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Text And Intellect, Monroe E. Price Oct 1984

Text And Intellect, Monroe E. Price

Articles

The article explores the intersection of Jewish identity, legal education, and professional practice, arguing that the Talmudic tradition of rigorous textual analysis and ethical inquiry has profoundly shaped the legal thinking and contributions of Jewish lawyers and judges, such as Justice Philip Halpern. It suggests that this tradition, emphasizing precision in language, respect for authority, and the pursuit of justice, provides a unique lens for understanding law as both a moral and social force.


Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam Jul 1984

Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam

Articles

No abstract provided.


Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar Apr 1984

Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar

Articles

Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'


The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg Apr 1984

The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg

Articles

The article explores William Faulkner's portrayal of Gavin Stevens, a fictional lawyer, highlighting his evolution as a character and his unique place within the tradition of literary lawyer figures. The analysis focuses on Gavin's development in The Town, where he learns the value of silence and observation, distinguishing him from other lawyers in literature who often remain static in their personal growth. The article situates Gavin within a broader literary context, comparing him to characters from works by authors like Dickens and Twain, and argues for his significance as a complex and sympathetic character.


Foreword: The Law And Southern Literature, William H. Page, Richard H. Weisberg Apr 1984

Foreword: The Law And Southern Literature, William H. Page, Richard H. Weisberg

Articles

The article explores the intersections of law and literature, focusing on the proceedings of a 1983 symposium that brought together scholars, practitioners, and literary critics to examine how legal themes and values are depicted in Southern literature, particularly in the works of William Faulkner. The symposium addressed three key areas: the depiction of lawyers and legal doctrine in literature, the exploration of human rights and values through literary perspectives, and the application of literary criticism to legal interpretation. By analyzing these themes, the article highlights the growing field of Law and Literature and its potential to enrich both legal and …


Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile Apr 1984

Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile

Articles

The article examines the challenges of implementing international human rights standards in sub-Saharan Africa, highlighting the tension between human rights and economic development. It argues that while human rights are essential, their realization is impeded by factors such as authoritarian governance, economic disparities, and the legacy of colonialism. The author advocates for a balanced approach that considers these challenges while promoting human rights, emphasizing the need to support pragmatic governance to gradually improve human rights conditions.


The Nonprobate Revolution And The Future Of The Law Of Succession, John H. Langbein Mar 1984

The Nonprobate Revolution And The Future Of The Law Of Succession, John H. Langbein

Articles

The popular demand for probate avoidance has coincided with a fundamental change in the nature of wealth. Mogt property now takes the form of claims on financial intermediaries, who can easily transfer account balances on death, without court proceedings. Further, creditors have developed a variety of techniques for collecting decedents' debts without probate. Professor Langbein sees in these developments the basis for legitimating the main will substitutes as "nonprobate wills" and for unifying the constructional law of wills and will substitutes.


The Mythical Meritocracy Of Law School Admissions, James C. Hathaway Mar 1984

The Mythical Meritocracy Of Law School Admissions, James C. Hathaway

Articles

Because more people apply to law schools than can be accepted, the admissions procedure at most faculties has been designed to select the best qualified persons from the applicant pool. Selection criteria are adopted to enable law school administrators to determine fairly and objectively which applicants are most likely to succeed in legal studies. Even with the advent of admissions policies designed to increase opportunities for members of various minority groups to study law, specific admissions decisions within each preferred category are generally made with a view to choosing the candidates judged most able to do well at law school. …


Introduction, Richard A. Epstein, Jeffrey Paul Jan 1984

Introduction, Richard A. Epstein, Jeffrey Paul

Articles

No abstract provided.


Labor Markets And Labor Law Compared With Capital Markets And Corporate Law, Daniel R. Fischel Jan 1984

Labor Markets And Labor Law Compared With Capital Markets And Corporate Law, Daniel R. Fischel

Articles

No abstract provided.


Constitution In The Supreme Court: Civil War And Reconstruction, 1865-1873, David P. Currie Jan 1984

Constitution In The Supreme Court: Civil War And Reconstruction, 1865-1873, David P. Currie

Articles

No abstract provided.


Limits Of Antitrust, Frank H. Easterbrook Jan 1984

Limits Of Antitrust, Frank H. Easterbrook

Articles

No abstract provided.


A In Defense Of The Hard Look: Judicial Activism And Administrative Law, Cass R. Sunstein Jan 1984

A In Defense Of The Hard Look: Judicial Activism And Administrative Law, Cass R. Sunstein

Articles

No abstract provided.


Bright Line Fever And The Fourth Amendment, Albert W. Alschuler Jan 1984

Bright Line Fever And The Fourth Amendment, Albert W. Alschuler

Articles

No abstract provided.


Kovacs And Toxic Wastes In Bankruptcy, Douglas G. Baird, Thomas H. Jackson Jan 1984

Kovacs And Toxic Wastes In Bankruptcy, Douglas G. Baird, Thomas H. Jackson

Articles

No abstract provided.


Corporate Reorganizations And The Treatment Of Diverse Ownership Interests: A Comment On Adequate Protection Of Secured Creditors In Bankruptcy, Douglas G. Baird, Thomas H. Jackson Jan 1984

Corporate Reorganizations And The Treatment Of Diverse Ownership Interests: A Comment On Adequate Protection Of Secured Creditors In Bankruptcy, Douglas G. Baird, Thomas H. Jackson

Articles

No abstract provided.


Managers' Discretion And Investors' Welfare: Theories And Evidence, Frank H. Easterbrook Jan 1984

Managers' Discretion And Investors' Welfare: Theories And Evidence, Frank H. Easterbrook

Articles

No abstract provided.


Legal Interpretation And The Power Of The Judiciary, Frank H. Easterbrook Jan 1984

Legal Interpretation And The Power Of The Judiciary, Frank H. Easterbrook

Articles

No abstract provided.


Mandatory Disclosure And The Protection Of Investors, Frank H. Easterbrook, Daniel R. Fischel Jan 1984

Mandatory Disclosure And The Protection Of Investors, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


The Pitfalls Of Interpretation, Richard A. Epstein Jan 1984

The Pitfalls Of Interpretation, Richard A. Epstein

Articles

No abstract provided.


Toward A Revitalization Of The Contract Clause, Richard A. Epstein Jan 1984

Toward A Revitalization Of The Contract Clause, Richard A. Epstein

Articles

No abstract provided.


In Defense Of The Contract At Will, Richard A. Epstein Jan 1984

In Defense Of The Contract At Will, Richard A. Epstein

Articles

No abstract provided.


Efficient Markets And Puzzling Intermediaries, Saul Levmore Jan 1984

Efficient Markets And Puzzling Intermediaries, Saul Levmore

Articles

No abstract provided.


Some Economics Of Labor Law, Richard A. Posner Jan 1984

Some Economics Of Labor Law, Richard A. Posner

Articles

No abstract provided.


O.T. 1983 And The Era Of Aggressive Majoritarianism: A Court In Transition, Geoffrey R. Stone Jan 1984

O.T. 1983 And The Era Of Aggressive Majoritarianism: A Court In Transition, Geoffrey R. Stone

Articles

No abstract provided.


The Constitution In The Supreme Court: Civil War And Reconstruction, 1863-1873, David P. Currie Jan 1984

The Constitution In The Supreme Court: Civil War And Reconstruction, 1863-1873, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie Jan 1984

The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie Jan 1984

The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie

Articles

No abstract provided.


The Participation Of Charities In Limited Partnerships, Michael H. Schill Jan 1984

The Participation Of Charities In Limited Partnerships, Michael H. Schill

Articles

No abstract provided.


Insider Trading And Investment Analysts: An Economic Analysis Of Dirks V. Securities And Exchange Commission, Daniel R. Fischel Jan 1984

Insider Trading And Investment Analysts: An Economic Analysis Of Dirks V. Securities And Exchange Commission, Daniel R. Fischel

Articles

No abstract provided.