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A Moral Appraisal Of Legal Education: A Plea For A Return To Forgotten Truths, Michael P. Ambrosio Jan 1992

A Moral Appraisal Of Legal Education: A Plea For A Return To Forgotten Truths, Michael P. Ambrosio

Seton Hall Law Review

No abstract provided.


Lawyering Theory: An Overview What We Talk About When We Talk About Law, Richard Sherwin Jan 1992

Lawyering Theory: An Overview What We Talk About When We Talk About Law, Richard Sherwin

Articles & Chapters

No abstract provided.


Proving The Law, Gary S. Lawson Jan 1992

Proving The Law, Gary S. Lawson

Faculty Scholarship

Interpretative theory has become a major growth industry over the past two decades. Legal academics in particular have invested heavily in the enterprise, producing a burgeoning literature that addresses many of the most important problems of legal interpretation.1 The discussion to date, however, has largely neglected one critical aspect of interpretative theory: the selection of appropriate standards of proof for legal propositions. That neglect will not bother or surprise interpretative skeptics who doubt the utility of searching for "true" or "better" meanings of texts, but it ought to prove troubling to any theorist who wants to make absolute or comparative …


The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones Jan 1992

The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones

Articles

No abstract provided.


One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver Jan 1992

One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver

Scholarly Works

In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to …


Stances, Anthony V. Alfieri Jan 1992

Stances, Anthony V. Alfieri

Articles

No abstract provided.


Beyond The Privacy Principle, Kendall Thomas Jan 1992

Beyond The Privacy Principle, Kendall Thomas

Faculty Scholarship

In Bowers v. Hardwick, the U.S. Supreme Court was asked to ad-dress the constitutionality of a Georgia criminal statute prohibiting certain private sexual practices by consenting adults. The Georgia citizens who brought the suit sought a judgment regarding the constitutionality of the statute on its face, but the Court resolutely avoided consideration of that issue. The Court took the view that the only federal question properly before it was the constitutional validity of the law as applied to private, sexual activity by consenting adults of the same gender, or what it called "homosexual sodomy." Having thus limited the scope …


Sanctioning Voice: Quotation Marks, The Abolition Of Torture, And The Fifth Amendment, Margreta De Grazia Jan 1992

Sanctioning Voice: Quotation Marks, The Abolition Of Torture, And The Fifth Amendment, Margreta De Grazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Authorship And The Concept Of National Cinema In Spain, Marvin D'Lugo Jan 1992

Authorship And The Concept Of National Cinema In Spain, Marvin D'Lugo

Cardozo Arts & Entertainment Law Journal

No abstract provided.


International Dimensions, Teresa Mcguire Jan 1992

International Dimensions, Teresa Mcguire

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Dancing To Music: An Interpretation Of Mutuality, Ronald R. Garet Jan 1992

Dancing To Music: An Interpretation Of Mutuality, Ronald R. Garet

Kentucky Law Journal

No abstract provided.


Testing Right - Lying In View Of Justice, Peter Fenves Dec 1991

Testing Right - Lying In View Of Justice, Peter Fenves

Cardozo Law Review

Walter Benjamin: Justice, Right and the Critique of Violence


Afformative, Strike, Werner Hamacher Dec 1991

Afformative, Strike, Werner Hamacher

Cardozo Law Review

Walter Benjamin: Justice, Right and the Critique of Violence


How To Take It (And Do The Right Thing): Violence And The Mournful Mind In Benjamin’S Critique Of Violence, Anselm Haverkamp Dec 1991

How To Take It (And Do The Right Thing): Violence And The Mournful Mind In Benjamin’S Critique Of Violence, Anselm Haverkamp

Cardozo Law Review

Walter Benjamin: Justice, Right and the Critique of Violence


Deconstruction Before The Name: Some Preliminary Remarks On Deconstruction And Violence, Samuel Weber Dec 1991

Deconstruction Before The Name: Some Preliminary Remarks On Deconstruction And Violence, Samuel Weber

Cardozo Law Review

Walter Benjamin: Justice, Right and the Critique of Violence


The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky Dec 1991

The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky

Cardozo Law Review

No abstract provided.


Civil Disobedience And Deconstruction, Drucilla Cornell Dec 1991

Civil Disobedience And Deconstruction, Drucilla Cornell

Cardozo Law Review

No abstract provided.


Suicide And Justice, Arthur J. Jacobson Dec 1991

Suicide And Justice, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.


The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier Nov 1991

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier

UF Law Faculty Publications

No abstract provided.


On The Allocation Of Burdens Of Proof In Corporate Law: An Essay On Fairness And Fuzzy Sets, Charles M. Yablon Nov 1991

On The Allocation Of Burdens Of Proof In Corporate Law: An Essay On Fairness And Fuzzy Sets, Charles M. Yablon

Cardozo Law Review

No abstract provided.


Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert Nov 1991

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert

Articles

The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …


Strict Liability In Action: The Truncated Learned Hand Formula, Thomas C. Galligan Jr. Nov 1991

Strict Liability In Action: The Truncated Learned Hand Formula, Thomas C. Galligan Jr.

Louisiana Law Review

No abstract provided.


Some Observations On Strict Liability In The Louisiana Law Of Garde, William Powers Jr. Nov 1991

Some Observations On Strict Liability In The Louisiana Law Of Garde, William Powers Jr.

Louisiana Law Review

No abstract provided.


Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert Nov 1991

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert

Cardozo Law Review

No abstract provided.


Kicking Rocks With Dr. Johnson: A Comment On Professor Allen’S Theory, Craig R. Callen Nov 1991

Kicking Rocks With Dr. Johnson: A Comment On Professor Allen’S Theory, Craig R. Callen

Cardozo Law Review

No abstract provided.


Stories And Numbers, John Leubsdorf Nov 1991

Stories And Numbers, John Leubsdorf

Cardozo Law Review

No abstract provided.


Marshalling Evidence For Adversary Litigation, David Schum, Peter Tillers Nov 1991

Marshalling Evidence For Adversary Litigation, David Schum, Peter Tillers

Cardozo Law Review

No abstract provided.


Missing Evidence, Dale A. Nance Nov 1991

Missing Evidence, Dale A. Nance

Cardozo Law Review

No abstract provided.


1991 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 1991

1991 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti


Clark Memorandum: Fall 1991, J. Reuben Clark Law Society, J. Reuben Clark Law School Oct 1991

Clark Memorandum: Fall 1991, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum