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Constitutional Law: Dow Chemical Co. V. United States: Aerial Searches, Business Premises, And The Fourth Amendment, Wade R. Wright

Oklahoma Law Review

No abstract provided.

Adjudication Is Not Interpretation: Some Reservations About The Law-As-Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

Among other achievements, the modern law-as-literature movement has prompted increasing numbers of legal scholars to embrace the claim that adjudication is interpretation, and more specifically, that constitutional adjudication is interpretation of the Constitution. That adjudication is interpretation -- that an adjudicative act is an interpretive act -- more than any other central commitment, unifies the otherwise diverse strands of the legal and constitutional theory of the late twentieth century.

In this article, I will argue in this article against both modern forms of interpretivism. The analogue of law to literature, on which much of modern interpretivism is based, although fruitful, …

The Universal And The Particular In Legal Discourses, George P. Fletcher

Faculty Scholarship

My target in this article is a set of views that I shall call the functionalist perspective of comparative law. Of course, the word "functionalist" stands for a number of different theories. In order to be precise about the view that I oppose, I shall set my sights on the arguments developed in Otto Kahn-Freund's inaugural lecture Comparative Law as an Academic Subject, published two decades ago.

Secret Rights, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Since the seventeenth century, when the concept of rights first came into vogue, philosophers and social theorists have struggled to articulate an acceptable theory of individual rights, but their efforts remain largely unsatisfactory. Without exception, each effort falters when it attempts to describe the contours of the rights that are entitled to protection or to explain the ways in which competing claims of right should interact. This is true whether a theorist seeks to define a right through reference to its substantive content or through reference to the procedures by which the right can be recognized. Given the collective stature …

On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Critical legal scholarship challenges the liberal claim that modern western societies are characterized by "the rule of law." The liberal conception of the rule of law, critical scholars contend, serves to mystify and legitimate the legal system and thereby obscure the real issues behind individual cases as well as the real nature of the legal system. Frequently, the claim that legal rules are indeterminate is the starting point for such a critique of the rule of law. What I call the indeterminacy thesis goes roughly like this: the existing body of legal doctrines-statutes, administrative regulations, and court decisions-permits a judge …

Foreign States And The Constitution, Lori Fisler Damrosch

Faculty Scholarship

This article does not advocate judicial abstention from deciding the constitutional claims of foreign sovereigns. Rather, the argument is that constitutional claims against the actions of the federal political branches must fail on the merits because of the relationship of foreign states to the federal structure. When, on the other hand, a claim does not directly confront or conflict with the political branches' foreign policy, the federal courts should adjudicate the merits of foreign state claims by applying constitutional jurisprudence to sustain or reject the claim. Part III of this article elaborates upon the relationship between the thesis in Part …

Integration Through Law: Europe And The American Federal Experience. Vol. 1: Methods, Tools And Institutions (Cappelletti, Seccombe & Weiler Eds.), George A. Bermann

Fordham International Law Journal

No abstract provided.

Alternative Methodology In Contemporary Jurisprudence: Comments On Dworkin, Philip Soper

Journal of Legal Education

No abstract provided.

Writing Briefs For Federal Litigation: The Province Of The Elect, Judith A. Finn

Tulsa Law Review

No abstract provided.

Law, Economics, And The Problem Of Legal Culture, Bruce A. Ackerman

Duke Law Journal

No abstract provided.

Vol. 35, No. 11, November 19, 1986, University Of Michigan Law School

Res Gestae

•Fried Defends Role of Solicitor General's Office •Schauer Explains Porn Commission Report •Loan Forgiveness Plan Adopted •Senate Limits Undergrad Access to Bar •Dropping Like Flies •Dean Search Info Released •Eklund: Ethics Required •Electoral College Defended •Rozen Attacks ''Review'' Article •Constitution Wished Away •DeRoy Fellow Fried Criticizes Roe •Public Interest Work Earns Loan Forgiveness • Porn Commission Discussed •Report's Treatment Discouraging •Diversions •Interviewing Play: A Farce or Tragedy? •Law In The Raw

A Last Word On Eminent Domain, Richard A. Epstein

University of Miami Law Review

No abstract provided.

An Essay On Discretion, George C. Christie

Duke Law Journal

No abstract provided.

The Social Science Evidence On Bilingual Education, Christine H. Rossell, J. Michael Ross

The Journal of Law and Education

No abstract provided.

The Judiciary's Use Of Metaphors, Metonymies And Other Tropes To Give First Amendment Protection To Students And Teachers, Haig Bosmajian

The Journal of Law and Education

No abstract provided.

Coping With Uncertainty In The Law, Ellen Ash Peters

Faculty Articles and Papers

No abstract provided.

Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay

Dalhousie Law Journal

While it may be in questionable taste to begin an article on equality with a poem that uses "man" in the global sense, John Donne's words do evoke a sense of community that feminists would applaud.' The tension between an individualistic and communitarian approach to the world is crucial to how equality will be defined in Canada. Violations of equality diminish the rights and dignity of all Canadians and not just the particular individuals or the specific groups who are the immediate victims of inequality. This recognition is only the beginning of the complex task of defining equality as guaranteed …

The Debtor's Dilemma: Disposable Income As The Cost Of Chapter 13 Discharge In Consumer Bankruptcy, Joseph P. Corish, Michael J. Hebert

Louisiana Law Review

No abstract provided.

The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning

Washington and Lee Law Review

No abstract provided.

Conceptual Analysis And The Virtues And Vices Of Professor Westen’S Linguistics, Timothy P. Terrell

Duke Law Journal

No abstract provided.

Barzilai V. Government Of Israel, Meir Shamgar, Aharon Barak

Translated Opinions

The petitions to the court related to the decision of the President of the State to pardon the Head of the General Security Service (G.S.S.) and three of his assistants in respect of all the offences attributed to them connected with the incident known as "bus no. 300". The pardons were granted by the President under sec. 11 (b) of the Basic Law: The President of the State, by which he is empowered "to pardon offenders and to lighten penalties by the reduction or commutation thereof." The principal issue raised in the petitions was whether the President had the power …

Vol. 9 No. 3 (1986): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Semiotics And Methods Of Legal Inquiry: Interpretation And Discovery In Law From The Perspective Of Peirce's Speculative Rhetoric, Roberta Kevelson

Indiana Law Journal

Symposium: Semiotics, Dialectic, and the Law Held at Indiana University School of Law - Oct. 13, 1984

Historical Aspects Of Legal Interpretation, Peter Goodrich

Indiana Law Journal

Symposium: Semiotics, Dialectic, and the Law Held at Indiana University School of Law - Oct. 13, 1984

Postwar French Foreign Claims Practice: Adjudication By National Commissions-An Introductory Note, Burns H. Weston

Indiana Law Journal

Symposium on International Procedures to Protect Private Rights

Toward A Legal Dialectic, Reed Dickerson

Indiana Law Journal

SYMPOSIUM: Semiotics, Dialectic, and the Law Held at Indiana University School of Law - Oct. 13, 1984

The Semantics Of Common Law Predicates, M.B. W. Sinclair

Indiana Law Journal

Symposium: Semiotics, Dialectic, and the Law Held at Indiana University School of Law - Oct. 13, 1984

Language And The Transformation Of Consciousness, Julia Penelope

Minnesota Journal of Law & Inequality

No abstract provided.

Criminal Liability For Failures To Act, John Kleinig

Law and Contemporary Problems

No abstract provided.

A Reprise Of Warrants, Probable Cause, And Articulable Suspicion In Immigration Enforcement—Laduke V. Nelson, 762 F.2d 1318 (9th Cir. 1985), Barbara J. Selberg

Washington Law Review

This Note analyzes LaDuke v. Nelson, in which the Ninth Circuit held that the farm and ranch check practices of the INS violated the fourth amendment in that seizures were made without warrants, probable cause, or articulable suspicion of illegal alienage. The court's alternative holding criticized the INS for conducting searches without warrants, probable cause, or effective consent. For LaDuke to stand it must be carefully distinguished from the Supreme Court's most recent fourth amendment decisions, which juxtapose the individual's interest in privacy and security with the government's interest in effective law enforcement. LaDuke should stand because it provides an …