Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- John Rawls (2)
- Jurisprudence (2)
- Legal positivist (2)
- Legal realist (2)
- Process jurisprudence (2)
-
- Professor Richards (2)
- Ronald Dworkin (2)
- Thomas Cooley (2)
- Book review (1)
- Brazilian government bonds (1)
- Decision-making (1)
- Defamation (1)
- Double Jeopardy (1)
- Economic Man (1)
- English law (1)
- Financial instruments (1)
- Gertz v. Robert Welch Inc. (1)
- Hard cases (1)
- Human rights (1)
- Intervention (1)
- Intervention of right (1)
- Involuntary classes (1)
- Judicial intervention (1)
- Judicial review (1)
- Law practice (1)
- Legal formalism (1)
- Legal positivism (1)
- Legal process (1)
- Legal psychologist (1)
- Libel (1)
- Publication
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Law
Legal Method—Deciding The Retroactive Effect Of Overruling Decisions—Lau V. Nelson, 92 Wn. 2d 823, 601 P.2d 527 (1979), Robert B. Fisko
Legal Method—Deciding The Retroactive Effect Of Overruling Decisions—Lau V. Nelson, 92 Wn. 2d 823, 601 P.2d 527 (1979), Robert B. Fisko
Washington Law Review
On December 21, 1978, the Washington Supreme Court decided in Robberts v. Johnson to overrule the common law gross negligence rule applied in Lau and earlier cases, and to adopt the ordinary negligence rule, followed by a majority of states. Remanding to trial on an ordinary negligence standard, the court gave plaintiff Robberts the retroactive benefit of the new rule, but remained silent on any further retroactive effect of the decision. The principal issue in Lau's second appeal, argued after the filing of the Robberts decision, was whether and to what extent the Robberts overruling decision should be given further …
Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond
Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond
BYU Law Review
No abstract provided.
In Search Of A Role For The Legal System, Fernando E. Agrait
In Search Of A Role For The Legal System, Fernando E. Agrait
BYU Law Review
No abstract provided.
Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz
Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz
BYU Law Review
No abstract provided.
Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker
Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker
BYU Law Review
No abstract provided.
The Involuntary Public Figure Class Of Gertz V. Robert Welch: Dead Or Merely Dormant?, Dale K. Nichols
The Involuntary Public Figure Class Of Gertz V. Robert Welch: Dead Or Merely Dormant?, Dale K. Nichols
University of Michigan Journal of Law Reform
This article does not resolve the debate over involuntary public figures but argues instead that in light of the Court's pronouncements in Firestone, Hutchinson and Walston, the involuntary class should be abolished. Part I briefly traces the evolution and significance of public figure status in defamation law, and reviews various interpretations of the involuntary public figure references in Gertz. Part II examines the status of the involuntary class after Firestone, Hutchinson and Walston, and discusses the extent to which future use of the class remains logically consistent with those decisions. Finally, the article considers the merits of …
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
Buffalo Law Review
No abstract provided.
Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr.
Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr.
Indiana Law Journal
No abstract provided.
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
Buffalo Law Review
No abstract provided.
Foreword: The Impact Of Judicial Decision-Making, H. Emory Widener
Foreword: The Impact Of Judicial Decision-Making, H. Emory Widener
Washington and Lee Law Review
No abstract provided.
The Problem Of Public Pretense, Richard Stith
The Problem Of Public Pretense, Richard Stith
Law Faculty Publications
No abstract provided.
Finance, Rules And The Indexation Of Brazilian Government Bonds, Mark J. Roe
Finance, Rules And The Indexation Of Brazilian Government Bonds, Mark J. Roe
Vanderbilt Journal of Transnational Law
In roughly a dozen years, Brazil has created a sophisticated multi-billion dollar system of public debt in the midst of an unpredictable inflationary financial climate. During this time the government bonds were initially all indexed against inflation; the obligations were automatically periodically adjusted in accordance with price index changes. However, as shall be seen, the indexation of the bonds was not necessarily the cause of the expansion of the market for public debt.
The legal-economic mechanism of Brazilian indexation is not widely understood in the United States. The method used to calculate the index that provides the basis for readjusting …
Theories Of Professors H.L.A. Hart And Ronald Dworkin - A Critique, John W. Van Doren
Theories Of Professors H.L.A. Hart And Ronald Dworkin - A Critique, John W. Van Doren
Cleveland State Law Review
This article will attempt to summarize the views of Professors Hart and Dworkin and engage in a critical evaluation of their thinking to demonstrate what will be perceived as a disparity between their theories and the way the legal machinery operates today.
Homo Psychologicus: Notes On A New Legal Formalism, William H. Simon
Homo Psychologicus: Notes On A New Legal Formalism, William H. Simon
Faculty Scholarship
Having survived the assault of the Realists earlier in this century, the doctrinal tradition in legal theory and legal education is undergoing a second wave of criticism. Again, doctrinal writing and education is charged with promoting a conservative ideological perspective and with ignoring the practical tasks of lawyering. Law schools are criticized for failing both to train competent practitioners and to instill in their students an appropriate sense of "responsibility."
One of the most interesting aspects of this second wave of criticism has been the emergence of a new style of discourse about law inspired by psychology. This style, which …
Questioning Intervention Of Right -- Toward A New Methodology Of Decisionmaking, Gene R. Shreve
Questioning Intervention Of Right -- Toward A New Methodology Of Decisionmaking, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Thomas M. Cooley, Liberal Jurisprudence, And The Law Of Libel, 1868-1884, Norman L. Rosenberg
Thomas M. Cooley, Liberal Jurisprudence, And The Law Of Libel, 1868-1884, Norman L. Rosenberg
Seattle University Law Review
During the past two decades, and especially since 1970, there has been a steadily growing interest in American legal history, including the work of nineteenth-century legal figures, including Thomas M.Cooley. Most scholars once dismissed Cooley as a simplistic apologist for laissez faire economics and late nineteenth-century capitalism. Recently, however, legal and constitutional historians have realized that his legal thought was much more complex. In part, this article seeks to extend recent work on Cooley and to examine his ideas and judicial opinions on freedom of expression and the law of libel. Cooley's views about free expression, defamation law, and American …
Book Review: Development Control, Geoffrey J. Bennett
Book Review: Development Control, Geoffrey J. Bennett
Journal Articles
Mr. Alder's book is a lucid and informative contribution on the subject of development control. The book is largely concerned with analyzing the impact of judicial decisions in the [English] courts on planning law relating to development control.
The Emergence Of Critical Social Theory In American Jurisprudence: An Introduction To Professor Rosenberg's Perspective, Harlan S. Abrahams
The Emergence Of Critical Social Theory In American Jurisprudence: An Introduction To Professor Rosenberg's Perspective, Harlan S. Abrahams
Seattle University Law Review
Norman Rosenberg's treatment of Thomas Cooley, liberal jurisprudence, and the law of libel exemplifies both a difficulty with and an opportunity for traditional law review scholarship. The difficulty arises from the failure of many legal writers to identify and explain the jurisprudential perspectives that define their substantive approach. This problem is particularly acute when, as in Professor Rosenberg's article, the jurisprudential perspective deviates from the mainstream. The opportunity lies in bringing the problem of perspective out of the closet and legitimating its critical treatment as an integral element of all legal scholarship.
What Is A Security? -- A Redefinition Based On Eligibility To Participate In The Financial Markets, Scott T. Fitzgibbon
What Is A Security? -- A Redefinition Based On Eligibility To Participate In The Financial Markets, Scott T. Fitzgibbon
Scott T. FitzGibbon
No abstract provided.