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Articles 14761 - 14790 of 16578
Full-Text Articles in Entire DC Network
The Viability Of Citizens' Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Beverly Mcqueary Smith
The Viability Of Citizens' Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Beverly Mcqueary Smith
Case Western Reserve Law Review
No abstract provided.
Minimizing Unnecessary Differences In Occupational Testing, Martin M. Shapiro, Michael H. Slutsky, Richard F. Watt
Minimizing Unnecessary Differences In Occupational Testing, Martin M. Shapiro, Michael H. Slutsky, Richard F. Watt
Valparaiso University Law Review
No abstract provided.
Law And Literature: An Unnecessarily Suspect Class In The Liberal Arts Component Of The Law School Curriculum, Elizabeth Villiers Gemmette
Law And Literature: An Unnecessarily Suspect Class In The Liberal Arts Component Of The Law School Curriculum, Elizabeth Villiers Gemmette
Valparaiso University Law Review
No abstract provided.
The Monsanto Lectures: Understanding Tort Law, Ernest J. Weinrib
The Monsanto Lectures: Understanding Tort Law, Ernest J. Weinrib
Valparaiso University Law Review
No abstract provided.
Rules, The Rule Of Law, And The Constitution, Frederick Schauer
Rules, The Rule Of Law, And The Constitution, Frederick Schauer
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
Transcendental Nonsense, Metaphoric Reasoning, And The Cognitive Stakes For Law, Steven L. Winter
Transcendental Nonsense, Metaphoric Reasoning, And The Cognitive Stakes For Law, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
The Revolution In American Law Schools, David R. Barnhizer
The Revolution In American Law Schools, David R. Barnhizer
Law Faculty Articles and Essays
There is a continuing revolution in American law schools that is transforming legal scholarship, teaching, and the structure of the curriculum. The revolution is altering the law schools' relationships with the legal profession and judiciary. The revolution has not been contained within the schools, in part because it is being stimulated by events and sources outside the law schools with the schools being reactive rather than proactive institutions. This article examines the ten primary forces behind the revolution in American law schools.
Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer
Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer
Articles
This Article analyzes the development of the National Labor Relations Act through the drafts of the original Act. The author traces the evolution of Senator Wagner's ideas through numerous policy and political battles to the passage of the NLRA in 1935. The author explores the development of the drafts and the historical context surrounding their creation to reveal the social theory of the drafters and illuminate previously unexplored undercurrents in the text of the Act itself. The author, through this novel approach to the NLRA, sets up a new way to view the 1935 Act, and evaluates subsequent amendments and …
A Common Law Lawyer On The Supreme Court: The Opinions Of Justice Stevens, William D. Popkin
A Common Law Lawyer On The Supreme Court: The Opinions Of Justice Stevens, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
The Cognitive Dimension Of The Agon Between Legal Power And Narrative Meaning, Steven L. Winter
The Cognitive Dimension Of The Agon Between Legal Power And Narrative Meaning, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
The Revolution In American Law Schools, David Barnhizer
The Revolution In American Law Schools, David Barnhizer
Cleveland State Law Review
The majority of this Article has considered some of the changes that have come about in the focus of legal scholarship. Of equal importance are the shifts in curriculum and content that the schools have experienced. In some ways the shifts mirror changes in academic focus but curricular change has by and large altered much of what is actually done in the law schools while seeming, on the surface, to remain largely the same. The curriculum of the Cleveland State University College of Law provides an example of how law schools have responded innovatively to an expanded sense of professional …
Excursions Into The Nature Of Legal Language, Mary Jane Morrison
Excursions Into The Nature Of Legal Language, Mary Jane Morrison
Cleveland State Law Review
In this article, I explore some of the truths on each side of the issue of whether the language of the law is a technical language and whether lawyers speak in a technical language when they speak with each other about the law. In Part I of this article, I examine the due process limitations on the thesis that the law is in a technical language and I draw distinctions between speaking carefully and speaking technically. In Part II, I set out the technical language views of H.L.A. Hart and Charles Caton. By taking back-bearings on the views of Hart …
Toward Adoption Of The United States Convention On The Rights Of The Child, Lung-Chu Chen
Toward Adoption Of The United States Convention On The Rights Of The Child, Lung-Chu Chen
Other Publications
No abstract provided.
Legal Education As Political Consciousness-Raising Or Paving The Road To Hell, Richard F. Devlin Frsc
Legal Education As Political Consciousness-Raising Or Paving The Road To Hell, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
The Journal of Legal Education did all legal educators a great service when it published "Women in Legal Education-Pedagogy, Law, Theory, and Practice," a symposium that highlights feminist criticisms of, innovations in, and desiderata for legal education. The contributors challenge some of our deepest convictions about what it means to be a law teacher. Appropriately, all the contributors are women. It is they who have experienced most keenly-and have been harmed by the gendered nature of the legal educational process. The gendered nature of legal education is not, however, a "women's only" issue; it is not solely "their problem," "their …
Freedom Of Expression: Is It All Just Talk?, A. Wayne Mackay
Freedom Of Expression: Is It All Just Talk?, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
In this article Wayne MacKay argues that effective interpretation of section 2 of the Charter of Rights and Freedoms requires the weighing of real world impacts beyond the traditional liberal parameter of judicial decisions. The usual judicial unwillingness to acknowledge "freedoms" as opposed to "rights" limits governmental legal action while not recognizing political and economic barriers to freedom of expression. The trend toward limiting protected expression both at the definitional stage and through section 1 reasonable limits reflects this cautious approach.This article examines who the early beneficiaries of freedom of expression have been: those affected by criminal sanctions and those …
Education And Linguistic Security In The Charter, Denise Réaume, Leslie Green
Education And Linguistic Security In The Charter, Denise Réaume, Leslie Green
Articles & Book Chapters
The authors provide an interpretive framework for minority language education rights as guaranteed in Section 23 of the Canadian Charter of Rights and Freedoms. They argue that the purpose of such rights is to protect linguistic security. Attending to that value and to the text of the Charter, they seek to explain he nature and ground of the limitation which confines application of the right to circumstances in which numbers warrant. In doing so, they critically discuss a number of judgments bearing on the content of the right, the relevance of cost in securing the right, and the appropriate judicial …
The Importance Of Not Being Ernest, Allan C. Hutchinson
The Importance Of Not Being Ernest, Allan C. Hutchinson
Articles & Book Chapters
Formalists have long tried to develop a legal theory, based on the internal rationality of law, which would free it from the influences of instrumentality and ideology. Focussing on the philosophical proposals of Ernest Weinrib, the author argues that this goal is both illusory and undesirable. Weinrib's theory assumes rather than proves the existence of this rationality, which is simply defined as an interrelationship between form and content. In order to maintain the coherence of this fragile relationship, Weinrib is either forced to articulate his theory on such a level of abstration so as to be irrelevant or to reintroduce …
Book Review: The Tenth Justice. By Lincoln Caplan., Brian K. Landsberg
Book Review: The Tenth Justice. By Lincoln Caplan., Brian K. Landsberg
McGeorge School of Law Scholarly Articles
No abstract provided.
Technology And The Fourth Amendment: A Proposed Formulation For Visual Searches, Robert C. Power
Technology And The Fourth Amendment: A Proposed Formulation For Visual Searches, Robert C. Power
Journal of Criminal Law and Criminology
No abstract provided.
Aids, Astrology, And Arline: Towards A Casual Interpretation Of Section 504, Gary Lawson
Aids, Astrology, And Arline: Towards A Casual Interpretation Of Section 504, Gary Lawson
Hofstra Law Review
No abstract provided.
Lawyers And Conscience, Thomas Morawetz
Lawyers And Conscience, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
A Proposal For A Congressional Council Of Revision, William E. Cooper
A Proposal For A Congressional Council Of Revision, William E. Cooper
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Minority Indigenous Populations And Their Claims For Self-Determination, John T. Paxman
Minority Indigenous Populations And Their Claims For Self-Determination, John T. Paxman
Case Western Reserve Journal of International Law
No abstract provided.
Canned Software Warranties: Concerns On Both Sides Of The Transaction, Peter Ackerman
Canned Software Warranties: Concerns On Both Sides Of The Transaction, Peter Ackerman
Santa Clara High Technology Law Journal
No abstract provided.
The United Nations Convention On The Rights Of The Child: A Policy-Oriented Overview, Lung-Chu Chen
The United Nations Convention On The Rights Of The Child: A Policy-Oriented Overview, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Breaking Women's Silence In Law: The Dilemma Of The Gendered Nature Of Legal Reasoning, Lucinda M. Finley
Breaking Women's Silence In Law: The Dilemma Of The Gendered Nature Of Legal Reasoning, Lucinda M. Finley
Journal Articles
No abstract provided.
That's Just The Way It Is: Langille On Law, Allan C. Hutchinson
That's Just The Way It Is: Langille On Law, Allan C. Hutchinson
Articles & Book Chapters
This article is a defence of the sceptical critique of the legitimacy of law and adjudication. It is a direct reply to the arguments of Professor Brian Langille, whose article "Revolution Without Foundation: The Grammar of Scepticism and Law" appeared in Volume 33 of this Journal. In that article, Langille defended the viability of law, legal discourse and legal critique primarily by attacking the claim that scepticism based on the "indeterminacy of language" can be grounded in the philosophy of Ludwig Wittgenstein. Professor Hutchinson concentrates his spirited response on the indeterminacy of language. He contends that law fails to meet …
Aids, Astrology, And Arline: Towards A Causal Interpretation Of Section 504, Gary S. Lawson
Aids, Astrology, And Arline: Towards A Causal Interpretation Of Section 504, Gary S. Lawson
Faculty Scholarship
Section 504 of the Rehabilitation Act of 1973 provides that ‘[n]o otherwise qualified individual with handicaps shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under [any federal or federally funded program].’1 In School Board v. Arline,2 the Supreme Court held that a school teacher with a history of infectious tuberculosis was an ‘individual with handicaps' protected by section 504,3 and that the determination of whether she was ‘otherwise qualified’ to teach elementary school required a sound medical assessment of the risks …
Bracton, The Year Books, And The "Transformation Of Elementary Legal Ideas" In The Early Common Law, David J. Seipp
Bracton, The Year Books, And The "Transformation Of Elementary Legal Ideas" In The Early Common Law, David J. Seipp
Faculty Scholarship
The language of the common law has a life and a logic of its own, resilient through eight centuries of unceasing talk. Basic terms of the lawyer's specialized vocabulary, elementary conceptual distinctions, and modes of argument, which all go to make “thinking like a lawyer” possible, have proved remarkably durable in the literature of the common law. Two fundamental distinctions—between “real” and “personal” actions and between “possessory” and “proprietary” remedies—can be traced back to their early use in treatises of the first generations of professional common law judges and in reports of courtroom dialogue from the first generations of professional …