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A Principled Statutory Approach To Supplemental Jurisdiction, Richard D. Freer Feb 1987

A Principled Statutory Approach To Supplemental Jurisdiction, Richard D. Freer

Duke Law Journal

No abstract provided.


The Privileges And Immunities Clause Of Article Iv, David S. Bogen Jan 1987

The Privileges And Immunities Clause Of Article Iv, David S. Bogen

Faculty Scholarship

No abstract provided.


A Critical Look At Secured Transactions Under Revised Ucc Article 8, Paul B. Rasor Jan 1987

A Critical Look At Secured Transactions Under Revised Ucc Article 8, Paul B. Rasor

Florida State University Law Review

No abstract provided.


The Activity Of Being A Lawyer: The Imaginative Pursuit Of Implications And Possibilities, Thomas D. Eisele Jan 1987

The Activity Of Being A Lawyer: The Imaginative Pursuit Of Implications And Possibilities, Thomas D. Eisele

Faculty Articles and Other Publications

If law as an activity emerged naively and unpremeditated, as a direction of attention pursued without premonition of what it would lead to, then by now it has hollowed out a character for itself, as Oakeshott says, and has become specified in a "practice." Having acquired this firmness of character, as Oakeshott further says, law may present itself as a puzzle, thus provoking reflection. Thinking about law in this manner or mood is something that I wish to call "philosophy of law," and this is itself an honorable activity with a character and mannerisms of its own.2 In law school, …


Intestacy - Inheritance Laws - Non-Marital Children - Fourteenth Amendment Equal Protection, Sarah Jane Anderson Jan 1987

Intestacy - Inheritance Laws - Non-Marital Children - Fourteenth Amendment Equal Protection, Sarah Jane Anderson

Duquesne Law Review

The United States Supreme Court, after examining a section of the Texas Probate Code which allowed a non-marital child to inherit from his or her mother but denied similar inheritance from the natural father, found it to be discriminatory against the non-marital child.

Reed v. Campbell, No. 85-755, slip op. (U.S. June 11, 1986).


Book Reviews, Jeremy M. Miller Jan 1987

Book Reviews, Jeremy M. Miller

Duquesne Law Review

The Critical Legal Studies Movement. By Roberto Mangabeira Unger. Cambridge, Mass.: Harvard University Press. 1986. 128 pages. Cloth, $17.95. Paper $7.95.

Ethics and the Legal Profession. Edited by Michael Davis and Frederick A. Elliston. Buffalo, New York: Prometheus Books. 1986. 495 pages.


Applying Scriptural Exegesis To The Interpretation Of Article Iii Of The Constitution, Maria L. Ciampi Jan 1987

Applying Scriptural Exegesis To The Interpretation Of Article Iii Of The Constitution, Maria L. Ciampi

Duquesne Law Review

The community of constitutional scholars is sharply divided over the meaning of many of the Constitution's provisions and over the appropriate methodology of interpreting the constitutional text. A major controversy exists over whether the framers of the Constitution intended the judiciary to have the power of judicial review and, if so, whether the power was to be broadly or narrowly construed. One approach which may lead to a clearer understanding of the framers' intent in this regard is "redaction criticism" which employs principles of literary analysis developed by spiritual exegetes. Under this analysis, the authors' intent may be discovered through …


Artificial Intelligence: Can Computers Understand Why Two Legal Cases Are Similar?, 7 Computer L.J. 409 (1987), Celeste Tito Jan 1987

Artificial Intelligence: Can Computers Understand Why Two Legal Cases Are Similar?, 7 Computer L.J. 409 (1987), Celeste Tito

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Cuny Law School: Outside Perspectives And Reflections, Judith Kleinberg, Mark Barnes Jan 1987

Cuny Law School: Outside Perspectives And Reflections, Judith Kleinberg, Mark Barnes

Nova Law Review

Under the influences of legal realism and its modern variants in linguistic and psychoanalytic of law, critical legal studies, and social science approaches to law, significant departures from the Langdell's model curriculum have become common: first year courses on legal method or legal process; near-abandonment of the socratic method by some teachers and at some schools (Yale, for example); the use of non-case teaching materials in upper-level seminars; and extensive clinical programs.


The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner Jan 1987

The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner

Articles

No abstract provided.


Book Note, Notre Dame Law Review Editors Jan 1987

Book Note, Notre Dame Law Review Editors

Notre Dame Law Review

No abstract provided.


Self-Interest And The Constitution, Richard A. Epstein Jan 1987

Self-Interest And The Constitution, Richard A. Epstein

Articles

No abstract provided.


The "Political Propaganda" Label Under Fara: Abridgement Of Free Speech Or Legitimate Regulation?, Farrokh Jhabvala Jan 1987

The "Political Propaganda" Label Under Fara: Abridgement Of Free Speech Or Legitimate Regulation?, Farrokh Jhabvala

University of Miami Law Review

No abstract provided.


The United States And Antarctica: Rethinking The Interplay Of Law And Interests, Christopher C. Joyner, Ethel R. Theis Jan 1987

The United States And Antarctica: Rethinking The Interplay Of Law And Interests, Christopher C. Joyner, Ethel R. Theis

Cornell International Law Journal

No abstract provided.


The Rape Shield Paradox: Complainant Protection Amidst Oscillating Trends Of State Judicial Interpretation, Andrew Z. Soshnick Jan 1987

The Rape Shield Paradox: Complainant Protection Amidst Oscillating Trends Of State Judicial Interpretation, Andrew Z. Soshnick

Journal of Criminal Law and Criminology

No abstract provided.


Surrogacy V. The Thirteenth Amendment, Cyril C. Means Jr. Jan 1987

Surrogacy V. The Thirteenth Amendment, Cyril C. Means Jr.

NYLS Journal of Human Rights

No abstract provided.


A Thorn In The Side Of Privacy: The Need For Reassessment Of The Constitutional Right To Abortion, Kimberly A. Kunz Jan 1987

A Thorn In The Side Of Privacy: The Need For Reassessment Of The Constitutional Right To Abortion, Kimberly A. Kunz

Marquette Law Review

No abstract provided.


The Fact/Opinion Distinction: An Analysis Of The Subjectivity Of Language And Law, Michaele Sanders Jan 1987

The Fact/Opinion Distinction: An Analysis Of The Subjectivity Of Language And Law, Michaele Sanders

Marquette Law Review

No abstract provided.


The Failure Of Attacks On Constitutional Originalism, Earl M. Maltz Jan 1987

The Failure Of Attacks On Constitutional Originalism, Earl M. Maltz

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

No abstract provided.


Completing The Constitution: The Thirteenth Amendment, Michael P. Zuckert Jan 1987

Completing The Constitution: The Thirteenth Amendment, Michael P. Zuckert

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

No abstract provided.


Language Minority Voting Rights And The English Language Amendment, Valerie A. Lexion Jan 1987

Language Minority Voting Rights And The English Language Amendment, Valerie A. Lexion

UC Law Constitutional Quarterly

No abstract provided.


The Safe Schools Provision: Can A Nebulous Constitutional Right Be A Vehicle For Change, Stuart Biegel Jan 1987

The Safe Schools Provision: Can A Nebulous Constitutional Right Be A Vehicle For Change, Stuart Biegel

UC Law Constitutional Quarterly

No abstract provided.


Penumbra: The Roots Of A Legal Metaphor, Burr Henly Jan 1987

Penumbra: The Roots Of A Legal Metaphor, Burr Henly

UC Law Constitutional Quarterly

No abstract provided.


Brilliance Revisited, Daniel A. Farber Jan 1987

Brilliance Revisited, Daniel A. Farber

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

No abstract provided.


Education, Intelligence, And Character In Judges, John T. Noonan Jr. Jan 1987

Education, Intelligence, And Character In Judges, John T. Noonan Jr.

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

No abstract provided.


Secret Rights, Girardeau A. Spann Jan 1987

Secret Rights, Girardeau A. Spann

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

No abstract provided.


Dworkin Today, Paul H. Brietzke Jan 1987

Dworkin Today, Paul H. Brietzke

Valparaiso University Law Review

No abstract provided.


The Americanization Of The Railroad: Railroad Power In Norther Securities, 1903, And Mcclure's Magazine, 1896-1901, Susan Hoerchner Jan 1987

The Americanization Of The Railroad: Railroad Power In Norther Securities, 1903, And Mcclure's Magazine, 1896-1901, Susan Hoerchner

Valparaiso University Law Review

No abstract provided.


A Rose By Any Other Word: Mutual Mistake In Sherwood V. Walker, Robert Birmingham Jan 1987

A Rose By Any Other Word: Mutual Mistake In Sherwood V. Walker, Robert Birmingham

Faculty Articles and Papers

No abstract provided.


Legalese V. Plain English: An Empirical Study Of Persuasion And Credibility In Appellate Brief Writing, Robert W. Benson, Joan B. Kessler Jan 1987

Legalese V. Plain English: An Empirical Study Of Persuasion And Credibility In Appellate Brief Writing, Robert W. Benson, Joan B. Kessler

Loyola of Los Angeles Law Review

No abstract provided.