

Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein

Faculty Scholarship

No abstract provided.

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Seattle University Law Review

In this Article, I will present a series of attacks on intentionalism. My efforts are aimed at eroding the high ground that the intentionalist position appears to enjoy in the interpretation of state and federal constitutions. Currently, one almost has to justify departure from the framers intent in advancing a nonconforming constitutional interpretation. This Article is an attempt to reverse this assumed burden of persuasion.

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.

Proxies And The Modern Corporation: Scienter Under Sections 14a And 10b Of The Securities Exchange Act, Charles S. Telly

Tulsa Law Review

No abstract provided.

Need For A Theory Of Legal Theories: Assessing Pragmatic Instrumentalism, Michael S. Moore

Cornell Law Review

No abstract provided.

Four Leagues Of Pecos: A Legal History Of The Pecos Grant, 1800 - 1933, G. Emlen Hall

Faculty Book Display Case

Land grant disputes from the nineteenth century have divided and embittered some people for most of the twentieth century. In an attempt to bring final resolution to lingering controversies in New Mexico and throughout the West, in 2000 the U.S. Congress pledged to review disputed claims in the next few years.

The Pecos Grant is illustrative of legal and administrative wrangling over land grants. To ensure that a U.S. Senate Committee understood the complexity of the Pecos Grant, New Mexico lawyer and historian Ralph Emerson Twitchell told them in 1923: "There are so many things in connection with this entire …

Book Review Of El Jus Cogens International (Estudio Histórico-Crítico), Claudio Grossman

Book Reviews

No abstract provided.

Mr. Crosskey, The American Constitution, And The Natures Of Things, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.

Law And Belief In Three Revolutions, Harold J. Berman

Valparaiso University Law Review

No abstract provided.

Reservations: The Surplus Lands Acts And The Question Of Reservation Disestablishment, Susan D. Campbell

American Indian Law Review

No abstract provided.

On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish

Faculty Scholarship

No abstract provided.

United States Military Chaplaincy Program: Another Seam In The Fabric Of Our Society, William T. Cavanaugh

Notre Dame Law Review

No abstract provided.