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Jurisprudence

1984

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Articles 1 - 27 of 27

Full-Text Articles in Law

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review Dec 1984

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review

Michigan Law Review

This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of ...


The Future Of The Common Law Tradition, Alan Watson Nov 1984

The Future Of The Common Law Tradition, Alan Watson

Scholarly Works

What, then, can one say about the common law tradition as it will develop in the relatively near future? In terms of the future development of the common law systems, three facts seem certain and decisive. In the first place, there has been, as a matter of observable fact, a great shift in the balance of lawmaking in the common law world from judicial precedent to legislation, which together comprise the two main sources of law. In the second place, there is a deep awareness in the common law countries of a crisis in lawmaking, an awareness that is probably ...


Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser Oct 1984

Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser

Buffalo Law Review

No abstract provided.


Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper Oct 1984

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Michigan Law Review

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the ...


Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller Sep 1984

Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller

Washington and Lee Law Review

No abstract provided.


Philosophical Hermeneutics: Toward An Alternative View Of Adjudication, James J. Hamula Sep 1984

Philosophical Hermeneutics: Toward An Alternative View Of Adjudication, James J. Hamula

BYU Law Review

No abstract provided.


Thoughts On Decisionmaking, Patricia M. Wald Sep 1984

Thoughts On Decisionmaking, Patricia M. Wald

West Virginia Law Review

No abstract provided.


Justice, Mercy, And Craziness, Stephen J. Morse Jul 1984

Justice, Mercy, And Craziness, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger Jul 1984

A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger

Indiana Law Journal

No abstract provided.


The Florida Industrial Development Bond Financing Act: The Need For Judicial Consistency, Dennis Scholl, Marc D. Jimenez Apr 1984

The Florida Industrial Development Bond Financing Act: The Need For Judicial Consistency, Dennis Scholl, Marc D. Jimenez

Florida State University Law Review

No abstract provided.


Revitalizing American Liberalism, David Gregory Apr 1984

Revitalizing American Liberalism, David Gregory

Buffalo Law Review

Book review of Brue Ackerman's Reconstructing American Law


The Jurisprudence Of The Connecticut Constitution, Richard Kay Jan 1984

The Jurisprudence Of The Connecticut Constitution, Richard Kay

Faculty Articles and Papers

No abstract provided.


Hart's Definition And Theory In Jurisprudence Again, Robert Birmingham Jan 1984

Hart's Definition And Theory In Jurisprudence Again, Robert Birmingham

Faculty Articles and Papers

No abstract provided.


Connecticut V. Johnson: Can Sandstrom Error Ever Be Harmless?, Charles A. Dorff Jr. Jan 1984

Connecticut V. Johnson: Can Sandstrom Error Ever Be Harmless?, Charles A. Dorff Jr.

Loyola University Chicago Law Journal

No abstract provided.


On Complaining About The Burger Court, Robert F. Nagel Jan 1984

On Complaining About The Burger Court, Robert F. Nagel

Articles

No abstract provided.


The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller Jan 1984

The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller

Articles

No abstract provided.


Froud V. Celotex Corp.: Rebirth Of An Adage, 17 J. Marshall L. Rev. 781 (1984), Thomas F. Londrigan Jan 1984

Froud V. Celotex Corp.: Rebirth Of An Adage, 17 J. Marshall L. Rev. 781 (1984), Thomas F. Londrigan

UIC Law Review

No abstract provided.


Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy Jan 1984

Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy

UIC Law Review

No abstract provided.


Container Corporation Of America V. Franchise Tax Board: State Taxation Of Foreign Income And The Worldwide Combined Unitary Method: The United States Supreme Court Passes The Buck To Congress, 17 J. Marshall L. Rev. 587 (1984), Daniel Frommeyer Jan 1984

Container Corporation Of America V. Franchise Tax Board: State Taxation Of Foreign Income And The Worldwide Combined Unitary Method: The United States Supreme Court Passes The Buck To Congress, 17 J. Marshall L. Rev. 587 (1984), Daniel Frommeyer

UIC Law Review

No abstract provided.


Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer Jan 1984

Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


The Source Of Law In Civil Rights Cases; Some Old Light On Section 1988, Seth F. Kreimer Jan 1984

The Source Of Law In Civil Rights Cases; Some Old Light On Section 1988, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne Jan 1984

Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne

Faculty Scholarship

With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.


Imputed Criminal Liability, Paul H. Robinson Jan 1984

Imputed Criminal Liability, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson Jan 1984

Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson Jan 1984

Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson Jan 1984

Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton Jan 1984

The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton

Faculty Scholarship at Penn Law

Professor Bratton examines judicial regulation of issuer-bondholder conflicts of interest within three different, but closely related doctrinal frameworks: neoclassical contract interpretation; contract avoidance; and corporate law fiduciary restraint. After discussing the elements of convertible bond valuation and their interaction with issuer actions giving rise to conflicts of interest, he evaluates the case for judicial intervention to protect bondholder interests. He concludes that ·bondholder protective intervention is fair and tolerably efficient, provided it is kept within the bounds of contract interpretation. But he finds that more aggressive judicial intervention under the frameworks of contract avoidance and fiduciary restraint carries an unnecessary ...