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Twisting The Tourniquet Around The Pulse Of Conventional Legal Wisdom: Jurisprudence And Law Reform In The Work Of Robert A Samek, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Despite some lingering reservations, after a reading and re-reading, analysis and counter-analysis, critique, reflection and synthesis of over thirty articles and two books, I now feel comfortable with Samek's work and confident enough to present this reconstruction of his theory in order that his thoughts will be more accessible to those who might be interested

Intellectual Integration, James Boyd White

Articles

In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …

Scope And Features

Women's Annotated Legal Bibliography

No abstract provided.

Ambiguity: The Hidden Hearsay Danger Almost Nobody Talks About, Paul Bergman

Kentucky Law Journal

No abstract provided.

Title Iv's "Never Never Land" When And How Victorious Insurgents Are To Be Installed In Union Office, Arthur L. Fox Ii

Hofstra Labor & Employment Law Journal

No abstract provided.

Constitutional Limits On The Power To Take Private Property: Public Purpose And Public Use, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The rights/freedoms dichotomy tacitly permeates Supreme Court ‘takings' jurisprudence, and it has an explanatory power which extends to virtually all ‘takings' cases decided by the Court. Its explanatory power does not, however, extend to the relatively few cases which involve the taking of ‘rights' for purely private use, that is rearrangements of existing private property rights, as opposed to takings for use by the government or its designees in some public service function. Because rearranging the existing pattern of private ownership takes ‘rights' and not mere ‘freedoms,’ we might expect, according to the rights/freedoms pattern, that the Court would uniformly …

Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain

Dalhousie Law Journal

There is no doubt that in the days of procedural refinements, arbitrary distinctions and uncertainty as to the purpose of judicial review, the subject was exceedingly complicated and unnecessarily subtle. With the new dominance of relatively simple concepts, and more obvious policy goals, we may reduce the subject to a wholesome simplicity, so that both the government and the citizens can know and understand their rights. To do so, we have to consider the fundamental concepts one by one, and then apply them to recent jurisprudence and to the policy of modern administrative law.

The Manitoba Language Rights Reference And The Doctrine Of Mandatory And Directory Provisions, Sydney B. Horton

Dalhousie Law Journal

In the Manitoba Language Rights Reference the Supreme Court of Canada determined that although there exists in Anglo-Canadian law a doctrine that makes a distinction between statutory provisions that are mandatory, in the sense that failure to comply with them will lead to invalidity of the act in question, and those that are directory, in the sense that failure to comply will not necessarily lead to such invalidity, the doctrine should not be applied when the constitutionality of legislation is in issue.' I propose to examine the rejection of the doctrine in Canada, to contrast the Court's reasoning with examples …

The Use Of Character To Prove Conduct: Rationality And Catharsis In The Law Of Evidence, David P. Leonard

University of Colorado Law Review

No abstract provided.

Copyright Infringement: Infringer's Bad Faith Conduct And Commercial Gain Negates Fair Use, Judith Thais Gibson

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Law, Time, And Community, David M. Engel

Journal Articles

Research concerning law and social change has almost always treated time as a universal constant and a baseline against which variations in behavior can be measured. Yet a significant literature exists demonstrating that researchers can also regard time as a socially constructed phenomenon requiring analytic interpretation in its own right. This article explores two aspects of the human experience of time that were especially important for the residents of a rural American community: the sense of time's iterative character and its linear or irreversible quality. These two ways of experiencing and conceptualizing time played a significant part in efforts by …

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

Case Western Reserve Law Review

No abstract provided.

Chapter 13: Miscellany

Women's Annotated Legal Bibliography

Career — p. 245

Language — p. 246

Philosophical Issues — p. 247

The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr

Faculty Works

The Hopi Indians of northeastern Arizona have existed as a stable or steady state society for a thousand years or more, and, even though they have felt the impact of white growth society in this century, they have maintained a greater cultural integrity than any other native people in the United States. This Article examines traditional Hopi values and institutions, especially their law. Hopi thinking and social organization were shaped by a profound reverence for their environment and an equally profound awareness of the constraints it imposed. With its growing sense of a need for balance with the environment, modern …

Rules Of Origin Or Rules Of Restriction? A Commentary On A New Form Of Protectionism, N. David Palmeter

Fordham International Law Journal

Part I of this Article discusses the development of the basic United States rule of origin, the "substantial transformation" test, and its application to the various country of origin determinations required by U.S. law. Part II examines the application of the substantial transformation test to imports that compete with two politically powerful domestic industries, textiles and steel. Part III surveys the requirements for marking goods.

On Reason And Authority In Law's Empire, John M. Finnis

Journal Articles

Law's Empire will shape jurisprudence by its admirably resourceful attention to understanding a community's law "internally". It promotes reflective understanding of the practical argumentation constitutive of the attitude(s) in which that law subsists. But the book neglects some of practical understanding's resources of political and moral theory, and overestimates practical reasoning's power to identify options as the best and the right)

Practical Principles, Moral Truth, And Ultimate Ends, John M. Finnis, Germain Grisez, Joseph Boyle

Journal Articles

The natural-law theory on which we have been working during the past twenty-five years has stimulated many critical responses. We have restated the theory in various works, not always calling attention to developments. This paper reformulates some parts of the theory, taking into account the criticisms of which we are aware.

Rico: The Crime Of Being A Criminal Parts Iii And Iv, Gerard E. Lynch

Faculty Scholarship

In the first portion of this study, we saw that the Supreme Court in its 1981 Turkette decision endorsed what was already the consensus view of the courts of appeals that a group of individuals associated in fact to pursue entirely illegitimate purposes could constitute a RICO enterprise. Prosecutions of such associations have quickly become the leading use of the statute. It can be reliably estimated that more than forty percent of the reported appellate cases involving RICO indictments concern prosecutions in which the alleged enterprise was such an illicit association. When the cases are classified by the nature of …

Thinking About Our Language, James Boyd White

Articles

Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion or …

Economics And Law: Two Cultures In Tension, James Boyd White

Articles

I want to preface my remarks by saying something about the kind of talk this is going to be. As my title says, I shall speak mainly about economics and law, which I shall examine as forms of thought and life, or what I shall call cultures. With law, about which in fact I shall speak rather briefly, I am naturally familiar by training and experience. But with economics I am familiar only as an observer­ as a general reader who reads the newspaper, as a lawyer who has followed a little of the law and economics literature, and as …

Contract Interpretation: The Plain Meaning In Labor Arbitration, Carlton J. Snow

Fordham Law Review

No abstract provided.

Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag

Publications

No abstract provided.

International Trademark Protection For Computer Products: How To Make A Mark In Foreign Markets , Lee Bendekgey

Santa Clara High Technology Law Journal

No abstract provided.

Dworkin's Domain, Philip E. Soper

Reviews

No one has done more in the last twenty years to revitalize debates about how judges should and do decide cases than Ronald Dworkin. At the same time, no one has been more equivocal than Dworkin in explaining how a theory of adjudication bears on the dispute within legal theory about the connection between law and morality. This fine book continues both traditions.

Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power

Faculty Scholarship

Nowadays government regulation of the use of urban land is taken for granted. Such was not always the case. Some sixty years ago, the Maryland Court of Appeals held it unconstitutional for Zoning Commissioner J. Frank Crowther to deny a request for a permit to operate a tailor shop in the basement of a Eutaw Place home. This paper examines the case of Goldman v. Crowther. Goldman's story reads like a comic melodrama with a tragic ending. But the saga also illuminates the social condition - it sheds light and casts shadows on the practice of xenophobia, the nature …

Porfiry's Proposition: Legitimacy And Terrorism, Thomas M. Franck, Scott C. Senecal

Vanderbilt Journal of Transnational Law

Suppose that, in 1938, the Prague government of President Edvard Benes, foreseeing the inevitable dismemberment of Czechoslovakia after the Munich Pact, had infiltrated a trained death squad of German Jewish exiles across the German border, in civilian clothing, to assassinate Adolf Hitler. Suppose they had succeeded and had then fled to Holland.

How should international law govern this hypothetical event? Should it require Holland either to try the assassins for murder or to return them to Germany for trial? Or should it exculpate, even commend, the assassins for a job well done? Or should the law remain silent? Would the …

Law And Metaphysics, Charles M. Yablon

Articles

No abstract provided.

Translator's Introduction: The Force Of Law: Toward A Sociology Of The Juridical Field, Richard Terdiman

UC Law Journal

No abstract provided.

The Force Of Law: Toward A Sociology Of The Juridical Field, Pierre Bourdieu

UC Law Journal

No abstract provided.

Critical Legal Studies: The Death Of Transcendence And The Rise Of The New Langdells, Joan C. Williams

Faculty Scholarship

No abstract provided.