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Articles 15181 - 15210 of 16578
Full-Text Articles in Entire DC Network
Law As A Social Science, R. Lynn Campbell
Law As A Social Science, R. Lynn Campbell
Dalhousie Law Journal
Law is offered as an undergraduate social science discipline at Carleton University. Students may take programmes leading to both Major and Honours B.A. degrees in law or may also undertake the study of law in a combined Major or Honours programme in conjunction with another discipline. Successful completion of any programme does not qualify the graduate for admission to any bar admission programme nor is any credit given towards a law degree for courses taken at Carleton.' The purpose of the programme is to promote an awareness of the place of rules respecting human conduct in political, social and economic …
Patriation Of The Canadian Constitution: Comparative Federalism In A New Context, William C. Hodge
Patriation Of The Canadian Constitution: Comparative Federalism In A New Context, William C. Hodge
Washington Law Review
The Canadian constitution, also known as the British North America Act, 1867, has been "patriated." Of that bundle of sticks that, fastened together, constitute sovereign autonomy, a significant few continued to rest with the British Parliament until 1982—a condition the Canadians found humiliating and the British embarrassing. With the passage of the Canada Act by the Parliament of the United Kingdom on March 29, 1982, and with royal approval, the Canadians became masters of their own house, having gained complete internal powers of constitutional amendment. But an equally important constitutional event was the process of patriation itself inasmuch as it …
Cuban Cigars, Cuban Books, And The Problem Of Incidental Restrictions On Communications, Frederick Schauer
Cuban Cigars, Cuban Books, And The Problem Of Incidental Restrictions On Communications, Frederick Schauer
William & Mary Law Review
No abstract provided.
Limits On Scientific Expression And The Scope Of First Amendment Analysis, Martin H. Redish
Limits On Scientific Expression And The Scope Of First Amendment Analysis, Martin H. Redish
William & Mary Law Review
No abstract provided.
“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen
“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen
Duke Law Journal
Much has changed since young Thomas Jefferson took up his quill pen in the winter of 1781 and wrote by candlelight about "freedom" and "coercion." More has changed since Plato lauded freedom and derogated coercion two thousand years earlier. 2 The material changes in the way we live are obvious. The normative changes in what we value -- in what we regard as good and evil, right and wrong -- are equally dramatic: the abolition of chattel slavery, the disestablishment of religion, the end of indentured servitude, the demise of monarchy, the prohibition of torture and blood sanctions, the banning …
Res Ipsa Loquitur, Seton Hall University School Of Law
Res Ipsa Loquitur, Seton Hall University School Of Law
Newspapers
No abstract provided.
Gay Rights And The Constitution: An Essay On Constitutional Theory, Practice, And Dronenburg V. Zech, Richard B. Saphire
Gay Rights And The Constitution: An Essay On Constitutional Theory, Practice, And Dronenburg V. Zech, Richard B. Saphire
University of Dayton Law Review
No abstract provided.
Proposed Florida International Arbitration Act, Carlos E. Loumiet, Juan T. O'Naghten, Alan C. Swan
Proposed Florida International Arbitration Act, Carlos E. Loumiet, Juan T. O'Naghten, Alan C. Swan
University of Miami Inter-American Law Review
No abstract provided.
Equal Educational Opportunity For Children With Special Needs: The Federal Role In Australia, Betsy Levin
Equal Educational Opportunity For Children With Special Needs: The Federal Role In Australia, Betsy Levin
Law and Contemporary Problems
No abstract provided.
Dronenburg V. Zech: The Wrong Case For Asserting A Right Of Privacy For Homosexuals, Katherine M. Allen
Dronenburg V. Zech: The Wrong Case For Asserting A Right Of Privacy For Homosexuals, Katherine M. Allen
North Carolina Law Review
No abstract provided.
Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson
Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson
Washington Law Review
This article examines studies tending to cast doubt on the existence of any special faculty that enables psychoanalytically trained experts to discern the historical truth. It then illustrates, by examining the events at one trial, the distortions in the trial process that can arise when experts do purport to resolve issues of historical truth. Finally, it suggests some solutions to the problems described.
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
All Faculty Scholarship
The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.
The Opinion Volume 25 Number 9 – February 13, 1985, The Opinion
The Opinion Volume 25 Number 9 – February 13, 1985, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 13, 1985
Blame The Messenger: Summers On Fuller, Paul A. Lebel
Blame The Messenger: Summers On Fuller, Paul A. Lebel
Michigan Law Review
A Review of Lon L. Fuller by Robert S. Summers
Worlds Beyond Theory: Toward The Expression Of An Integrative Ethic For Self And Culture, Peter Read Teachout
Worlds Beyond Theory: Toward The Expression Of An Integrative Ethic For Self And Culture, Peter Read Teachout
Michigan Law Review
A Review of When Words Lose Their Meaning: Constitutions and Reconstitutions of Language, Character, and Community by James Boyd White
Remade In Japan, Jennifer Friesen
Remade In Japan, Jennifer Friesen
Michigan Law Review
A Review of Japan's Reshaping of American Labor Law by William B. Gould
Sex Discrimination In The Supreme Court—A Comment On Sex Equality, Sex Differences, And The Supreme Court, Earl M. Maltz
Sex Discrimination In The Supreme Court—A Comment On Sex Equality, Sex Differences, And The Supreme Court, Earl M. Maltz
Duke Law Journal
No abstract provided.
A Rational Approach To Responsibility, Christopher Slobogin
A Rational Approach To Responsibility, Christopher Slobogin
Michigan Law Review
A Review of Law and Psychiatry: Rethinking the Relationship by Michael S. Moore
Class Of 1985 Fifteen Year Report Alumni Comments, University Of Michigan Law School
Class Of 1985 Fifteen Year Report Alumni Comments, University Of Michigan Law School
UMLS Alumni Survey Class Reports
This addendum is a compilation of alumni responses to the open-ended comments sections.
Contract Compensation In Nonmarket Transactions, Joseph P. Tomain
Contract Compensation In Nonmarket Transactions, Joseph P. Tomain
Faculty Articles and Other Publications
Professor Tomain assails the myths holding that contract law is either complete and unitary or hopelessly indeterminate. He contends that a distinction must be made between market situations, which require a more formal analysis, and nonmarket transactions to which a more particularized analysis should be applied. Making the market/nonmarket distinction permits flexibility of methodology and considerations of economics, politics, and morals as appropriate, without forcing the conclusion that contracts analysis is totally without structure. Professor Tomain advocates application of reflective doctrinal analysis which tests the sufficiency of a rule of law and reforms the rule if it is not supported …
Suicide: A Constitutional Right?, Thomas J. Marzen, Mary K. O'Dowd, Daniel Crone, Thomas J. Balch
Suicide: A Constitutional Right?, Thomas J. Marzen, Mary K. O'Dowd, Daniel Crone, Thomas J. Balch
Duquesne Law Review
Recent advocacy of a right to suicide raises the question of whether statutes which penalize the assistance of suicide and the widespread practice of intervention to stop suicide attempts are unconstitutional. This article considers the claim that the right of privacy or substantive due process encompasses autonomy to do whatever affects no one else, and concludes that the Supreme Court has recognized only those forms of autonomy that it has deemed to be rooted in the traditions and history of our society. After outlining the attitudes toward suicide at various stages in Western Civilization, focusing on Anglo- American history and …
Whither Jurisprudence?, Anthony D'Amato
Whither Jurisprudence?, Anthony D'Amato
Faculty Working Papers
After considering the side road of critical legal studies, I shall try to indicate the major signposts to a more complete jurisprudence. These signposts take the form of questions or anomalies in our present understanding of law. I will conclude that only by following these signposts, by exploring these questions and anomalies, will we begin to uncover the nature of law and justice.
Rule 1.540(B), Florida Rules Of Civil Procedure: In Search Of An Equitable Standard Of Relief From Fraud, C. Timothy Gray
Rule 1.540(B), Florida Rules Of Civil Procedure: In Search Of An Equitable Standard Of Relief From Fraud, C. Timothy Gray
Florida State University Law Review
No abstract provided.
International Human Rights And Cultural Relativism, Fernando R. Tesón
International Human Rights And Cultural Relativism, Fernando R. Tesón
Scholarly Publications
I will argue that cultural relativism cannot be reconciled with the recognition in international law of fundamental rights of the individual. Part II will demonstrate that positive international law does not recognize cultural diversity as a justification for the failure to observe human rights. In Part HI, I will argue further that ethical relativism is a philosophically untenable position. Part IV includes a brief exposition on and critique of two by-products of relativism: the elitist and conspiracy theories of human rights. Finally, Part V sets forth some general conclusions.
California Contractual Indemnity, Ray J. Artiano, James F. Holtz
California Contractual Indemnity, Ray J. Artiano, James F. Holtz
McGeorge Law Review
No abstract provided.
The Florida Legislature Tolls The Death Knell For Interspousal Immunity In Tort, Lansing C. Scriven
The Florida Legislature Tolls The Death Knell For Interspousal Immunity In Tort, Lansing C. Scriven
Florida State University Law Review
No abstract provided.
Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman
Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman
Law Faculty Research Publications
No abstract provided.
Book Review: Turings's Man: Western Culture In The Computer Age, 5 Computer L.J. 605 (1985), David M. Walsh
Book Review: Turings's Man: Western Culture In The Computer Age, 5 Computer L.J. 605 (1985), David M. Walsh
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Legal Protection For Microcode And Beyond: A Discussion Of The Applicability Of The Semiconductor Chip Protection Act And The Copyright Laws To Microcode, 6 Computer L.J. 187 (1985), John R. Harris
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Recovery For Mental Harm Under Article 17 Of The Warsaw Convention: An Interpretation Of Lesion Corporelle, Dana Stanculescu
Recovery For Mental Harm Under Article 17 Of The Warsaw Convention: An Interpretation Of Lesion Corporelle, Dana Stanculescu
UC Law SF International Law Review
The Warsaw Convention limits recovery in litigation involving international aircraft accidents. Although the text of the Convention originally was drafted in French, United States courts generally rely on an English translation for interpretation. This Note illustrates potential difficulties based on the use of each of these versions and focuses on the concept of "mental anguish" and its diverging interpretations under the civil-law and common- law systems. The Note concludes that uniformity of interpretation is best served if the French legal meaning of any controverted term is treated as controlling.