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Articles 15271 - 15300 of 16578
Full-Text Articles in Entire DC Network
Foreseeability In Contract And Tort: The Problems Of Responsibility And Remoteness, Banks Mcdowell
Foreseeability In Contract And Tort: The Problems Of Responsibility And Remoteness, Banks Mcdowell
Case Western Reserve Law Review
No abstract provided.
Negotiating An International Technology Joint Venture, James A. Dobkin
Negotiating An International Technology Joint Venture, James A. Dobkin
Connecticut Journal of International Law
Consider a hypothetical United States corporation, BathyTech Industries,' that for three years has been involved in the research and development of bathymetric navigation technology.' BathyTech's research department has made significant advances toward developing a prototype system. However, it has expended very considerable sums and substantial additional risk capital is necessary to bring the product to the point of commercial application. BathyTech has not previously marketed navigational systems, and has little experience in marketing outside the United States. Nevertheless, there is substantial market demand for an effective bathymetric navigation system. The board of directors and management are reluctant to invest the …
One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon
One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon
Articles
This article describes an innovation in legal education and speculates about its importance and effectiveness as an educational tool. The speculations about its potential use, however, are ones that each legal educator will be able to test individually to determine the effectiveness of this use of microcomputers to improve legal education. The computer software that permits the innovation to be used will be available to interested persons by the time that this article is published.
Administrative Procedure (Annual Survey Of Virginia Law, 1985), John Paul Jones
Administrative Procedure (Annual Survey Of Virginia Law, 1985), John Paul Jones
Law Faculty Publications
Both the General Assembly and the Supreme Court of Virginia have been active recently in administrative law. For the past three years, a broadly-based movement for bureaucratic reform has influenced the legislative and executive branches of state government. The instrument for formal expression of this reform has been the Governor's Regulatory Reform Advisory Board. In 1985, the General Assembly and the Governor responded obligingly to a second round of suggestions from the Board for amendment of the commonwealth's general administrative process act. These legislative changes involved the definition of regulation, i.e., the output of a statutorily controlled administrative rulemaking process, …
Law, Literature, And The "Conversation Of Mankind", John D. Ayer
Law, Literature, And The "Conversation Of Mankind", John D. Ayer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Blame This Messenger: Summers On Fuller, Paul A. Lebel
Blame This Messenger: Summers On Fuller, Paul A. Lebel
Faculty Publications
No abstract provided.
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Publications
No abstract provided.
On 'Positivism' And 'Legal Rational Authority', John M. Finnis
On 'Positivism' And 'Legal Rational Authority', John M. Finnis
Journal Articles
This Article critiques Anthony Kronman’s book Max Weber, which provides an interpretation of Weber’s social theory of law concerning positivism and legal rational authority. In particular, the three premises of Kronman’s thesis regarding social theory are considered and their weaknesses are explained. Through this critique, the Author argues that no good reason has been presented to accept that Weber’s positivist theory is of value.
The Seamy Underside Of Constitutional Law, Paul H. Brietzke
The Seamy Underside Of Constitutional Law, Paul H. Brietzke
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Mythic Difficulty In Proving A Negative, Kevin W. Saunders
The Mythic Difficulty In Proving A Negative, Kevin W. Saunders
Seton Hall Law Review
No abstract provided.
Status Offenders And The New Jersey Code Of Juvenile Justice, John M. Simon
Status Offenders And The New Jersey Code Of Juvenile Justice, John M. Simon
Seton Hall Law Review
No abstract provided.
The Definition Of A Security Under The Federal Securities Law Revisited, Tom Arnold
The Definition Of A Security Under The Federal Securities Law Revisited, Tom Arnold
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
A Symposium Of Critical Legal Studies: Introduction, James Boyle
A Symposium Of Critical Legal Studies: Introduction, James Boyle
Faculty Scholarship
No abstract provided.
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair
Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair
Articles by Maurer Faculty
In everyday conversation social conventions constrain our speech and aid understanding of the speech of others. These social conventions have been analyzed by the philosopher H.P. Grice and others. Professor Sinclair explores the applicability of such conventions to statutes and thereby derives a set of pragmatic rules of statutory construction. These rules explain some of the intuitions underlying "canons of construction" and their limitations and provide a basis for understanding and for criticizing some important judicial decisions.
Equalities Real And Ideal: Affirmative Action In Indian Law Review, Lance Liebman
Equalities Real And Ideal: Affirmative Action In Indian Law Review, Lance Liebman
Faculty Scholarship
American legal scholars have devoted surprisingly little effort to studying India. In India, as in America, judges, lawyers, and legislators have had to shape a transplanted legal system with English roots. Both countries have adapted English legal institutions to conditions far more heterogeneous – ethnically, racially, linguistically,and geographically – than those of the mother country. It thus seems no accident that India's constitutional structure parallels that of the United States in so many ways. For example, India has a written constitution that embodies principles of federalism and separation of powers, and that provides for judicially enforced guarantees of individual rights. …
The Limits Of Expanded Choice: An Analysis Of The Interactions Between Express And Implied Contract Terms, Charles J. Goetz, Robert E. Scott
The Limits Of Expanded Choice: An Analysis Of The Interactions Between Express And Implied Contract Terms, Charles J. Goetz, Robert E. Scott
Faculty Scholarship
Although trade and its defining terms lie at the very core of contract law, perceptions of the state's involvement in the exchange process remain peculiarly incomplete. Everyone understands that the state supplies the fundamental property-defining rules for pre-trade endowments. For instance, governmentally provided rules of tort, nuisance, and civil rights establish basic boundaries of what initially belongs to an individual and, hence, what he has to offer in exchange. When an exchange subsequently takes place, however, the parties themselves assume an important part of the burden of communicating what rights are being given and received. Although the state's general rules …
The Food Questions Within The Prism Of International Law Of Development, Yohannes Kassahun
The Food Questions Within The Prism Of International Law Of Development, Yohannes Kassahun
Oklahoma Law Review
No abstract provided.
Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack
Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack
Cardozo Law Review
No abstract provided.
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Understanding Law As Metaphor, James E. Murray
Understanding Law As Metaphor, James E. Murray
Journal of Legal Education
No abstract provided.
Case Comments, Notre Dame Law Review Editors
Case Comments, Notre Dame Law Review Editors
Notre Dame Law Review
No abstract provided.
New Limits On Police Vehicle Searches In Washington—State V. Ringer, 100 Wn. 2d 686, 674 P.2d 1240 (1983), Miriam Metz
New Limits On Police Vehicle Searches In Washington—State V. Ringer, 100 Wn. 2d 686, 674 P.2d 1240 (1983), Miriam Metz
Washington Law Review
In State v. Ringer, the Washington Supreme Court announced two new constitutional rules for police searches and seizures. First, police arresting a suspect in a car may search the suspect and the area within the suspect's immediate control for weapons or evidence, but may not search the area beyond the arrestee's reach. Second, unless there are exigent circumstances that justify their dispensing with a warrant, police with probable cause to search a lawfully stopped vehicle must obtain a warrant before conducting a search. Various public officials and organizations have criticized Ringer, castigating the Washington Supreme Court for being soft on …
The Canadian Constitutional Experiment, Alan C. Cairns
The Canadian Constitutional Experiment, Alan C. Cairns
Dalhousie Law Journal
Amidst the staggering array of possible foci for an essay on the Canadian constitutional experiment I have chosen to stress the recent tumultuous struggles for identity and community which have engaged citizens and governments. My perspective is primarily from the bottom up, not because the recent constitutional exercise shows the Canadian peoples as masters of their fate, which it does not, but because who we are and to whom we relate as fellow citizens are important subjects in themselves. Further, the contemporary democratic state cannot function successfully in a vacuum. Its weight and its pressure are such, and its purposes …
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman
Michigan Law Review
In Part I of this Article, Chappell and Bush are analyzed against the backdrop of the preceding Bivens cases. The analysis explains how these cases presented situations that were similar to one another but unlike any the Supreme Court previously had faced in Bivens cases. It demonstrates how the Court departed from the line of analysis that its previous Bivens cases had established, in a way that makes it more difficult for at least some plaintiffs seeking vindication of their constitutional rights to succeed in having a money damage remedy implied directly under the Constitution. The Article then argues that …
Ohio V. Kovacs, Lewis F. Powell Jr.
Punitive Damages: A Relic That Has Outlived Its Origins, James B. Sales, Kenneth B. Cole, Jr.
Punitive Damages: A Relic That Has Outlived Its Origins, James B. Sales, Kenneth B. Cole, Jr.
Vanderbilt Law Review
The doctrine of punitive damages truly is an ancient legal concept that inexplicably has evaded commitment to the archives of history. Irrespective of the questionable validity of the doctrine at early common law, the simple fact remains that none of the historical justifications supports the punitive damage theory in today's tort reparations system. The quest to bestow increasing compensation no longer can justify punitive damage awards because actual damages currently recoverable compensate plaintiffs more than adequately for every conceivable element of physical, emotional, or imagined injury. The desire to inflict punishment, likewise, represents an insupportable basis for awarding quasi-criminal fines …
Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler
Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler
University of Michigan Journal of Law Reform
Canadians sought a constitutionally entrenched Charter of Rights not just for its own sake, but also as part of a larger effort at constitutional renewal. The hope was that such a Charter would preserve a united Canada in the face of the serious threat posed by French Canadian nationalism within a potentially independent Quebec. In this Article, I comment on those features of the Canadian debate and its denouement that are noteworthy within the Canadian context, as well as those that illustrate some of the universal themes of constitutional theory.
In Memoriam -- Alfred Frank Crotti, Rafael C. Benitez, Thomas R. Ewald, Richard A. Hausler, Bernard H. Oxman, Naseem K. Sayed, Alan C. Swan
In Memoriam -- Alfred Frank Crotti, Rafael C. Benitez, Thomas R. Ewald, Richard A. Hausler, Bernard H. Oxman, Naseem K. Sayed, Alan C. Swan
University of Miami Inter-American Law Review
No abstract provided.