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Articles 15091 - 15120 of 16578
Full-Text Articles in Entire DC Network
American Legal Culture And Traditional Scholarly Order, Christian Atias, Alain A. Levasseur
American Legal Culture And Traditional Scholarly Order, Christian Atias, Alain A. Levasseur
Louisiana Law Review
No abstract provided.
Native-Born Acadians And The Equality Ideal, James Harvey Domengeaux
Native-Born Acadians And The Equality Ideal, James Harvey Domengeaux
Louisiana Law Review
No abstract provided.
Justification And Excuse In The Program Of The Criminal Law, Donald L. Horowitz
Justification And Excuse In The Program Of The Criminal Law, Donald L. Horowitz
Law and Contemporary Problems
No abstract provided.
Bibliography On Responsibility, Kate Pecarovich
Bibliography On Responsibility, Kate Pecarovich
Law and Contemporary Problems
No abstract provided.
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Articles
The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …
May Officials Think Religiously?, Frederick Schauer
May Officials Think Religiously?, Frederick Schauer
William & Mary Law Review
No abstract provided.
Introduction To Religion And The State, Gene R. Nichol
Introduction To Religion And The State, Gene R. Nichol
William & Mary Law Review
No abstract provided.
Comment On "The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment", Michael J. Perry
Comment On "The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment", Michael J. Perry
William & Mary Law Review
No abstract provided.
Judges And Juries: Separate Moments In The Same Phenomenon, Gerald Torres, Donald P. Brewster
Judges And Juries: Separate Moments In The Same Phenomenon, Gerald Torres, Donald P. Brewster
Minnesota Journal of Law & Inequality
No abstract provided.
Law And Letters In American Culture, Lee W. Brooks
Law And Letters In American Culture, Lee W. Brooks
Michigan Law Review
A Review of Law and Letters in American Culture by Robert A. Ferguson
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Michigan Law Review
A Review of Verdict According to Conscience by Thomas Andrew Green
State Constitutional Law: Federalism In The Common Law Tradition, Ellen A. Peters
State Constitutional Law: Federalism In The Common Law Tradition, Ellen A. Peters
Michigan Law Review
A Review of Developments in State Constitutional Law edited by Bradley D. McGraw
Thinking About Nonliteral Interpretations Of The Internal Revenue Code, Lawrence Zelenak
Thinking About Nonliteral Interpretations Of The Internal Revenue Code, Lawrence Zelenak
North Carolina Law Review
No abstract provided.
Should Undocumented Aliens Be Eligible For Resident Tuition Status At State Universities, Nancy J. Brinkac
Should Undocumented Aliens Be Eligible For Resident Tuition Status At State Universities, Nancy J. Brinkac
San Diego Law Review
This Comment examines the eligibility rules governing residence tuition status at state universities and focuses on the limitations of the rules and their effect on the undocumented alien population. The author argues that tuition status at state colleges and universities is generally reserved for lawful residents and citizens only and analyzes this policy under equal protection doctrine. The author concludes that the discriminatory impact these rules have on undocumented aliens fails to promote a substantial governmental interest and thus violate the equal protection clause.
Vol. 34, No. 12, January 15, 1986, University Of Michigan Law School
Vol. 34, No. 12, January 15, 1986, University Of Michigan Law School
Res Gestae
•Professor Martin Dead at Forty-One •Moot Court Competition Quarter Finals Approach •Picozzi Suit Is Dismissed •Law Senate Gets Rolling •Jim Martin's Life and Letters •Bitches and Moans •Holden Caulfield Roams Lawyers 'Club •Law in the Raw
The Waiver Of Immunity In The Equal Access To Justice Act: Clarifying Opaque Language, Arlene S. Ragozin
The Waiver Of Immunity In The Equal Access To Justice Act: Clarifying Opaque Language, Arlene S. Ragozin
Washington Law Review
This Comment first summarizes the relevant statutes and key judicial opinions in the section 2412(b) controversy. It then analyzes the disputed text, the impact of alternative textual interpretations on the EAJA as a whole, congressional intent as revealed by the Act's legislative history, and the potential limitations created by the doctrine of sovereign immunity. This Comment argues that the text of the Act creates a presumption that section 2412(b) imposes liability for attorneys' fees on the United States when the government commits an act which would impose such liability on another party. None of the other factors analyzed rebut the …
China Special Economic Zones In Perspective: A Contextual Discussion With Emphasis On The Shekou Industrial Zone, Charles C. Valauskas
China Special Economic Zones In Perspective: A Contextual Discussion With Emphasis On The Shekou Industrial Zone, Charles C. Valauskas
UC Law SF International Law Review
This Article analyzes the unique role of Special Economic Zones in modem China. The author first discusses the historical background of the zone concept, and the creation of the zones. Next, the author focuses on the Shekou Industrial Zone to demonstrate the practical problems which face foreign corporations wishing to conduct business within a Special Economic zone. Particular emphasis is placed upon the unpredictability of the Chinese legal system, especially the vague and ambiguous statutes which regulate zone activities.
Images From Abroad: Making Direct Broadcasting By Satellites Safe For Sovereignty, Joel R. Paul
Images From Abroad: Making Direct Broadcasting By Satellites Safe For Sovereignty, Joel R. Paul
UC Law SF International Law Review
Today, with the use of Direct Broadcasting Satellites (DBS), television programs can be sent from one end of the globe to the other. This new technology has created a conflict between Western nations that wish to broadcast programs internationally and the Soviet Union and less developed countries that wish to restrict the flow of Western information into their territories. This Article analyzes this conflict and considers various suggested regulatory approaches.
A Last Word On Eminent Domain, Richard A. Epstein
A Last Word On Eminent Domain, Richard A. Epstein
Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner
Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner
Articles
A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the concepts of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless …
Positive And Negative Constitutional Rights, David P. Currie
Positive And Negative Constitutional Rights, David P. Currie
Articles
No abstract provided.
Past And Future: The Temporal Dimension In The Law Of Property, Richard A. Epstein
Past And Future: The Temporal Dimension In The Law Of Property, Richard A. Epstein
Articles
No abstract provided.
Using The Fair Sentencing Act To Protect The Criminal Defendant, Valerie B. Spalding
Using The Fair Sentencing Act To Protect The Criminal Defendant, Valerie B. Spalding
Campbell Law Review
This Survey provides a guide to defense attorneys who must deal with the statutory aggravating and mitigating factors set out in the Fair Sentencing Act. The Survey reviews the major cases handed down by the North Carolina Supreme Court since the Act was passed. It then concentrates on all cases from the appellate courts from August 1981 through August 1986, with a view to analyzing each aggravating and mitigating factor. The Survey seeks to show what factors are most likely to result in a remand for resentencing on appeal, and what elements each factor should contain for a successful appeal.
Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin
UIC Law Review
No abstract provided.
Competition Between National Economies And Competition Between Businesses--A Response To Judge Pescatore, Giuliano Marenco
Competition Between National Economies And Competition Between Businesses--A Response To Judge Pescatore, Giuliano Marenco
Fordham International Law Journal
This Article challenges the validity of Judge Pescatore’s theory [that Member States of the ECC are prevented by Community law from intervening in the marketplace by legislation].
Principles Of Contract Interpretation: Interpreting Collective Bargaining Agreements, Jay E. Grenig
Principles Of Contract Interpretation: Interpreting Collective Bargaining Agreements, Jay E. Grenig
Faculty Publications
No abstract provided.
Business Necessity In Title Viii: Importing An Employment Discrimination Doctrine Into The Fair Housing Act, Christopher P. Mccormack
Business Necessity In Title Viii: Importing An Employment Discrimination Doctrine Into The Fair Housing Act, Christopher P. Mccormack
Fordham Law Review
No abstract provided.
The Use And Effectiveness Of Economic Sanctions Against Nations That Violate Human Rights: Can The United States Force Reform On South Africa, R. Blair Thomas
The Use And Effectiveness Of Economic Sanctions Against Nations That Violate Human Rights: Can The United States Force Reform On South Africa, R. Blair Thomas
NYLS Journal of Human Rights
No abstract provided.
A View From The Other Side Of The Bench, Shirley S. Abrahamson
A View From The Other Side Of The Bench, Shirley S. Abrahamson
Marquette Law Review
No abstract provided.