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Articles 1 - 30 of 95
Full-Text Articles in Law
The Obligation To Obey Law: A New Theory And An Old Problem, Tamar L. Smith
The Obligation To Obey Law: A New Theory And An Old Problem, Tamar L. Smith
Osgoode Hall Law Journal
Numerous theories have been developed to explain the basis, beyond a legal one, upon which the citizen's obligation to obey the law rests. In The Authority of the State, Leslie Green has contributed a new theory of obedience, one which explores the bases of civility and tolerance as foundations for obedience rendered to the legal system. This new theory is discussed within the context of a real world problem, one that has distressed the world community for years - the treatment of blacks in South Africa. Does this theory have any significance for citizens caught up in a fundamental and …
Suspect Class Democracy: A Social Theory, Thomas W. Simon
Suspect Class Democracy: A Social Theory, Thomas W. Simon
University of Miami Law Review
No abstract provided.
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
Michigan Law Review
Earlier in this the first year of the new millennium, Professor Larry Marshall was appointed Chief Justice of the United States. The first important case coming before the Marshall Court involved the government's prosecution of Frankly Amorous under the White Slave Traffic Act of June 25, 1910 (the Mann Act), as amended. Defendant Amorous was a law student in Virginia who paid for the airplane ticket of his female lover to travel from North Carolina to Virginia for the admitted purpose of having extramarital sexual relations. The U.S. Attorney prosecuted Amorous for violating the Mann Act, which criminalizes the knowing …
Contempt Of Congress: A Reply To The Critics Of An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Contempt Of Congress: A Reply To The Critics Of An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Michigan Law Review
In the law school tradition of "suspending belief," Professor Eskridge has created a hypothetical in which I, in my first case as Chief Justice of the United States, must decide whether to adhere to various antiquated and seemingly erroneous precedents interpreting the Mann Act. Eskridge assumes that I will feel compelled to adhere to these decisions, for to do otherwise, he contends, would force me to abandon the proposal for an absolute rule of statutory stare decisis that I advanced recently in this Law Review. Eskridge then offers a variety of critiques of my thesis, coming from perspectives as diverse …
On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin
On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin
Osgoode Hall Law Journal
Two aims drive this essay. The first is to provide the reader with an accessible, yet relatively comprehensive, introduction to Roberto Mangabeira Unger's social and legal theory. The second aim is to evaluate the strengths and weaknesses of Unger's most recent scholarship and to make some suggestions as to where he goes awry. In particular, the author draws several parallels between the Ungerian enterprise and that of some feminists. The central motivation of the essay is to keep the critical conversation between male radicals and feminists open. To this end, the author posits the possibility of mutually beneficial contributions.
Beyond The Warren Court And Its Conservative Critics: Toward A Unified Theory Of Constitutional Criminal Procedure, Donald A. Dripps
Beyond The Warren Court And Its Conservative Critics: Toward A Unified Theory Of Constitutional Criminal Procedure, Donald A. Dripps
University of Michigan Journal of Law Reform
Part I develops more fully the differences that divide liberal and conservative commentators on criminal procedure, taking special note of the series of Reports prepared by the Justice Department's Office of Legal Policy and published recently in the University of Michigan Journal of Law Reform. Part II explains my disquiet with the suggestion that original-meaning jurisprudence ought to guide criminal procedure doctrine. Part II also defends the thesis that the fourteenth amendment protects the individual interest in freedom from unjust punishment, rather than any abstract interest in truth for its own sake. Part III considers two familiar controversies in criminal …
The Truth About Massiah, James J. Tomkovicz
The Truth About Massiah, James J. Tomkovicz
University of Michigan Journal of Law Reform
First, the Article will summarize the Justice Department's discussion of the Massiah right to counsel and the exclusion of evidence under Massiah. Next, it will evaluate the nature of the Report and the character of legal scholarship. Finally, it will explore the substantive debate over Massiah. In that section, the Article will point out the matters on which the DOJ and I agree, will attempt to frame the fundamental questions raised by the Massiah doctrine, and will investigate potential sources of answers to those constitutional questions. Ultimately, it will provide the answers that I prefer, explaining the premises …
The Role Of International Law As A Canon Of Domestic Statutory Construction, Ralph G. Steinhardt
The Role Of International Law As A Canon Of Domestic Statutory Construction, Ralph G. Steinhardt
Vanderbilt Law Review
From the beginning of our constitutional life, the Supreme Court has articulated principles that structure the juridical relationship between international law and domestic law. These principles purportedly offer rules of decision for resolving in domestic courts the potential in-consistencies between external and internal sources of law, and they do so with the surface simplicity of axioms. Treaties, for example, cannot trump constitutional norms.' Customary international law can provide a rule of decision at least in the absence of controlling legislative or executive acts. In the case of an irreconcilable conflict between a treaty and a statute, the latter-in-time prevails. When …
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Dalhousie Law Journal
In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …
Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson
Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson
Dalhousie Law Journal
To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …
Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste
Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste
Dalhousie Law Journal
Legal positivism is a curious phenomenon in both its theoretical and sociological parts. It is curious as theory because its very existence, as theory, is often questioned, and because, even when its existence is admitted, the nature of the theory, and who does and does not qualify as an adherent most often remains in dispute. It is curious sociologically because rare is the legal theoretician who forthrightly endorses positivism: positivists, it would appear, are as scarce as the formalists among whom they used to be numbered.
Original Intent: "With Friends Like These…", Thomas Gibbs Gee
Original Intent: "With Friends Like These…", Thomas Gibbs Gee
Michigan Law Review
A Review of Original Intent and the Framer's Constitution by Leonard W. Levy
Evolutionary Jurisprudence: Prospects And Limitations On The Use Of Modern Darwinism Throughout The Legal Process, Steven Kasten
Evolutionary Jurisprudence: Prospects And Limitations On The Use Of Modern Darwinism Throughout The Legal Process, Steven Kasten
Michigan Law Review
A Review of Evolutionary Jurisprudence: Prospects and Limitations on the Use of Modern Darwinism Throughout the Legal Process by John H. Beckstrom
Sociological Justice, Christopher M. Adams
Sociological Justice, Christopher M. Adams
Michigan Law Review
A Review of Sociological Justice by Donald Black
History's Challenge To Feminism, Jeanne L. Schroeder
History's Challenge To Feminism, Jeanne L. Schroeder
Michigan Law Review
A Review of Law, Sex, and Christian Society in Medieval Europe by James A. Brundage
Judicial Discretion: Is One More Of A Good Thing Too Much?, David B. Sentelle
Judicial Discretion: Is One More Of A Good Thing Too Much?, David B. Sentelle
Michigan Law Review
A Review of Judicial Discretion by Aharon Barak
The Hohfeldian Approach To Law And Semiotics, J. M. Balkin
The Hohfeldian Approach To Law And Semiotics, J. M. Balkin
University of Miami Law Review
No abstract provided.
Contracts—The Trend Toward Legal Realism. Shearson Lehman Cmo, Inc. V. Tcf Banking & Savings And Teachers Insurance & Annuity Association V. Tribune Co., 670 F. Supp. 491 (S.D.N.Y. 1987)., Janne G. Siegel
University of Arkansas at Little Rock Law Review
No abstract provided.
Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt
Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt
Washington and Lee Law Review
No abstract provided.
Stare Decisis And Judicial Restraint, Lewis F. Powell, Jr.
Stare Decisis And Judicial Restraint, Lewis F. Powell, Jr.
Washington and Lee Law Review
No abstract provided.
Progressive And Conservative Constitutionalism, Robin West
Progressive And Conservative Constitutionalism, Robin West
Michigan Law Review
The article's central thesis is that the understandings of the constitutional tradition most central to both paradigms are determined by sometimes implicit, but more often explicit, political dispositions toward various forms of social and private power, and the normative authority to which social and private power gives rise. Very broadly, conservative constitutionalists view private or social normative authority as the legitimate and best source of guidance for state action; accordingly, they view both the Constitution and constitutional adjudication as means of preserving and protecting that authority and the power that undergirds it against either legislative or judicial encroachment. Progressive constitutionalists, …
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Loyola University Chicago Law Journal
No abstract provided.
Retrospective Justification, Jeffrey Malkan
When Does Parental Liability End?: Holding Parents Liable For The Acts Of Their Adult Children, Joan Morgridge
When Does Parental Liability End?: Holding Parents Liable For The Acts Of Their Adult Children, Joan Morgridge
Loyola University Chicago Law Journal
No abstract provided.
A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii
A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii
UIC Law Review
No abstract provided.
Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger
Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger
UIC Law Review
No abstract provided.
On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton
On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton
UIC Law Review
No abstract provided.
Levit V. Ingersoll Rand Financial Corp.: The Demise Of Independent Preference Liability Under 550(A), 23 J. Marshall L. Rev. 501 (1990), Michael Keaton
Levit V. Ingersoll Rand Financial Corp.: The Demise Of Independent Preference Liability Under 550(A), 23 J. Marshall L. Rev. 501 (1990), Michael Keaton
UIC Law Review
No abstract provided.
G. Heilman Brewing Co., Inc. V. Joseph Oat Corp.: The Seventh Circuit Approves The Exercise Of Inherent Authority To Increase A District Judge's Pre-Trial Authority Under Rule 16, 23 J. Marshall L. Rev. 517 (1990), Bradley Adas
UIC Law Review
No abstract provided.
The State Of Unions In America: Chipping Away At The Union Block, 23 J. Marshall L. Rev. 707 (1990), Renee L. Powell
The State Of Unions In America: Chipping Away At The Union Block, 23 J. Marshall L. Rev. 707 (1990), Renee L. Powell
UIC Law Review
No abstract provided.