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Articles 6541 - 6570 of 9347

Full-Text Articles in Law

Christians And The Military, Jeffrey C. Tuomala Jun 2000

Christians And The Military, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Empirical Methods And The Law, Theodore Eisenberg Jun 2000

Empirical Methods And The Law, Theodore Eisenberg

Cornell Law Faculty Publications

One can divide empirical analysis of legal issues into three major branches: (1) the use of scientific empirical analysis by litigants to attempt to prevail in individual cases, (2) the use of social scientific empirical analysis in individual cases, and (3) the use of the empirical methods to describe the legal system’s operation. The first two uses present difficulties that reflect a fundamental limitation on using statistical methods in law: the difference between establishing statistical association and establishing actual causation in an individual case filtered through our adversary legal system. The third use encounters no such obstacle and can aid …


Foreword: The Question Of Process, J. Harvie Wilkinson Iii May 2000

Foreword: The Question Of Process, J. Harvie Wilkinson Iii

Michigan Law Review

Many in the legal profession have abandoned the great questions of legal process. This is too bad. How a decision is reached can be as important as what the decision is. In an increasingly diverse country with many competing visions of the good, it is critical for law to aspire to agreement on process - a task both more achievable than agreement on substance and more suited to our profession than waving the banners of ideological truth. By process, I mean the institutional routes by which we in America reach our most crucial decisions. In other words, process is our …


Miranda'S Fall?, Kenji Yoshino May 2000

Miranda'S Fall?, Kenji Yoshino

Michigan Law Review

If one wishes to revisit a classic, Albert Crunus's The Fall is a riskier choice than Harper Lee's To Kill a Mockingbird, which Steven Lubet eloquently discussed last year in these pages. It is not only that Camus's work will be less familiar to legal audiences than Lee's, despite the fact that The Fall is becoming recognized through critical "revisitation" as perhaps Crunus's greatest novel. It is also that the legal protagonist of The Fall, Jean-Baptiste Clamence, does not have Atticus Finch's immediate appeal. Finch is idealistic, Clamence is existential; Finch is pious, Clamence is debauched; Finch is hopeful, Clamence …


Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas May 2000

Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas

Cardozo Law Review

No abstract provided.


Introduction, Andreas Kalyvas, Jan Müller May 2000

Introduction, Andreas Kalyvas, Jan Müller

Cardozo Law Review

No abstract provided.


Schmitt Reads Marx, Jorge E. Dotti May 2000

Schmitt Reads Marx, Jorge E. Dotti

Cardozo Law Review

No abstract provided.


The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao May 2000

The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao

Cardozo Law Review

No abstract provided.


Carl Schmitt's Antiliberalism: Its Theoretical And Historical Sources And Its Philosophical And Political Meaning, Carlo Galli May 2000

Carl Schmitt's Antiliberalism: Its Theoretical And Historical Sources And Its Philosophical And Political Meaning, Carlo Galli

Cardozo Law Review

No abstract provided.


Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter May 2000

Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter

Cardozo Law Review

No abstract provided.


Carl Schmitt And His Influence On Historians, Reinhard Mehring May 2000

Carl Schmitt And His Influence On Historians, Reinhard Mehring

Cardozo Law Review

No abstract provided.


Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky May 2000

Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky

Cardozo Law Review

No abstract provided.


The Normless And Exceptionless Exception: Carl Schmitt's Theory Of Emergency Powers And The "Norm-Exception" Dichotomy, Oren Gross May 2000

The Normless And Exceptionless Exception: Carl Schmitt's Theory Of Emergency Powers And The "Norm-Exception" Dichotomy, Oren Gross

Cardozo Law Review

No abstract provided.


Notes On Carl Schmitt And Marxism, Benedetto Fontana May 2000

Notes On Carl Schmitt And Marxism, Benedetto Fontana

Cardozo Law Review

No abstract provided.


Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick May 2000

Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick

Cardozo Law Review

No abstract provided.


Forensic Constitutional Interpretation, Brian F. Havel Apr 2000

Forensic Constitutional Interpretation, Brian F. Havel

William & Mary Law Review

No abstract provided.


Foreword: Is Justice Just Us?, Christopher Slobogin Apr 2000

Foreword: Is Justice Just Us?, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This is a review of JUSTICE, LIABILITY AND BLAME, by Paul Robinson and John Darley. The book is a summary of 18 studies which surveyed lay subjects about their attitudes toward various aspects of criminal law doctrine, including the act requirement for attempt, omission liability, accomplice liability, the felony-murder role, and the intoxication and insanity defenses. In virtually every study, the authors found that the subjects disagreed with the Model Penal Code's position, the common law's position, or both. The authors contend that results of surveys such as theirs should play a significant role in designing criminal doctrine, both because …


Rationality In Law And Economics Scholarship, Jeanne L. Schroeder Apr 2000

Rationality In Law And Economics Scholarship, Jeanne L. Schroeder

Articles

Jeanne L. Schroeder critiques Richard Posner's conception of rationality in law and economics, arguing that his broad and evolving definition dilutes the concept, rendering it too vague and analytically weak. She advocates for a more nuanced approach that integrates psychological insights and acknowledges the limitations of traditional economic models. Schroeder emphasizes the need for empirical accuracy and theoretical rigor, challenging Posner's dismissal of behavioral economics and his reliance on evolutionary biology for explanations of irrational behavior.


Developing A Legal Frame For Understanding The Production And Distribution Of Electricity In Mexico, Niceforo Guerrero Reynoso Mar 2000

Developing A Legal Frame For Understanding The Production And Distribution Of Electricity In Mexico, Niceforo Guerrero Reynoso

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Accounting Services For The 21st Century, Patricia Hernandez-Esparza Mar 2000

Accounting Services For The 21st Century, Patricia Hernandez-Esparza

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Preview Of Problems In Product Liability: U.S. And Mexico, Francisco Velazquez Mar 2000

Preview Of Problems In Product Liability: U.S. And Mexico, Francisco Velazquez

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Masthead, United States-Mexico Law Journal Mar 2000

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Project Finance: A Hypothetical Case Involving The Financing Of A Power Generating Plant In Guanajuato, Mexico (A Panel Discussion), John Stephenson, Miguel Jauregui Rojas, Michael Owen Mar 2000

Project Finance: A Hypothetical Case Involving The Financing Of A Power Generating Plant In Guanajuato, Mexico (A Panel Discussion), John Stephenson, Miguel Jauregui Rojas, Michael Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson Mar 2000

Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson

Articles

The article explores the intersection of law, morality, and subjectivity through the lens of Slavoj Žižek's philosophical works, particularly in the context of the impeachment of President Clinton. It argues that the public's negative reaction to the impeachment was rooted in a fear of encountering "diabolical evil," a concept drawn from Kantian philosophy, where law and morality coincide perfectly. This form of evil is more terrifying than ordinary evil because it is committed without pathological motives, purely for the sake of duty.


The Dead End Of Deterrence, And Beyond, Kyron J. Huigens Mar 2000

The Dead End Of Deterrence, And Beyond, Kyron J. Huigens

Articles

No abstract provided.


A Paradigm From Securities Law Of Uninformed Supreme Court Decisionmaking, Larry D. Soderquist Mar 2000

A Paradigm From Securities Law Of Uninformed Supreme Court Decisionmaking, Larry D. Soderquist

Washington and Lee Law Review

No abstract provided.


Deciphering Courts Of Appeals Decisions Using The U.S. Courts Of Appeals Data Base, Tracey E. George, Reginald S. Sheehan Mar 2000

Deciphering Courts Of Appeals Decisions Using The U.S. Courts Of Appeals Data Base, Tracey E. George, Reginald S. Sheehan

Vanderbilt Law School Faculty Publications

Is one circuit significantly more conservative or liberal than the others? Do circuit courts consistently avoid deciding the substance of certain appeals by concluding that the plaintiffs lack standing? Have state governments been more successful than other parties when they appeal adverse district court rulings? Do appeals courts act in a majoritarian or countermajoritarian manner with regard to elected institutions and the general public? The United States Courts of Appeals Data Base, an extensive data set of courts of appeals decisions, can address these and other questions about the circuit courts. This article describes the background, scope, and content of …


Front Matter, United States-Mexico Law Journal Mar 2000

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Welcome Remarks, Jose Luis Romero Hicks Mar 2000

Welcome Remarks, Jose Luis Romero Hicks

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Transportation Of Cargo Across The U.S.-Mexico Border, Warren A. Goff Mar 2000

Transportation Of Cargo Across The U.S.-Mexico Border, Warren A. Goff

United States - Mexico Law Journal (1993-2005)

No abstract provided.