Law Commons^™

Fiduciary Obligation Under Intellectual Siege: Contemporary Challenges To The Duty To Be Loyal, Deborah A. Demott

Osgoode Hall Law Journal

This essay argues that fiduciary obligation is a distinctive type of obligation. Its central rationale, nurturing and enforcing commitments to act loyally toward the interests of others, furnishes limits on the reach of fiduciary obligations. Attempts to characterize fiduciary obligation as solely a type of contractual obligation or as a concept best rationalized by the law of torts are unpersuasive, as are attempts to capture fiduciary obligation within definitions of altruistic behaviour. The author elaborates these arguments using examples drawn from partnership and corporate law.

An Integrated Jurisprudence And Its Influence In Fighting Poverty, Kevin L. O'Shea

University of the District of Columbia Law Review

No abstract provided.

Two Cheers For Authority: Should Officials Obey The Law?, Georgetown University Law Center

Philip A. Hart Memorial Lecture

In 1992, Professor Frederick Schauer of Harvard University, delivered the Georgetown Law Center’s twelfth Annual Philip A. Hart Memorial Lecture: "Two Cheers for Authority: Should Officials Obey the Law?."

Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. Previously he served for 18 years as Frank Stanton Professor of the First Amendment at the John F. Kennedy School of Government, Harvard University, where he has served as academic dean and acting dean, and before that was a Professor of Law at the University of Michigan. He is the author of The Law …

Incommensurability As A Jurisprudential Puzzle, Richard Warner

All Faculty Scholarship

No abstract provided.

Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz

Michigan Law Review

In An Interpretive History of Modem Equal Protection, Michael Klarman poses a powerful challenge to the conventional wisdom regarding the structure of Burger Court jurisprudence. Most commentators have concluded that during the Burger era the Court lacked a coherent vision of constitutional law, and was given to a "rootless" activism or a "pragmatic" approach to constitutional analysis. Klarman argues that, at least in the area of equal protection analysis, the Burger Court's approach did reflect a unifying theme, which he describes as a focus on "legislative inputs." According to Klarman, this approach "directs judicial review towards purging legislative decision-making of …

Section 1983 And Implied Rights Of Action: Rights, Remedies, And Realism, Michael A. Mazzuchi

Michigan Law Review

This Note criticizes the Court's current reconciliation of the implied right of action and section 1983 inquiries, and argues that the availability of lawsuits under section 1983 should be the same as under an implied right of action test. Part I, by offering a working definition of rights, suggests an approach to identifying statutorily created rights. Part II discusses the evolution of the Court's implied right of action ' jurisprudence, and explores several explanations for the Court's hesitancy to create implied rights of action. Part III examines the influence of the Court's implied right of action test on its jurisprudence …

Remarks On The Process Of Judging, William H. Rehnquist

Washington and Lee Law Review

No abstract provided.

Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman

Michigan Law Review

This Note develops a simple set of principles useful for defining navigable waters in a contemporary context. Part I considers why federal admiralty jurisdiction exists, and traces the evolution of the phrase navigable waters as a term of art. Part II analyzes the conflicting contemporary definitions of navigable waters. Part III resolves the conflict by proposing guidelines that address the major concerns of all competing definitions. The system advocated is consistent with the goals of admiralty, constitutionally sound, easy to apply, and focuses attention on the nexus test to resolve the issue of whether particular cases "belong" in admiralty.

Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells

Washington and Lee Law Review

No abstract provided.

The Jurisprudence Of Genetics, Rochelle C. Dreyfuss, Dorothy Nelkin

Vanderbilt Law Review

In recent years, genetic research has ascended the list of national research priorities. From among the many weighty claims on the fisc, Congress has chosen to provide significant federal support for the Human Genome Initiative, a project aimed at mapping the complete set of genetic instructions that form the structure of inherited attributes. Geneticists anticipate that the project will disclose important new in- formation on human development and disease. Some go further. One influential scientist remarked that this work is "the ultimate answer to the commandment 'Know thyself.' ""

The decision to fund this Initiative, the largest biology project in …

The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell

Cardozo Law Review

No abstract provided.

Autopoiesis In America, Stephen Diamond

Cardozo Law Review

No abstract provided.

The Hegelian Revival In American Legal Discourse, David G. Carlson

Articles

No abstract provided.

Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe

Cardozo Law Review

No abstract provided.

Hegel And The Problem Of Slavery, Steven B. Smith

Cardozo Law Review

No abstract provided.

Interpretation Versus Understanding Systems, Hans Ulrich Gumbrecht

Cardozo Law Review

No abstract provided.

Operational Closure And Structural Coupling: The Differentiation Of The Legal System, Niklas Luhmann

Cardozo Law Review

No abstract provided.

The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner

Cardozo Law Review

No abstract provided.

Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon

Cardozo Law Review

No abstract provided.

Law, Morality, And Autopoiesis In Niklas Luhmann: Comment On Drucilla Cornell’S Time, Deconstruction, And The Challenge To Legal Positivism: The Call For Judicial Responsibility, Charles Larmore

Cardozo Law Review

No abstract provided.

Law As Discourse, George P. Fletcher

Cardozo Law Review

No abstract provided.

Autopoiesis And Justice, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Open Justice In A Closed Legal System?, Bernhard Schlink

Cardozo Law Review

No abstract provided.

Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun

Scholarly Articles

None available.

Mu'min V. Virginia: The Supreme Court's Failure To Establish Adequate Judicial Procedures To Counter The Prejudicial Effects Of Pretrial Publicity, David Edsey

Loyola University Chicago Law Journal

No abstract provided.

Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson

Faculty Articles and Other Publications

Those of us in legal education and in the profession of law are in debt to the Law Review for publishing in this issue the last work of the late Professor Irvin Rutter, Law, Language, and Thinking Like a Lawyer.

On the occasion of Irvin Rutter's retirement in 1980, I briefly summarized these earlier contributions, locating them within the legal realist tradition, and we awaited the publication of his last work, then still in draft not quite satisfactory to Professor Rutter. In this essay, I situate his final work on teaching law in the pragmatist tradition with special emphasis on …

Victim Impact Evidence, Arbitrariness, And The Death Penalty: The Supreme Court Flipflops In Payne V. Tennessee, Aida Alaka

Loyola University Chicago Law Journal

No abstract provided.

Objectivity And Democracy, David K. Millon

Scholarly Articles

As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive "language-game" …

With Liberty And Justice For Whom? The Recent Evangelical Debate Over Capitalism (Book Review), Thomas L. Shaffer

Journal Articles

Those who for scholarly or journalistic convenience aggregate hundreds of Christian denominations into four or five "movements" put the radical Christian pacifist Jim Wallis (of Sojourners magazine) and Dr. Jerry Falwell, founder of the Moral Majority, in one theological category. They are both evangelicals, heirs of Calvinism and the Radical Reformation, both practitioners of "conservative Protestant orthodoxy," both believers in the fundamental authority of the Bible.

And, because both of them, and thousands of Christians who follow one or both of them, are trying to respond to the criticism that evangelicalism (or "fundamentalism") neglects social and economic issues, they are …

Loitz V. Remington Arms Co.: The Illinois Supreme Court Sets A Tougher Standard For Reviewing Punitive Damage Awards In Products Liability Cases, 25 J. Marshall L. Rev. 427 (1992), Eric P. Loukas

UIC Law Review

No abstract provided.