Digital Commons Network^™

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

Articles by Maurer Faculty

No abstract provided.

On Formally Undecidable Propositions Of Law: Legal Indeterminacy And The Implications Of Metamathematics, Mark R. Brown, Andrew C. Greenberg

UC Law Journal

Recent articles in the Critical Legal Studies literature claim that results from mathematical logic show that no system of law can be formalized so that every dispute is determinate. Specifically, it has been suggested that G6del's Incompleteness Theorem and the works of Lbwenheim and Skolem inform the question whether the law compels outcomes of cases. Because those results prove that certain formal systems of mathematics are necessarily indeterminate, they might suggest that analogous claims are true of the law.

In their Article, Mr. Greenberg and Professor Brown analyze Gbdel's Incompleteness Theorem in an attempt to determine how, if at all, …

Deconstruction And Marxism: Implications For Legal Theory, Michael G. Mcquade

Dalhousie Journal of Legal Studies

Let us pretend that two people, one a Marxist political theorist and the other a deconstructionist literary theorist, come across a sign bearing the above epigram from Anatole France. The Marxist theorist interprets the sign from a politico-economic perspective and concludes that 'law reflects the interest of the ruling class, and is a means of perpetuating a social order.' The deconstructionist theorist says, 'this sign reflects the prevailing ontological and epistemological perspectives, in that it accepts both the existence of a thing called 'law' per se, and that the world consists of a series of oppositional pairs' (here, for example, …

Standing And Ripeness Revisited: The Supreme Court's "Hypothetical" Barriers, Marla Mansfield

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Standing And Ripeness Revisited: The Supreme Court's Hypothetical Barriers, Marla E. Mansfield

North Dakota Law Review

No abstract provided.

Gentile V. State Bar Of Nevada: Aba Model Rule 3.6 As The Constitutional Standard For Reviewing Defense Attorneys' Trial Publicity, John Fletcher

SMU Law Review

No abstract provided.

The Killing Words - How The New Quality-Of-Life Ethic Affects People With Severe Disabilities, Teresa Harveyparedes

SMU Law Review

No abstract provided.

Reconciling Legal Process And Substantive Due Process, William R. Reynolds

SMU Law Review

No abstract provided.

Frustration In English Law – A Reappraisal, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

There are few doctrines in the English common law of contract that have raised as much theoretical discussion as the doctrine of frustration. The present article attempts a reappraisal of the doctrine, its central thesis being that many of the major controversies centring on the doctrine have been unnecessary as they stem from an omission to view the doctrine in a holistic fashion. Indeed, it is submitted that a more coherent view must proceed from a theoretical reappraisal, which reappraisal would, ironically, lead to a more cogent practical application of the doctrine itself. That theory lies at the core of …

You Can Take Them To Water But You Can’T Make Them Drink: Black Legal Scholarship And White Legal Scholars, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.

Positivism In The English Law Of Contract, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

While there has been no paucity of theoretical discussion on the law of contract,’ there has, in English law at least, been little clear evidence from the courts themselves which particular jurisprudential approach is favoured.2 This is not surprising, given the rather formal nature of the English legal system.’ Herein, perhaps, lies a clue - that English law in general and its contract law in particular are generally oriented towards so-called ‘black letter law’; or, to be more precise, that the generally favoured conception of law is that of po~itivism.~ Asalready mentioned, however, there has been little express acknowledgement of …

Barnes V. Glen Theatre: Censorship--So What, Timothy M. Tesluk

Case Western Reserve Law Review

No abstract provided.

The Difficult Relationship Between Freedom Of Expression And Its Reasonable Limits, Yves De Montigney

Law and Contemporary Problems

No abstract provided.

Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson

Law and Contemporary Problems

Judicial amendment of the Canadian Constitution is discussed. The Supreme Court of Canada can nullify or alter the constitutional text or its accepted meaning through constitutional interpretations.

Beaumont And/Or Fletcher: Collaboration And The Interpretation Of Renaissance Drama, Jeffrey A. Masten

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Survival Of Civil Law In North America: The Case Of Louisiana, Thomas E. Carbonneau

Faculty Scholarship

There are legitimate historical reasons for speaking seriously about a civil law heritage in Louisiana. French and Spanish civilian influences permeated the Louisiana Civil Code when it was first enacted in 1808. The current status of the civil law in Louisiana, however, is problematic; the American common law methodology has made significant inroads into the operation of the current legal system. Separated from its parenting source by geography, time, and culture, Louisiana civil law has become an ill-defined civilian entity that, in reality, is more of a common law process with civil law trappings. The civil law nonetheless has a …

The Pragmatics Of Genre: Moral Theory And Lyric Authorship In Hegel And Wordsworth, Thomas Pfau

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Common Properties Of Pleasure: Texts In Nineteenth Century Women's Clubs, Ann Ruggles Gere

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Ethics Of Meaning, James Boyd White

Book Chapters

In choosing what I call "the ethics of meaning" as the subject of this chapter I bring together two of the most complex and difficult terms in our language. To begin with "meaning", few things are harder to talk about than the complex and tangled process by which what we say - or do - takes on a meaning for another. Meaning is a mixture of conscious intention and subconscious wish, of expectation and imagination, of varying and often incompatible perceptions of context, and this on the part of both writer and reader. As for "ethics": it involves nothing less …

The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Interpreting Sacred Texts: Preliminary Reflections On Constitutional Discourse In China, Janet Ainsworth

Faculty Articles

The 1982 Constitution of the People's Republic of China provides the foundation for a nation governed by the rule of law rather than by Party fiat. It remains unclear whether and to what extent this ambitious Constitution will be implemented in practice. In her article, Professor Ainsworth asserts that the way in which Western scholars to date analyzed Chinese constitutions demonstrates the ethnocentric assumptions inherent in Western scholarship. Professor Ainsworth suggests that Chinese constitutional discourse needs to be understood in a Chinese context, requiring a historical study of the traditional Chinese exegetical methodology used in interpreting the Confucian Classics. This …

What Went Wrong With The Warren Court's Conception Of The Fourth Amendment?, John B. Mitchell

Faculty Articles

This article discusses the current status of police in the United States--police can undertake any and all actions unrestrained by any law but their own. The post-Warren Supreme Courts have held that none of these police activities are "searches" and/or "seizures," and in these courts' Fourth Amendment jurisprudence, that means that these activities are not circumscribed by the Fourth Amendment at all. Thus, in terms of the Constitution, the police are without any judicial supervision and subject to no standards but their own whim. The article explores the reasons for this, and faults the Warren Court for its mishandling of …

Unilateral Humanitarian Intervention: Legalizing The Use Of Force To Prevent Human Rights Atrocities, Barry M. Benjamin

Fordham International Law Journal

This Note argues that the international community should relax prohibitions against unilateral humanitarian action until the international collective security measures of the U.N. Charter designed to prevent egregious human rights abuses are effective. Because modern technology has significantly increased the ability to discern pretextual actions from altruistic actions, the potential abuse of unilateral humanitarian intervention is minimized. While the meaning of the word “intervention” in itself is subject to debate, this Note will consider only military intervention. Part I of this Note discusses the historical background of humanitarian intervention. Part II first analyzes the arguments against legalization of humanitarian intervention, …

From Association To Accession - An Evaluation Of Poland's Aspirations To Full Community Membership, Anne Wagner-Findeisen

Fordham International Law Journal

This Article has as its topic a legal assessment of Poland's aspirations towards full Community membership. This Article also postulates that the EC must continue to be mindful of maintaining the current momentum of rendering meaningful economic, legal, and political assistance to Poland, Czechoslovakia, and Hungary and so transform previously successful short- and medium-term measures into an effective long-term plan, with a view toward furthering these countries' quests for membership.

Investment In The New German Federal States, Fritz K. Koehler

Case Western Reserve Journal of International Law

No abstract provided.

Indigenous Peoples And Self Determination: Challenging State Sovereignty, Catherine J. Iorns

Case Western Reserve Journal of International Law

No abstract provided.

Above All, Do No Harm: The Application Of The Exon-Florio Amendment To Dual-Use Technologies, Gerald T. Nowak

Michigan Journal of International Law

In support of this proposition, this Note will first examine the legislative history and executive enforcement of the Exon-Florio Amendment, followed by a discussion of the goals of Exon-Florio and the applicability of Exon-Florio to dual-use technologies. Then, after an examination of the attitudes and experience of the European Community with regards to such protectionism, specifically in France and the United Kingdom, this Note will argue that vigorous enforcement of the Exon-Florio Amendment, and a fortiori passage of the Technology Preservation Act, is likely to result in less, not more, domestic production of dual-use technologies. As a matter of defense …

Critical Analysis Of Judicial Attempts To Reconcile The United States-Japan Friendship, Commerce And Navigation Treaty With Title Vii, A , Jeffrey J. Mayer

Northwestern Journal of International Law & Business

This paper offers a practical solution to the conflict between civil rights and economic growth through a new, but sensible, interpretation of the "right to choose" provision. Part I explains the conflicting rulings of the five Courts of Appeals that have addressed this issue. Part II concludes that the courts' various reconciliations between Title VII and the Japan FCN Treaty are, in each case, impossible to apply consistently or fairly. Courts have wrongly attempted to preserve the protections of Title VII for American employees of foreign corporations by asking factfinders to draw impossibly fine distinctions between permissible and prohibited criteria …

A Proposed Process For Managing The First Amendment Aspects Of Campus Hate Speech, William A. Kaplin

Scholarly Articles

For public institutions, attempts to regulate hate speech raise substantial legal issues under the First Amendment of the U.S. Constitution. For private institutions, which may not be bound by the First Amendment, attempts to regulate hate speech raise sensitive policy questions concerning the role of free expression on campus. Numerous articles (many of which are listed in the references below) have undertaken substantive analysis of these constitutional issues and policy questions. In contrast, this article explores a preliminary and overarching concern: the process by which a college or university addresses the problem of hate speech, and in particular the process …

‘Hate Speech’ On The College Campus: Freedom Of Speech And Equality At The Crossroads, William A. Kaplin

Scholarly Articles

This article focuses on the First Amendment implications of the hate speech problem, comparing the free speech values that may be endangered by attempts to regulate hate speech with the equality values that may be endangered if hate speech is left unchecked. I will also concentrate on processes that universities may devise to resolve these crucial value questions. My goal is to add order and balance to the differing points of view concerning hate speech, and to bring a measure of practicality and concreteness to what has often been a rather theoretical and abstract debate. In short, my focus will …