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Articles 31 - 60 of 107
Full-Text Articles in Law
Excluding Reasons: Impossible Comparisons And The Law, Richard Warner
Excluding Reasons: Impossible Comparisons And The Law, Richard Warner
All Faculty Scholarship
No abstract provided.
Administration Of Justice In Mexico: What Does The Future Hold, Rafael Estrada Samano
Administration Of Justice In Mexico: What Does The Future Hold, Rafael Estrada Samano
United States - Mexico Law Journal (1993-2005)
No abstract provided.
A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns
A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns
BYU Law Review
No abstract provided.
Prediction And The Rule Of Law, Michael C. Dorf
Prediction And The Rule Of Law, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Looking Back In Pursuit Of The Art Of Law, Gordon A. Christenson
Looking Back In Pursuit Of The Art Of Law, Gordon A. Christenson
Faculty Articles and Other Publications
As part of the centennial celebration of the Washington College of Law, I am pleased to accept the invitation of The Law Review to revisit those six fascinating years of my deanship from 1971 to 1977. It is time for a backward glance in light of the profound changes that have since taken place in society, as well as in the Washington College of Law (WCL).
Justice Blackmun And Securities Arbitration: Mcmahon Revisited, James A. Fanto
Justice Blackmun And Securities Arbitration: Mcmahon Revisited, James A. Fanto
Faculty Scholarship
No abstract provided.
Desperately Seeking Science, Francis J. Mootz Iii
Desperately Seeking Science, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy
The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy
University of Michigan Journal of Law Reform
This Note discusses the quid pro quo requirement under the Hobbs Act, a federal criminal statute which applies to bribery by public officials. The author first describes two recent decisions by the Supreme Court, McCormick v. United States and Evans v. United States, which established slightly different versions of a quid pro quo requirement in public corruption prosecutions under the Hobbs Act. The author then explains that the lower federal courts interpreting McCormick and Evans have molded the quid pro quo requirement so that a prosecutor must prove in all public corruption cases under the Hobbs Act that the …
Criminal Fault As Per The Lamer Court And The Ghost Of William Mcintyre, Michael J. Bryant
Criminal Fault As Per The Lamer Court And The Ghost Of William Mcintyre, Michael J. Bryant
Osgoode Hall Law Journal
Contrary to recent criticisms to the effect that the Supreme Court of Canada favours the rights of criminal defendants and shuns the interests of the community, the Lamer Court has in fact championed the moral requisites of the community in its constitutional jurisprudence on criminal fault. By viewing rights and responsibilities as inextricably linked, the Lamer Court implicitly borrows from natural law traditions espoused by the Dickson Court's most conspicuous dissenter on criminal fault issues-Mr. Justice William McIntyre. This article argues that the tradition or philosophy underlying criminal fault as per the Lamer Court contrasts with the individualist, rights-oriented tendency …
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
LLM Theses and Essays
Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …
Abortion Counseling As Vice Activity: The Free Speech Implications Of Rust V. Sullivan And Planned Parenthood V. Casey, Christina E. Wells
Abortion Counseling As Vice Activity: The Free Speech Implications Of Rust V. Sullivan And Planned Parenthood V. Casey, Christina E. Wells
Faculty Publications
Part I of this article discusses the Court's opinions in Rust and Casey. It first demonstrates that the driving force in both decisions was the Court's characterization of abortion counseling as an activity rather than as speech. Part I further discusses the speech/conduct distinction in First Amendment jurisprudence and demonstrates that abortion counseling falls on the speech side of that distinction. Parts II and III suggest that the real cause of the conflation of speech and conduct in Rust and Casey was the confluence of (1) the reemergence of reasoning found in a curious commercial speech decision -- Posadas de …
What's Wrong With Exploitation?, Justin Schwartz
What's Wrong With Exploitation?, Justin Schwartz
Justin Schwartz
Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …
In Defence Of Exploitation, Justin Schwartz
In Defence Of Exploitation, Justin Schwartz
Justin Schwartz
The concept of exploitation is thought to be central to Marx's Critique of capitalism. John Roemer, an analytical (then-) Marxist economist now at Yale, attacked this idea in a series of papers and books in the 1970s-1990s, arguing that Marxists should be concerned with inequality rather than exploitation -- with distribution rather than production, precisely the opposite of what Marx urged in The Critique of the Gotha Progam.
This paper expounds and criticizes Roemer's objections and his alternative inequality based theory of exploitation, while accepting some of his criticisms. It may be viewed as a companion paper to my What's …
Anti-Intellectualism, Pierre Schlag
The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen
The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen
Journal Articles
Part I of this article focuses on the history of parol evidence in contract interpretation, describing both Williston's and Corbin's definition and application of the parol evidence rule. With the adoption of the UCC and the Second Restatement, we suggest that Corbin's position-that expansion of admissibility of parol evidence will more accurately reflect the drafters' manifest intentions and minimize the judge's personal biases-has been accepted by experts and legislators alike. In Part II, we summarize the use of legislative history in statutory interpretation, focusing on the rise of the New Textualism and its critique of the use of legislative history …
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis
UIC Law Open Access Faculty Scholarship
With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …
Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen
Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen
American University Law Review
No abstract provided.
Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg
Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg
Faculty Scholarship
Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association's Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this …
Obligations Of Hiv-Infected Health Professionals To Inform Patients Of Their Serological Status: Evolving Theories Of Liability, 27 J. Marshall L. Rev. 317 (1994), Theodore R. Leblang
Obligations Of Hiv-Infected Health Professionals To Inform Patients Of Their Serological Status: Evolving Theories Of Liability, 27 J. Marshall L. Rev. 317 (1994), Theodore R. Leblang
UIC Law Review
No abstract provided.
The Illusion And Allure Of Textualism, Stephen A. Plass
The Illusion And Allure Of Textualism, Stephen A. Plass
Villanova Law Review
No abstract provided.
The Liability Of Blood Banks And Manufacturers Of Clotting Products To Recipients Of Hiv-Infected Blood: A Comparison Of The Law And Reaction In The United States, Canada, Great Britain, Ireland, And Australia, 27 J. Marshall L. Rev. 465 (1994), Joseph Kelly
UIC Law Review
No abstract provided.
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
UIC Law Review
No abstract provided.
Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg
Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
Metaphors are not pretty figures of speech; they affect the way people within cultures perceive reality. It is therefore significant that the metaphors most commonly used for the adversary system center on war and sports. This tends to over-emphasize the competitive aspects of litigation and disguise opportunities for more cooperative behavior. This article collects and analyzes those metaphors, and discusses the reasons for their powerful hold on legal culture. It also considers some of the negative effects of the metaphorical system and speculates about whether we could find and nurture alternative metaphors.
This Is Not A Sentence, Paul F. Campos
The Radical Feminist Defense Of Individualism, Cynthia V. Ward
The Radical Feminist Defense Of Individualism, Cynthia V. Ward
Faculty Publications
No abstract provided.
Fee Shifting And Predictability Of Law, Keith N. Hylton
Fee Shifting And Predictability Of Law, Keith N. Hylton
Faculty Scholarship
Lawyers are trained to distinguish between substance and procedure. The substantive law is comprised of standards, such as the Learned Hand formula of negligence, that are used to determine whether a violation of the law has occurred. Procedural rules, on the other hand, determine whether and under what conditions a party can bring suit or be joined in an ongoing suit, the conditions under which a decision may be appealed, the burden of proof, and the allocation of legal expenses.
Surveying The "Forms Of Doctrine" On The Bright Line Balancing Test Continuum, James G. Wilson
Surveying The "Forms Of Doctrine" On The Bright Line Balancing Test Continuum, James G. Wilson
Law Faculty Articles and Essays
This article's primary contribution to the rule/standard problem is to map the rule/standard continuum more precisely. This article will analyze several cases to reveal numerous forms of doctrine that are hybrids of the two archetypes, "rules" and "standards," including the aforementioned escape hatches, exceptions, and factor tests, and will also discuss costs and benefits of using each of these different forms, irrespective of substance. Judges must choose among a large number of valid forms, attempting to create the best "fit" between the chosen form, a judicial means, and higher-level ends, such as efficiency, social stability, consistency, or autonomy.The article will …
Justice Stephen Breyer: Purveyor Of Common Sense In Many Forums, Jeffrey Lubbers
Justice Stephen Breyer: Purveyor Of Common Sense In Many Forums, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter
UIC Law Review
No abstract provided.
The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller
The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller
UIC Law Review
No abstract provided.