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Impermeable Federalism, Pragmatic Silence, And The Long Range Plan For The Federal Courts, Lauren K. Robel

Indiana Law Journal

Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts

Federal Court Long Range Planning: Fine Lines And Tightropes, Sarah Evans Barker

Indiana Law Journal

Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts

Clark Memorandum: Fall 1996, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• A Brief Tribute to Dean H. Reese Hansen
• Reenter the Realm of Feelings (Elder Dallin H. Oaks)
• Perception versus Reality (Frederick Mark Geddicks)
• The Charter Class Looks Back (Jonathan Brett Kalstrom)
• Making a Difference (Norman H. Jackson)

Attorney-Client Privilege Versus The Pto's Duty Of Candor: Resolving The Clash In Simultaneous Patent Representations, Todd M. Becker

Washington Law Review

Patent attorneys play dual roles: they are simultaneously attorneys and patent practitioners. Their dual role causes problems when the rules that govern one role conflict with the rules that govern the other. One such problem is illustrated in Molins PLC v. Textron, Inc., where a patent attorney simultaneously representing two clients was caught between the Patent & Trademark Office's duty of candor and the attorney's duty of confidentiality imposed by the rules of professional responsibility. The Molins decision presents a problem because it creates uncertainty about whether confidentiality can be maintained by using the attorney-client privilege to defeat the …

The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow

William & Mary Law Review

No abstract provided.

Legal Ideals And Moral Obligations: A Comment On Simon, David Luban

William & Mary Law Review

No abstract provided.

The Polyphonic Courtroom: Expanding The Possibilities Of Judicial Discourse, Robert Rubinson

All Faculty Scholarship

This Article draws upon the ideas of Mikhail Bakhtin to critique judicial discourse as embodied in written opinions. Judicial opinions are typically monologues which reject exploration of complex issues of meaning in favor of simply justifying a result. Opinions should instead be part of a continuing dialogue whose hallmark is exploration, not simplification - what the Article characterizes as "polyphonic," Polyphonic opinions should embrace dialogue and complexity and recognize the validity of multiple perspectives. This goal can not simply be willed, however, because cognition by necessity simplifies. To meet this challenges, the Article concludes with recommendations for "judicial calisthenics," including …

War Powers "Short Of War", Louis Henkin

University of Miami Law Review

No abstract provided.

Criminal Discovery And Psychological Defenses In West Virginia: Squeezing A Lemon Or Kicking A Dog, J. Robert Russell

West Virginia Law Review

No abstract provided.

Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford C. Mank

Washington and Lee Law Review

No abstract provided.

State Responsibility And International Liability Under International Law, Sompong Sucharitkul

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Pragmatism, Pluralism, And Legal Interpretation: Posner’S And Rorty’S Justice Without Metaphysics Meets Hate Speech, Michel Rosenfeld

Cardozo Law Review

Not surprisingly, legal interpretation is in a crisis in pluralist societies with widely diverging conceptions of the good. When there is sharp disagreement over fundamental values, there seems to be a complete lack of objective criteria to interpret legal texts, and particularly broadly articulated wide ranging textual provisions such as those characteristic of constitutions. Accordingly, interpretation looms as hopelessly subjective, and the interpretive subject as indispensable but utterly problematic. In a homogeneous society with widely shared religious, ethical, and political values, legal interpretations will count as just if they manage to reconcile justice according to law with justice beyond law. …

Pragmatism And Realism, Hilary Putnam

Cardozo Law Review

Let me begin by asking what will undoubtedly seem to many, if not all of you, a most peculiar question: How did it happen that the first philosopher to present a completely worked out version of direct realism in the entire history of modem philosophy was none other than the American pragmatist, William James?

What’S The Use Of Calling Emerson A Pragmatist?, Stanley Cavell

Cardozo Law Review

I applaud the revival of interest in John Dewey and William James, on various intellectual and political grounds, and seek to learn what is at stake for others in their revival. But I also wish to suspend applause-doubtless more a transcendentalist than a pragmatist gesture on my part-for ideas that seem to be gaining prominence within this movement, expressed by writers and thinkers whom I admire, according to which Emerson is to be understood as a proto-pragmatist and Wittgenstein as, let's say, a neo-pragmatist. Perhaps I will be taken as struggling merely over labels; but sometimes labels should be struggled …

Disdain Of Alien Lawyers: History Of Exclusion, Kiyoko Kamio Knapp

Seton Hall Constitutional Law Journal

No abstract provided.

Commentary: Re-Positioning Human Rights Discourse On "Asian" Perspectives, Sharon K. Hom

Buffalo Journal of International Law

No abstract provided.

People's Rights Or Victim's Rights: Reexamining The Conceptualization Of Indigenous Rights In International Law, Feisal Hussain Naqvi

Indiana Law Journal

No abstract provided.

Categorical Liability For Manifestly Unreasonable Designs: Why The Comment D Caveat Should Be Removed From The Restatement (Third), Michael J. Toke

Cornell Law Review

No abstract provided.

The Executive Power Of Constitutional Interpretation, Gary S. Lawson, Christopher D. Moore

Faculty Scholarship

It is emphatically the province and duty of the President to say what the law is, including the law embodied in the Federal Constitution. In the mid-1980s, a claim of this sort would have been received by the legal intelligentsia with some combination of bemusement and outrage. One would have heard, loudly and often, that it is the special province of the federal courts to declare the meaning of the Constitution, -Lnd that any attempt to question the judiciary's supreme interpretative role, especially in favor of an interpretative role for the President, was an attack on the rule of law …

From The Ground To The Sky: The Continuing Conflict Between Private Property Rights And Free Speech Rights On The Shopping Center Front Seventeen Years After Pruneyard, Ian J. Mcpheron

Northern Illinois University Law Review

This Comment examines the intersection of property rights and free speech rights by tracing how the Supreme Court has dealt with this intersection in a shopping center context and in other contexts. The Comment proceeds to examine how state supreme courts have traversed the intersection in favor of property rights over free speech rights, and also how states that have not decided this issue will likely resolve it. Upon formulating an analysis practitioners can use in the future when arguing this issue in the undecided states, the Comment concludes that the best argument is based on how close a shopping …

Religion And The Good Polity, Donald E. Smith

Cardozo Journal of International and Comparative Law

The article explores the evolving relationship between religion and political structures, highlighting the historical centrality of religion in shaping polity across various cultures. It examines the processes of secularization, which weaken the religious-political link, and the resurgence of religious influences in governance, particularly in the context of Islamic fundamentalism. The author questions whether religious states can embrace democracy or if they tend toward authoritarianism, concluding that religion retains a role in shaping moral values despite the challenges faced by secular states.

Darkness In The Land Of The Rising Sun: How The Japanese Discriminate Against Ethnic Koreans Living In Japan, Paul E. Kim

Cardozo Journal of International and Comparative Law

The note examines the systemic discrimination faced by ethnic Koreans in Japan, rooted in historical, legal, and social structures. It argues that despite constitutional guarantees of equality, the Japanese judiciary and government perpetuate discrimination through restrictive nationality laws, naturalization processes, and the failure to enforce international human rights treaties effectively. The note advocates for legal reforms and international pressure to address these issues and ensure equal rights for ethnic minorities.

Constitutional Reform And Social Difference In New Zealand, Jack H. Nagel

Cardozo Journal of International and Comparative Law

The article examines New Zealand's transition to a mixed-member proportional (MMP) electoral system, emphasizing its innovative approach to ensuring representation for the Maori minority. It argues that the MMP system, combined with dual constituencies (MMP-DC), offers a unique solution to the challenges of representing minority groups in plural societies, providing both descriptive and substantive representation without marginalization. The analysis highlights the historical and political processes that led to this system, which could serve as a model for other democracies facing similar challenges.

Canada's Charter: Rights Protection In The Cultural Mosaic, Lorraine Weinrib

Cardozo Journal of International and Comparative Law

The Canadian Charter of Rights and Freedoms, enacted in 1982, was a transformative constitutional document designed to deepen Canada's commitment to liberal democracy by recognizing a multi-faceted rightholder embedded in both individual and community identities. It aimed to balance diverse cultural, linguistic, and ethnic interests, particularly addressing Quebec's distinct identity while promoting a unified Canadian identity. However, the Charter's implementation and interpretation have been marked by ongoing political and legal challenges, particularly in Quebec, where it has been both a tool for asserting minority rights and a focal point for separatist movements.

A Foreword To The Syposium On The Restatement Of Unfair Competition, Robert C. Denicola, Harvey Perlman

South Carolina Law Review

No abstract provided.

Go Fish: Evaluating The Restatement's Formulation Of The Law Of Publicity, Oliver R. Goodenough

South Carolina Law Review

No abstract provided.

Determining The Timeliness Of A Securities Claim Filed For Arbitration: Substantive Eligibility Requirement Or Procedural Statute Of Limitations, Carla K. Williams

Journal of Dispute Resolution

This Comment will focus on the development of this debate, the positions taken by the courts, and a possible resolution of these issues by the SROs themselves.9 Specifically, Part II briefly discusses the development of arbitration in the United States; Part III discusses the issues surrounding the debate, including what positions the courts have taken; and Part IV discusses the possible resolution of this debate by amendment to the SRO codes.

Small Claims Court Cant, Seana C. Mcguire, Roderick A. Macdonald

Osgoode Hall Law Journal

Small claims courts have traditionally been seen as a valuable institutional innovation for facilitating access to justice. In Quebec, the small claims court is particularly prized because most corporate plaintiffs may not be plaintiffs, because parties may not be represented by lawyers and because judges are to play an activist role in managing the litigation process. This article reports the findings of an empirical study of the plaintiff population of the Small Claims Court of downtown Montreal during 1992. It presents information on the socio-demographic characteristics of plaintiffs, the nature of claims brought, the dispute process followed, and the outcome …

Agape, Civil Society And The Task Of Social Reconstruction, Karol E. Soltan

Cardozo Journal of International and Comparative Law

The article argues that while institutional reforms are crucial for societal transition, the transformation of mentalities is equally important for achieving a truly good society. It emphasizes that mentalities, particularly "agape" (a form of care and love for improvement), play a significant role in fostering a society capable of continuous improvement. The analysis critiques the idea that institutions alone can create a good society and advocates for a balanced approach that includes both institutional and mental development.

The Lost Volume Seller And Lost Profits Under U.C.C. § 2-708(2): A Conceptual And Linguistic Critique, John M. Breen

University of Miami Law Review

No abstract provided.