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Articles 61 - 90 of 170
Full-Text Articles in Law
Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker
Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker
American University Law Review
No abstract provided.
The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman
The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman
American University Law Review
No abstract provided.
Conservatism And The Rehnquist Court, David F. Forte
Conservatism And The Rehnquist Court, David F. Forte
Law Faculty Articles and Essays
Now that the Supreme Court has been overwhelmingly staffed by appointees of Republican Presidents, we can ask: To what extent have they been faithful to the original version of the Constitution as articulated during its early years? How have they revivified the structural protections? How have they communicated an ethical sense of their own role in the structure? The answer, unfortunately, is that the record remains disappointing.
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Supreme Court Rule 219: The Consequences Of Refusal To Comply With Rules Or Orders Relating To Discovery Or Pretrial Conferences, Leonard E. Gross
Supreme Court Rule 219: The Consequences Of Refusal To Comply With Rules Or Orders Relating To Discovery Or Pretrial Conferences, Leonard E. Gross
Loyola University Chicago Law Journal
No abstract provided.
Is There Consortium Before Birth? Expanding The Availability Of Loss Of Social Damages In Wrongful Death Actions, Harry Poulos
Is There Consortium Before Birth? Expanding The Availability Of Loss Of Social Damages In Wrongful Death Actions, Harry Poulos
Loyola University Chicago Law Journal
No abstract provided.
Developing A Tribal Common Law Jurisprudence: The Navajo Experience 1969-1992, Daniel L. Lowery
Developing A Tribal Common Law Jurisprudence: The Navajo Experience 1969-1992, Daniel L. Lowery
American Indian Law Review
No abstract provided.
The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner
The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner
UIC Law Review
No abstract provided.
A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger
A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger
UIC Law Review
No abstract provided.
La Cour Constitutionnelle Roumaine. Premiers Pas. (The Romanian Constitutional Court. First Steps), Dana Neacsu
La Cour Constitutionnelle Roumaine. Premiers Pas. (The Romanian Constitutional Court. First Steps), Dana Neacsu
Law Faculty Publications
As a panel member, Constitutional Law Study and Research Group, University of Aix-Marseille III, France this Paper covered the early jurisprudence of the Romanian Constitutional Court (September 1993) (in French)
Voice And Text In Constitutionalism, Ferenc Feher
Voice And Text In Constitutionalism, Ferenc Feher
Cardozo Law Review
No abstract provided.
Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West
Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West
Cardozo Law Review
No abstract provided.
Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.
Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.
Cardozo Law Review
No abstract provided.
The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons
The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons
Cardozo Law Review
This paper is adapted from the Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Cardozo School of Law, Yeshiva University, on March 10, 1992.
New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson
New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson
Cardozo Law Review
No abstract provided.
Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider
Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Georgetown Law Faculty Publications and Other Works
Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.
Furthermore, according to Dripps, …
Journeying Through The Valley Of Evil., Douglas O. Linder
Journeying Through The Valley Of Evil., Douglas O. Linder
Faculty Works
No abstract provided.
Nurture And Natural Law, David F. Forte
Nurture And Natural Law, David F. Forte
Law Faculty Articles and Essays
The state cannot take the place of the nurturing acts between individuals. It can assist the formation of those relationships. It can seek to prevent the vulnerabilities present in intimate relationships from resulting in harm (spousal abuse or abortion, for example), but it cannot construct its own alternative to how humans can beneficially interact. It can coordinate the generic basics of security, subsistence, and education; it can encourage patterns of nurturing (parental involvement in education, a wider range of information available in abortion decisions, welfare policies that reward bonding and independence); it can seek to prevent harm (rescuing those in …
The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer
The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.
Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.
All Faculty Scholarship
The Kaye Scholer I case has excited much attention and alarm within the legal profession. 2 It is interpreted as greatly expanding the scope of lawyer liability to third parties and heralding much greater regulatory intervention into the relationship between lawyer and client. In some respects this interpretation is accurate. The Kaye Scholer proceeding is at least a "wake up call" to the legal profession, signalling that lawyers should be much more attentive to their legal and ethical obligations in transactional and regulatory matters. However, there is also much misunderstanding about Kaye Scholer, particularly the supposition that it created novel …
Blackmail And Other Forms Of Arm-Twisting, Leo Katz
Blackmail And Other Forms Of Arm-Twisting, Leo Katz
All Faculty Scholarship
No abstract provided.
Book Review, Paul Campos
Three Mistakes About Interpretation, Paul Campos