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Articles 13471 - 13500 of 16632
Full-Text Articles in Entire DC Network
The Predicament Of Peacekeeping In Bosnia, Tibor Varady
The Predicament Of Peacekeeping In Bosnia, Tibor Varady
Cornell International Law Journal
No abstract provided.
The Elusive Peace In The Former Yugoslavia, Valerie Bunce
The Elusive Peace In The Former Yugoslavia, Valerie Bunce
Cornell International Law Journal
No abstract provided.
Sounds Of Silence: The Supreme Court And Affirmative Action, Adam Winkler
Sounds Of Silence: The Supreme Court And Affirmative Action, Adam Winkler
Loyola of Los Angeles Law Review
No abstract provided.
The Stress, The Press, The Test, And The Mess With The Lani Guinier Smear: A Proposal For Executive Confirmation Reform, Krista Helfferich
The Stress, The Press, The Test, And The Mess With The Lani Guinier Smear: A Proposal For Executive Confirmation Reform, Krista Helfferich
Loyola of Los Angeles Law Review
No abstract provided.
In Search Of The Post-Positivist Jury, Mark Cammack
In Search Of The Post-Positivist Jury, Mark Cammack
Indiana Law Journal
No abstract provided.
The Trial As Text: Allegory, Myth And Symbol In The Adversarial Criminal Process - A Critique Of The Role Of The Public Defender And A Proposal For Reform, Kenneth B. Nunn
UF Law Faculty Publications
A position of Federal Defender General should be created to enhance the public image of public defenders. Currently the adversarial system tends to favor prosecutors, making it hard for criminal defendants to obtain a fair trial. Semiotic theory shows how the criminal justice system reflects broader social discourse concerning crime. The defendants' rights are given symbolic representation but are not considered seriously. Criminals are set apart from the rest of society and regarded as undeserving of truly fair representation. The trial can be seen as an allegory demonstrating the guilt of the defendant.
Comparison Of The Interpretation Of Statutes And Collective Bargaining Agreements: Grasping The Pivot Of Tao, A, James E. Westbrook
Comparison Of The Interpretation Of Statutes And Collective Bargaining Agreements: Grasping The Pivot Of Tao, A, James E. Westbrook
Missouri Law Review
There has been an explosion in writing about statutory interpretation in recent years. Legal scholars have responded to theoretical writing about interpretation in general and to articles and judicial opinions by judges with an impressive array of articles and books. The purpose of this Article is to reflect on some of the common assumptions and interpretive practices of arbitrators in the light of this writing about statutory interpretation.
Demanding Justice Without Truth: The Difficulty Of Postmodern Feminist Legal Theory, Jennifer Lynn Orff
Demanding Justice Without Truth: The Difficulty Of Postmodern Feminist Legal Theory, Jennifer Lynn Orff
Loyola of Los Angeles Law Review
No abstract provided.
Victor V. Nebraska: The Reasonable Doubt Dilemma, North Carolina Law Review
Victor V. Nebraska: The Reasonable Doubt Dilemma, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Anatomy Of A Debate: Intersectionality And Equality For Deaf Children From Non-English Speaking Homes - Counterpoint, Alexandra Natapoff
Anatomy Of A Debate: Intersectionality And Equality For Deaf Children From Non-English Speaking Homes - Counterpoint, Alexandra Natapoff
The Journal of Law and Education
No abstract provided.
Legal Solutions Vs. Environmental Realities: The Case Of The United States-Mexico Border Region, Irasema Coronado
Legal Solutions Vs. Environmental Realities: The Case Of The United States-Mexico Border Region, Irasema Coronado
Connecticut Journal of International Law
This paper will address how environmental realities defy centralized government efforts which are legalistic in nature in this region, especially in the community of Ambos Nogales. The paper also addresses how the inconsistencies found in legal solutions, agreements such as NAFTA, plans elaborated by the EPA and a statute passed by the State of Arizona, The Arizona Groundwater Management Act, 2 affect this binational community. The environmental realities of the border environment require immediate and binational attention at the local government and grass root level in order to be effective. The twin cities of Nogales, Arizona and Nogales, Sonora, known …
Connecticut Compendium Of International And Comparative Legal Scholarship
Connecticut Compendium Of International And Comparative Legal Scholarship
Connecticut Journal of International Law
Welcome to the sixth Connecticut Compendium of International and Comparative Legal Scholarship. The Compendium is a compilation of abstracts from international and comparative law journals throughout the United States. Each participating journal has supplied the Connecticut Journal of International Law with synopses of the articles and student-written materials published between Fall 1994 and Summer 1995. The issue abstracts, alphabetized by journal name, are set forth herein as they were received, without substantial editing.
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Journal Articles
This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning for all …
Constructing' Fisheries Management: A Values Perspective, David Ralph Matthews
Constructing' Fisheries Management: A Values Perspective, David Ralph Matthews
Dalhousie Law Journal
This paper applies a "social constructionist" position to an understanding of the nature of fisheries management policy. It argues that both the way in which we view "nature" and the way in which we view such natural resources of the fishery are "socially constructed" in terms of particular value orientations and the interests that these represent. In particular, it examines the value orientations related to the social construction of the fishery as a biological, social, or economic resource, as well as the social constructions involved in regarding the fishery as either common property or a common heritage. It also argues …
Rediscovering Francis Lieber: An Afterword And Introduction, Michael E. Herz
Rediscovering Francis Lieber: An Afterword And Introduction, Michael E. Herz
Cardozo Law Review
In our media age, more and more people are famous just for being famous, rather than for any particular achievement, notorious or otherwise. We spend a good deal of time transfixed by "celebrities" known for no obvious qualities other than fame itself. Francis Lieber, once this country's most respected law professor, of whom it was written in 1873 that "his fame will be secure in the lap of history," presents the opposite case: he is forgotten despite great accomplishment. At best, one might say he is famous for being forgotten. His name comes up, but almost every modem reference to …
A Hermeneutic Thinker, Wolfgang Holdheim
A Hermeneutic Thinker, Wolfgang Holdheim
Cardozo Law Review
What makes Francis Lieber's Legal and Political Hermeneutics intriguing is this early study's aim to unite two major traditions: that of American legal theory and that of German hermeneutic philosophy. On the face of it, these two powerful strains in the history of ideas should, each in its own right, clamor for such a convergence. Where indeed could a theory of interpretation find more fruitful material for application than in a sophisticated legal system, guided by a preponderant written constitution, evolving under the aegis of a Supreme Court that is eminently a hermeneutic institution? And where, conversely, could one hope …
A Lieber Bibliography, With Annotations
Comprehensive References And Indexes, Volume 16 (1994-1995)
Comprehensive References And Indexes, Volume 16 (1994-1995)
Cardozo Law Review
No abstract provided.
In Search Of The Law Of Products Liability: The Ali Restatement Project, Marshall S. Shapo
In Search Of The Law Of Products Liability: The Ali Restatement Project, Marshall S. Shapo
Vanderbilt Law Review
The American Law Institute's ("ALI") involvement with the subject of products liability is developing as one of the most interesting sagas in the modern private law. This Article explores the ALI's efforts to rationalize the subject. Reviewing the ALI's contributions to the evolution of the law in this area, the Article also asks how the Institute should treat the subject in the future, an inquiry that leads us to the broader question of the role of Restatements of the Law in the twenty-first century. In press as Congress considers proposals for sweeping federalization of products liability law, the Article raises …
Table Of Contents - Cardozo Law Review, Volume 16, Issue 6
Table Of Contents - Cardozo Law Review, Volume 16, Issue 6
Cardozo Law Review
No abstract provided.
The Virtues Of Interpretation In A Jural Society, Mike Robert Horenstein
The Virtues Of Interpretation In A Jural Society, Mike Robert Horenstein
Cardozo Law Review
This Essay could perhaps be titled "Why Lieber Now?": for this seems to me an unavoidable question when reviving a figure who has seemingly been lost in the archives. We encounter problems on all fronts, and just to ignore them and go about resuscitating Lieber would only provide an opportunity to quip that the operation 'was successful, though the patient died (was actually long dead). Even at the time of its publication, William Kent, Chancellor Kent's son, remarked of Lieber's Legal and Political Hermeneutics," 'What, in God's name, made you choose 'Hermeneutics'? ... Had you called your... …
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Cardozo Law Review
Like many other forms of social thought, legal theory has, over the last quarter century, taken an "interpretive" turn. Recent and contemporary writing on legal hermeneutics may be credited with two sensible but unsurprising claims about legal language.
Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner
Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner
All Faculty Scholarship
Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.
Burket V. Commonwealth 248 Va. 596,450 S.E.2d 124 (1994) Supreme Court Of Virginia
Burket V. Commonwealth 248 Va. 596,450 S.E.2d 124 (1994) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Burket V. Commonwealth: Don't Put All Your Defense Eggs In The Suppression Basket, Jody M. Bieber
Burket V. Commonwealth: Don't Put All Your Defense Eggs In The Suppression Basket, Jody M. Bieber
Capital Defense Journal
No abstract provided.
Vol. 18 No. 1 (1995): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Vol. 18 No. 1 (1995): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Pacific Studies
Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …
Judicial Power And The Rules Enabling Act, Linda S. Mullenix
Judicial Power And The Rules Enabling Act, Linda S. Mullenix
Mercer Law Review
Congress undermines and erodes judicial power when it imperially declares and exercises an exclusive right to enact federal procedural rules. Thus, congressional intrusion into federal procedural rulemaking is the most significant contemporary issue of judicial independence. The proper province of procedural rulemaking is no mere pointillist academic quibble, but rather an issue that runs to the core of judicial power. A judiciary that cannot create its own procedural rules is not an independent judiciary Moreover, a judiciary that constitutionally and statutorily is entitled to create its own procedural rules, but must perform that function under a constant cloud of congressional …
Are Non-English Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider
Are Non-English Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
A Defense Of The Socratic Method: An Interview With Martin B. Louis (1934-94), Burnele V. Powell
A Defense Of The Socratic Method: An Interview With Martin B. Louis (1934-94), Burnele V. Powell
North Carolina Law Review
No abstract provided.
Federal Judicial Independence: Constitutional And Political Perspectives, Martin H. Redish
Federal Judicial Independence: Constitutional And Political Perspectives, Martin H. Redish
Mercer Law Review
Since the nation's beginning, the concept of federal judicial independence has been almost as confusing to political and constitutional theorists as it is fundamental to the successful operation of our form of constitutional democracy. On the one hand, the Constitution's framers consciously chose to insulate members of the federal judiciary from at least the most acute forms of potential political pressure by expressly providing for the protection of their salary and tenure. On the other hand, the framers simultaneously provided the groundwork to facilitate the exercise of seemingly substantial congressional control of the jurisdiction of the federal courts, thereby potentially …