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Articles 3301 - 3330 of 3914
Full-Text Articles in Entire DC Network
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
Articles
No abstract provided.
Bankruptcy And Probate Jurisdiction Before 1571, Richard H. Helmholz
Bankruptcy And Probate Jurisdiction Before 1571, Richard H. Helmholz
Articles
No abstract provided.
Common Law Intellectual Property And The Legacy Of International News Service V. Associated Press, Douglas G. Baird
Common Law Intellectual Property And The Legacy Of International News Service V. Associated Press, Douglas G. Baird
Articles
No abstract provided.
The Meaning Of Judicial Self-Restraint, Richard A. Posner
The Meaning Of Judicial Self-Restraint, Richard A. Posner
Articles
No abstract provided.
Shaping The Eighteenth-Century Criminal Trial: A View From The Ryder Sources, John H. Langbein
Shaping The Eighteenth-Century Criminal Trial: A View From The Ryder Sources, John H. Langbein
Articles
No abstract provided.
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
Articles
No abstract provided.
Statutes' Domains, Frank H. Easterbrook
A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein
A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein
Articles
No abstract provided.
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Articles
No abstract provided.
Equitable Division And The Law Of Finders, Richard H. Helmholz
Equitable Division And The Law Of Finders, Richard H. Helmholz
Articles
No abstract provided.
The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie
The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie
Articles
No abstract provided.
The Sovereignty Of The Courts, Edward Hirsch Levi
Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum
Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum
Articles
No abstract provided.
The Persistence Of Classical Style, Patrick O. Gudridge
The Persistence Of Classical Style, Patrick O. Gudridge
Articles
No abstract provided.
The Ethics Of Argument: Plato's Gorgias And The Modern Lawyer, James Boyd White
The Ethics Of Argument: Plato's Gorgias And The Modern Lawyer, James Boyd White
Articles
In what follows I shall analyze Plato's text and do my best to suggest a response to it. But I should say at the outset that for the modern lawyer and law teacher this is not merely an academic exercise, for we in fact are rhetoricians very much as Plato defines them. What is at stake for us in reading this dialogue is what it means to have devoted ourselves to the set of social and intellectual practices that define the profession of law. We have a special relation to this text, for we can in the full Platonic sense …
Essentially Indecomposable Modules Over A Complete Discret Valuation Ring, Brendan Goldsmith
Essentially Indecomposable Modules Over A Complete Discret Valuation Ring, Brendan Goldsmith
Articles
No abstract available
Can Science Be Inopportune - Constitutional Validity Of Governmental Restrictions On Race-Iq Research, Richard Delgado, Sean Bradley, David Burkenroad, Ron Chavez
Can Science Be Inopportune - Constitutional Validity Of Governmental Restrictions On Race-Iq Research, Richard Delgado, Sean Bradley, David Burkenroad, Ron Chavez
Articles
No abstract provided.
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
Articles
My subject today is "legal literacy," but to put it that way requires immediate clarification, for that phrase has a wide range of possible meanings with many of which we shall have nothing to do. At one end of its spectrum of significance, for example, "legal literacy" means full competence in legal discourse, both as reader and as writer. This kind of literacy is the object of a professional education, and it requires not only a period of formal schooling but years of practice as well. Indeed, as is also the case with other real languages, the ideal of perfect …
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
Articles
In this article, which both summarizes and updates an extensively footnoted article published last year ("Reformation of Wills on the Ground of Mistake: Change of Direction in American Law?" 130 University of Pennsylvania Law Rmiew 521 (1982)), we report on this new case law and discuss the analytic framework that we think it suggests and requires.
In Re Lattouf's Will And The Presumption Of Lifetime Fertility In Perpetuity Law, Lawrence W. Waggoner
In Re Lattouf's Will And The Presumption Of Lifetime Fertility In Perpetuity Law, Lawrence W. Waggoner
Articles
Adoption of children is an ever-present complication of class gifts and the Rule Against Perpetuities. Given this fac any effort to find the presumption of lifetime fertility rebuttable is largely illusory. The author demonstrates that the gift in In Re Lattouf's Will could have been sustained even in face of an irrebuttable presumption.
Litigation Abuse And The Law Schools, John W. Reed
Litigation Abuse And The Law Schools, John W. Reed
Articles
At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …
How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg
How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg
Articles
The article examines how authority figures use language and procedural structures to shape outcomes in both literary and legal contexts, highlighting the tension between formal legal processes and true justice. Through a comparative analysis of Herman Melville's Billy Budd, Sailor and the Supreme Court case Paul v. Davis, the article argues that "considerate communication"—a subtle form of manipulation—can distort reality and undermine fairness in adjudication. It critiques legal systems that prioritize formality over substance, emphasizing how narrative techniques and rhetorical strategies in both literature and law can mask subjective biases and influence decisions.
The Social Consequences Of Common Law Rules, Richard A. Epstein
The Social Consequences Of Common Law Rules, Richard A. Epstein
Articles
In the past decade, commentators applying both economic and historical methods to the study of the classical common law have explicitly or implicitly made sweeping claims for the system's ability to allocate or redistribute substantial shares of wealth. In this Article, Professor Epstein challenges the assumption that the fundamental doctrines of the common law can have a decisive effect on the flow of resources in society. He calls attention to the constraints placed upon the system by the generality of its rules, the prospectively indeterminate alignment of economically interested parties, the expenses of adjudication, and the divergent social beliefs of …
Advances And Altered Perspectives In English Legal History, Richard H. Helmholz
Advances And Altered Perspectives In English Legal History, Richard H. Helmholz
Articles
No abstract provided.
Advances And Altered Perspectives In English Legal History (Reviewing Morris S. Arnold, Et. Al., Eds., On The Laws And Customs Of England: Essays In Honor Of Samuel E. Thorne (1981)), Richard H. Helmholz
Advances And Altered Perspectives In English Legal History (Reviewing Morris S. Arnold, Et. Al., Eds., On The Laws And Customs Of England: Essays In Honor Of Samuel E. Thorne (1981)), Richard H. Helmholz
Articles
No abstract provided.
Book Review (Reviewing Paul R. Hyams, Kings, Lords And Peasants In Medieval England: The Common Law Of Villeinage In The Twelfth And Thirteenth Centuries (1980)), Richard H. Helmholz
Book Review (Reviewing Paul R. Hyams, Kings, Lords And Peasants In Medieval England: The Common Law Of Villeinage In The Twelfth And Thirteenth Centuries (1980)), Richard H. Helmholz
Articles
No abstract provided.
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law, John H. Langbein, Lawrence W. Waggoner
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law, John H. Langbein, Lawrence W. Waggoner
Articles
No abstract provided.
International Trial Observers, David Weissbrodt
International Trial Observers, David Weissbrodt
Articles
Since the Dreyfus trial in 1899, governments have sent observers to foreign political trials both to increase their understanding of the affairs of other nations and to express concern about the fairness of the proceedings themselves. It is now common for a number of gov- ernments, including those of Canada, the Federal Republic of Ger- many, Japan, Sweden, the United Kingdom, and the United States, to send official observers to foreign trials of political or human rights significance.
Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman
Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman
Articles
No abstract provided.
Justice And The Bureaucratization Of Appellate Courts, Joseph Vining
Justice And The Bureaucratization Of Appellate Courts, Joseph Vining
Articles
The author notes the growing bureaucratization of appellate justice in the United States and, in particular, the drafting of opinions by law clerks rather than by judges. Taking the Supreme Court of the United States as an example, and comparing its internal procedure with that of large administrative agencies, he questions whether the method of analysis familiarly used by lawyers to arrive at an authoritative statement of law is applicable to legal texts bureaucratically produced. He suggests that legal method and its presuppositions are ultimately associated with the authority of law, and concludes that there may be critical losses not …