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Articles 1 - 30 of 108
Full-Text Articles in Law
Paradox And Pandora's Box: The Tragedy Of Current Right-To-Die Jurisprudence, Cathaleen A. Roach
Paradox And Pandora's Box: The Tragedy Of Current Right-To-Die Jurisprudence, Cathaleen A. Roach
University of Michigan Journal of Law Reform
Part I of this Article examines the trilogy of recent right-to-die cases and contrasts the results of those cases with recent national opinion polls and statistical surveys of the issue. Part II examines federal and state legislative responses to the debate. It suggests that both the courts and legislatures are out of sync with an emerging national consensus on the death-with- dignity debate. In fact, the federal legislative response may only exacerbate the problem. Instead of creating new rights, it feeds individuals into the existing state network, which is a quagmire of confusing and inequitable statutory provisions. Part III examines …
Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen
Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen
Dalhousie Law Journal
It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …
Judge Richard Posner's Jurisprudence, Robert S. Summers
Judge Richard Posner's Jurisprudence, Robert S. Summers
Michigan Law Review
A Review of The Problems of Jurisprudence by Richard A. Posner
Therapeutic Jurisprudence As A New Approach To Mental Health Law Policy Analysis And Research, David B. Wexler, Bruce J. Winick
Therapeutic Jurisprudence As A New Approach To Mental Health Law Policy Analysis And Research, David B. Wexler, Bruce J. Winick
University of Miami Law Review
No abstract provided.
Not So Cold An Eye: Richard Posner's Pragmatism, Jason S. Johnston
Not So Cold An Eye: Richard Posner's Pragmatism, Jason S. Johnston
Vanderbilt Law Review
Over the past twenty odd years, Judge Richard Posner has established himself as one of the most creative and influential thinkers in the history of American law. His work divides into two parts: the prejudicial corpus, which is devoted almost entirely to the comprehensive economic analysis of law,' and the postjudicial corpus, which treats issues involving what may be called the theory of judging and courts--that is, the normative theory of how judges should decide cases and how courts should be organized. This division is rough and wavering, for Posner's work prior to his appointment to the federal bench often …
Authoritarianism And The Rule Of Law, Lynne Henderson
Authoritarianism And The Rule Of Law, Lynne Henderson
Indiana Law Journal
No abstract provided.
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
Indiana Law Journal
No abstract provided.
Inconsistent Judgments, John C. Mccoid, Ii
Inconsistent Judgments, John C. Mccoid, Ii
Washington and Lee Law Review
No abstract provided.
Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein
Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein
University of Miami Law Review
No abstract provided.
Harnessing The Power Of The Bet: Wagering With The Government As A Mechanism For Social And Individual Change, Bruce J. Winick
Harnessing The Power Of The Bet: Wagering With The Government As A Mechanism For Social And Individual Change, Bruce J. Winick
University of Miami Law Review
No abstract provided.
The First Amendment, Burt Neuborne
Brock V. State: The Aids Virus As A Deadly Weapon, 24 J. Marshall L. Rev. 677 (1991), Timothy P. Martin
Brock V. State: The Aids Virus As A Deadly Weapon, 24 J. Marshall L. Rev. 677 (1991), Timothy P. Martin
UIC Law Review
No abstract provided.
Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels
UIC Law Review
No abstract provided.
Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis
Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis
UIC Law Review
No abstract provided.
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E.F. Roberts
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E.F. Roberts
Villanova Law Review
No abstract provided.
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
Structuring The Ethics Of Prosecutorial Trial Practice: Can Prosecutors Do Justice?, Fred C. Zacharias
Structuring The Ethics Of Prosecutorial Trial Practice: Can Prosecutors Do Justice?, Fred C. Zacharias
Vanderbilt Law Review
Codes of professional responsibility take a very different approach to civil and criminal trials. In civil litigation, the codes presume that good outcomes result when lawyers represent clients aggressively. In criminal cases, the codes do not rely as fully on competitive lawyering. They treat prosecutors as advocates, but also as "ministers" having an ethical duty to "do justice."
Although the special prosecutorial duty is worded so vaguely that it obviously requires further explanation, the codes provide remarkably little guidance on its meaning. In effect, code drafters have delegated to prosecutors the task of resolving the special ethical issues prosecutors face …
James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris
James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris
UIC Law Review
No abstract provided.
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
UIC Law Review
No abstract provided.
Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen
Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen
UIC Law Review
No abstract provided.
Presumed Innocent: Illinois' Rejection Of Market Share Liability In Smith V. Eli Lilly & (And) Company Is Cause In Fact To Celebrate, 24 J. Marshall L. Rev. 869 (1991), Steven Bonanno
UIC Law Review
No abstract provided.
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
UIC Law Review
No abstract provided.