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Property And The Politics Of Distrust, Richard A. Epstein Jan 1992

Property And The Politics Of Distrust, Richard A. Epstein

Articles

No abstract provided.


A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein Jan 1992

A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein

Articles

No abstract provided.


Reflections On The Establishment Of Constitutional Government In Eastern Europe, Jonathan D. Varat Jan 1992

Reflections On The Establishment Of Constitutional Government In Eastern Europe, Jonathan D. Varat

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

No abstract provided.


The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White Jan 1992

The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White

Book Chapters

Almost everyone who is not trained in the law has struggled to understand legal documents, such as contracts and guarantees - not because they read poorly but because they lack legal knowledge and experience with legal language. Readers can experience the same difficulty in other fields such as philosophy, literary theory, or economics; it takes time to gain the knowledge required to become an expert reader in these areas. However, between the extremes of the trained legal expert and the complete novice is "another possible meaning of legal literacy: the degree of competence in legal discourse that is required for …


The Second Amendment And The Ideology Of Self-Protection, Don B. Kates Jr. Jan 1992

The Second Amendment And The Ideology Of Self-Protection, Don B. Kates Jr.

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

No abstract provided.


Ethnic Diversity: Its Historical And Constitutional Roots, Cruz Reynoso Jan 1992

Ethnic Diversity: Its Historical And Constitutional Roots, Cruz Reynoso

Villanova Law Review (1956 - )

No abstract provided.


Review Essay: Feminism, Lawyering, And Death Row, Joan W. Howarth Jan 1992

Review Essay: Feminism, Lawyering, And Death Row, Joan W. Howarth

Scholarly Works

Representing men on death row is confounding, but not without reward. This lawyering work has taught me at least two lessons, the subjects of this essay. First, capital punishment--our attempt to use legal procedures to kill people fairly--is a feminist issue, or should be. Second, death row representation is too big a job for lawyers; we need to recruit poets. To develop these ideas, and perhaps to convince you without requiring you to undertake the same path to these conclusions, I am appropriating novelist Beverly Lowry's stunning new book, Crossed Over: A Murder, A Memoir. Crossed Over is the story …


Surprised By Fish, Alessandra Lippucci Jan 1992

Surprised By Fish, Alessandra Lippucci

University of Colorado Law Review

No abstract provided.


Judges And Constitutional Theory: A View From History, Mark V. Tushnet Jan 1992

Judges And Constitutional Theory: A View From History, Mark V. Tushnet

University of Colorado Law Review

No abstract provided.


Listeners And Eavesdroppers: Substantive Legal Theory And Its Audience, Meir Dan-Cohen Jan 1992

Listeners And Eavesdroppers: Substantive Legal Theory And Its Audience, Meir Dan-Cohen

University of Colorado Law Review

No abstract provided.


Rorty, Radicalism, Romanticism: The Politics Of The Gaze, Joan C. Williams Jan 1992

Rorty, Radicalism, Romanticism: The Politics Of The Gaze, Joan C. Williams

Faculty Scholarship

No abstract provided.


Criminal Law - New Standards Under The Sentencing Guidelines, Gerard M. O'Rourke Jan 1992

Criminal Law - New Standards Under The Sentencing Guidelines, Gerard M. O'Rourke

Villanova Law Review (1956 - )

No abstract provided.


Moving Toward Equal Treatment Of Homosexuals, John Cary Sims Jan 1992

Moving Toward Equal Treatment Of Homosexuals, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.


An Internal Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin Jan 1992

An Internal Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


The Sentencing Guidelines: Downward Departures Based On A Defendant's Extrordinary Family Ties And Responsibilities, Susan E. Ellingstad Jan 1992

The Sentencing Guidelines: Downward Departures Based On A Defendant's Extrordinary Family Ties And Responsibilities, Susan E. Ellingstad

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


China And Laos: Different Roads To The Market, John Mcdonnell, Douglas Clark Jan 1992

China And Laos: Different Roads To The Market, John Mcdonnell, Douglas Clark

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Demography And Distrust: An Essay On American Languages, Cultural Pluralism, And Official English, Juan F. Perea Jan 1992

Demography And Distrust: An Essay On American Languages, Cultural Pluralism, And Official English, Juan F. Perea

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Insurance For Cercla Claims: The Premium Pays For What?, Gerald M. Levine Jan 1992

Insurance For Cercla Claims: The Premium Pays For What?, Gerald M. Levine

Loyola Consumer Law Review

No abstract provided.


Law As A Social Thought, Paul H. Brietzke Jan 1992

Law As A Social Thought, Paul H. Brietzke

Valparaiso University Law Review

No abstract provided.


Measuring Freedom? The Undp Human Freedom Index, Lisa J. Bernt Jan 1992

Measuring Freedom? The Undp Human Freedom Index, Lisa J. Bernt

Michigan Journal of International Law

Part I of this Note describes and compares the Humana index and the UNDP's Human Freedom Index. Part II surveys some of the criticism of the Human Freedom Index since its publication in May 1991, and identifies fundamental problems with the manner in which the Human Freedom Index was prepared and presented. This Note concludes with recommendations for refining and presenting such an index in future years.


Judicial Review Of The Compensation Law In Hungary, Peter Paczolay Jan 1992

Judicial Review Of The Compensation Law In Hungary, Peter Paczolay

Michigan Journal of International Law

This article analyzes the Hungarian Constitutional Court's decisions regarding a specific problem of property rights, namely the Compensation Law. It does not attempt to examine the details of broad subjects such as property rights or privatization.


The International Legal Right Of Self-Determination: Four Legal Approaches And Their Textual Foundations, Graham Flack, Ajeet Kang, Michele Leighton, David Preger Jan 1992

The International Legal Right Of Self-Determination: Four Legal Approaches And Their Textual Foundations, Graham Flack, Ajeet Kang, Michele Leighton, David Preger

Dalhousie Journal of Legal Studies

The following discussion briefly explores alternative concepts of self-determination. The attached table is an effort to facilitate preliminary research into the textual sources for self-determination in international law. As textual sources are only one means of determining the content of international law, it is important to examine alternate sources such as state practice in order to develop a full picture of the international legal 'right' to self-determination. It is important to note that the goal of self-determination is not necessarily the creation of a new state. Self-determination can take a range of forms, from education guarantees for linguistic minorities to …


The Significant Federal Circuit Cases Interpreting Section 112, Thomas L. Irving, Michael D. Kaminski, Walter Y. Boyd Jr, Mary Helmberger-Jones Jan 1992

The Significant Federal Circuit Cases Interpreting Section 112, Thomas L. Irving, Michael D. Kaminski, Walter Y. Boyd Jr, Mary Helmberger-Jones

American University Law Review

No abstract provided.


Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz Jan 1992

Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


Book Review: Death Is The Mother Of Metaphor, Steven L. Winter Jan 1992

Book Review: Death Is The Mother Of Metaphor, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Constitutional Authority In An Age Of Moral Indeterminacy, Ralph F. Gaebler Jan 1992

Constitutional Authority In An Age Of Moral Indeterminacy, Ralph F. Gaebler

Indiana Law Journal

No abstract provided.


Full Issue Jan 1992

Full Issue

Brigham Young University Prelaw Review

No abstract provided.


Abortion: The Rights Of Whom?, Jennifer Ferguson, Yvette Young Jan 1992

Abortion: The Rights Of Whom?, Jennifer Ferguson, Yvette Young

Brigham Young University Prelaw Review

The morality of abortion is not as pressing a question as whether a woman has a right to an abortion based on the rights granted her in the ninth and fourteenth amendments. Morality cannot be completely extricated from the issue of abortion. Nonetheless, the constitutional rights determine the legality of abortion, thus having the greatest effect on the woman and her fetus. Two questions must therefore be addressed: first, what are the rights of the woman as stated in the Constitution? second, what are the rights of the fetus?


The Justice Mission Of American Law Schools, David R. Barnhizer Jan 1992

The Justice Mission Of American Law Schools, David R. Barnhizer

Law Faculty Articles and Essays

The scholar's dilemma, particularly those scholars in disciplines such as law that are irreversibly linked to the operation of power and implicit willingness to do violence if necessary, is that societies require shared consensus far more than truth. Negative truths about the scientifically unsupportable premises of our fundamental beliefs might interfere with the quality of the operating consensus, at least for those satisfied with their lot. The stark truth about opportunity, fairness, racial and gender bias, about who receives economic benefits and so forth would not be knowledge that “sets us free” but “sets us at each other's throats”. If …


American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson Jan 1992

American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson

Law Faculty Articles and Essays

The concept of nonjusticiability, reflected primarily through the “political question” and the “standing” doctrines, fails to give the Supreme Court (and the rest of us) adequate guidance on how to resolve many constitutional disputes, such as impeachment procedures and standards, congressional expulsions, the scope of federal court jurisdiction, and the use of force abroad. These two doctrines put the Supreme Court on the horns of a false dichotomy. The Court tends to withdraw completely from an issue and from enforcing a textual passage, such as the Republican Guarantee Clause, whenever it makes a determination of nonjusticiability. Conversely, once the Court …