Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (13)
- Social and Behavioral Sciences (8)
- Arts and Humanities (7)
- Law and Society (6)
- Philosophy (6)
-
- Legal Studies (5)
- Ethics and Political Philosophy (4)
- Comparative and Foreign Law (3)
- Criminal Law (3)
- International Law (3)
- Legal History (3)
- Legal Theory (3)
- Civil Law (2)
- Commercial Law (2)
- Constitutional Law (2)
- Contracts (2)
- Intellectual Property Law (2)
- Law and Gender (2)
- Law and Psychology (2)
- Legal Education (2)
- Rule of Law (2)
- Sexuality and the Law (2)
- Sociology (2)
- Torts (2)
- Bankruptcy Law (1)
- Civil Rights and Discrimination (1)
- Cognitive Psychology (1)
- Common Law (1)
- Communication (1)
- Institution
-
- Notre Dame Law School (8)
- University of Pennsylvania Carey Law School (6)
- Selected Works (3)
- Boston University School of Law (2)
- Nova Southeastern University (2)
-
- Schulich School of Law, Dalhousie University (2)
- SelectedWorks (2)
- Chicago-Kent College of Law (1)
- Marquette University Law School (1)
- Maurer School of Law: Indiana University (1)
- Saint Louis University School of Law (1)
- University of Colorado Law School (1)
- University of Massachusetts School of Law (1)
- University of South Carolina (1)
- Vanderbilt University Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication
-
- Notre Dame Law Review (8)
- All Faculty Scholarship (7)
- Dalhousie Law Journal (2)
- Faculty Scholarship (2)
- ILSA Journal of International & Comparative Law (2)
-
- Faculty Articles (1)
- Faculty Publications (1)
- Historic Documents (1)
- John C. Eastman (1)
- Jorge Adame Goddard (1)
- Marquette Intellectual Property Law Review (1)
- Nancy Levit (1)
- Publications (1)
- Richard Warner (1)
- Robert Justin Lipkin (1)
- Saint Louis University Law Journal (1)
- South Carolina Law Review (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 1 - 30 of 34
Full-Text Articles in Law
Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell
Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell
South Carolina Law Review
No abstract provided.
Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
Notre Dame Law Review
No abstract provided.
Rules And Reversibility, Clayton P. Gillette
Rules And Reversibility, Clayton P. Gillette
Notre Dame Law Review
No abstract provided.
Rights That Are Wrong, Hon. Daniel A. Manion
Rights That Are Wrong, Hon. Daniel A. Manion
Notre Dame Law Review
No abstract provided.
One Hundred Years Of Legal Philosophy, Robert P. George
One Hundred Years Of Legal Philosophy, Robert P. George
Notre Dame Law Review
No abstract provided.
Reasonableness And Objectivity, Neil Maccormick
Reasonableness And Objectivity, Neil Maccormick
Notre Dame Law Review
No abstract provided.
How Coasean Bargaining Entails A Prisoners' Dilemma, Wayne Eastman
How Coasean Bargaining Entails A Prisoners' Dilemma, Wayne Eastman
Notre Dame Law Review
No abstract provided.
What Logic Can And Cannot Tell Us About Law, Kevin W. Saunders
What Logic Can And Cannot Tell Us About Law, Kevin W. Saunders
Notre Dame Law Review
No abstract provided.
Reflections On Dworkin And The Two Faces Of Law, Richard H. Fallon Jr.
Reflections On Dworkin And The Two Faces Of Law, Richard H. Fallon Jr.
Notre Dame Law Review
No abstract provided.
Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Faculty Scholarship
This essay concerns the possibility of interpreting law. It is always possible to interpret law in the weak sense, which assigns meaning it is not assumed the law previously possessed. My concern here is interpretation in the strong sense, which, if successful, reveals meaning that lies hidden in the law. Theories of legal interpretation have recently received much theoretical attention. The received theory of law's open texture suggests that this interest is misplaced.
Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri
Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri
Dalhousie Law Journal
Over the past few years, the "contextual approach" to law has acquired considerable cachet in juridical discourses across the country. In the Supreme Court of Canada, contextualism is now the new standard of judicial analysis and accountability This article analyzes a decade of Supreme court jurisprudence on Charter interpretation, statutory interpretation and the common law in order to fully explicate what contextualism in law is, where it came from, and how it has achieved its current pre-eminent status. The future promise of the contextual approach is also here canvassed through a dialectical engagement with postmodernist concerns respecting inherent legal indeterminacies.
La Doctrine Et L'Interprétation Du Code Civil, Stéphane Beaulac
La Doctrine Et L'Interprétation Du Code Civil, Stéphane Beaulac
Dalhousie Law Journal
Les Éditions Thémis publiaient en 1997 un livre intitulé La doctrine et l'interprétation du Code civil, par Me Sylvie Parent. Cette étude constitue le fruit de ses recherches et de sa réflection effectuées dans le cadre de ses travaux de maîtrise en droit à l'Université de Montreal; son directeur de thèse était le professeur Pieffe-André Côté, éminent auteur dans le domaine de l'interprétation des lois. C'est à ce dernier qu'est revenu l'honneur de rédiger la préface de cet ouvrage. Il n'a point hésité, à juste titre d'ailleurs, d'ajouter le nom de Me Parent à la liste d'auteurs contemporains ayant contribué, …
Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks
Faculty Articles
The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …
Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner
Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner
All Faculty Scholarship
No abstract provided.
Coercing Privacy, Anita L. Allen
Jural Districting: Selecting Impartial Juries Through Community Representation, Kim Forde-Mazrui
Jural Districting: Selecting Impartial Juries Through Community Representation, Kim Forde-Mazrui
Vanderbilt Law Review
Court reformers continue to debate over efforts to select juries more diverse than are typically achieved through existing procedures. Controversial proposals advocate race-conscious methods for selecting diverse juries. Such efforts, however well-intentioned, face constitutional difficulties under the Equal Protection Clause, which appears to preclude any use of race in selecting juries. The challenge thus presented by the Court's equal protection jurisprudence is whether jury selection procedures can be designed that effectively enhance the representative character of juries without violating constitutional norms.
Professor Forde-Mazrui offers a novel insight for resolving this challenge. Analogizing juries to legislatures, he applies electoral districting principles …
Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner
Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner
Richard Warner
No abstract provided.
As I Was Saying....A Selection Of Lectures And Informal Talks On Law And Universities And The Communities That Usually Tolerate And Sometimes Support Them, William Burnett Harvey
As I Was Saying....A Selection Of Lectures And Informal Talks On Law And Universities And The Communities That Usually Tolerate And Sometimes Support Them, William Burnett Harvey
Historic Documents
A 349 page collection of talks and recollections compiled by former Indiana University School of Law Dean, William Burnett Harvey. The collection is broken down into four parts: Reflections on the Rule of Law, The African Experience, Reflections on Education, Universities and Law, and Miscellaneous Musings.
Two appendixes are included. The first is a bibliography, and the second is two narrative accounts of Harvey's time in Ghana and his final years at Indiana University during the turbulent 1960s.
Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger
Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger
Faculty Publications
The § 365 consumer debtor case law has a further complication. Much of it arises in the context of the last great bankruptcy frontier, Chapter 13. Until recently, Chapter 11 has occupied the minds and hearts of courts and attorneys. Not any more. And, as attorneys and courts take a closer, harder look at Chapter 13, it is no longer possible to describe it as a “streamlined creditors-can’t-vote Chapter 11”. Chapter 13 is unique, presenting its very own quandaries, not the least of which is how its provisions and § 365 interact. We live in interesting times.
The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge
The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge
ILSA Journal of International & Comparative Law
The purpose of this essay is to provide a review of the doctrine and jurisprudence of the expert testimony as a probatory medium' used by the Inter-American Court of Human Rights (ICHR, Court, Tribunal) in the issues presented before it
The Discontinuance And Acceptance Of Claims In The Jurispurdence Of The Inter-American Court Of Human Rights, Manuel Ventura Robles
The Discontinuance And Acceptance Of Claims In The Jurispurdence Of The Inter-American Court Of Human Rights, Manuel Ventura Robles
ILSA Journal of International & Comparative Law
When analyzing the contentious jurisprudence of the Inter-American Court of Human Rights ("the Court" or "Inter-American Court"), it is necessary to emphasize the fact that, during its first seventeen years of work, the Court has ruled on the merits of nine cases presented for its consideration
Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit
Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit
Nancy Levit
A hazard lurks in any but the most careful representation of another's viewpoint. Call it "slippage" or the "essentialist error," the point is that communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know that between a story and its retelling, something will get lost in translation. Consider feminism, gay legal theory, and critical race theory, and their depictions in academic journals and the popular media. Newspapers and news magazines have recently published a spate of academic trash talk accusing critical race theorists of "playing the race card" and indulging …
Introducción Al Derecho Nuevo, Jorge Carlos Adame
Introducción Al Derecho Nuevo, Jorge Carlos Adame
Jorge Adame Goddard
No abstract provided.
The Supreme Court And Patent Law: Does Shallow Reasoning Lead To Thin Law, Donald S. Chisum
The Supreme Court And Patent Law: Does Shallow Reasoning Lead To Thin Law, Donald S. Chisum
Marquette Intellectual Property Law Review
Professor Chisum explains that the role of the Federal Circuit Court as the "Supreme Court" of patent law may be changing. He notes the significance of recent United States Supreme Court cases addressing patent law issues. In addition, Professor Chisum evaluates the quality of recent landmark decisions in which the Court has examined patent issues. Chisum first notes that the general attitude of the Court reflects skepticism and hostility toward the patent system. In addition, Chisum considers the quality of reasoning undertaken by the Supreme Court and argues that, as opposed to the Federal Circuit, it is often weak, illogical, …
Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White
Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White
Publications
No abstract provided.
Advocating Equality: Judge Theodore Mcmillian’S Civil Rights Jurisprudence And St. Mary’S Honor Center V. Hicks, Leland Ware
Advocating Equality: Judge Theodore Mcmillian’S Civil Rights Jurisprudence And St. Mary’S Honor Center V. Hicks, Leland Ware
Saint Louis University Law Journal
No abstract provided.
Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz
Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz
All Faculty Scholarship
Economists and philosophers working on problems of rational choice have for some time been concerned with various puzzles raised by so-called "Ullysean" configurations: actors who rationally cause themselves to act irrationally. (e.g., the person who swallows Thomas Schelling's famous irrationality pill to preempt an attempted robbery). What has attracted less attention is that these configurations present fascinating problems for morality, most especially for non-consequentialist morality. This article undertakes the exploration of some of these problems and the implications they hold for the morality of preemptive detention, preemptive self-defense, the creation of prophylactic crimes (like our drug laws) and a variety …
Crazy Reasons, Stephen J. Morse
The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer
The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
The Architecture Of Judicial Independence, Stephen B. Burbank
The Architecture Of Judicial Independence, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.