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Articles 7651 - 7680 of 9286
Full-Text Articles in Law
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Publications
No abstract provided.
Pre-Figuration And Evaluation, Pierre Schlag
Pre-Figuration And Evaluation, Pierre Schlag
Publications
In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.
Is There A Natural Law Right To Privacy?, Ralph F. Gaebler
Is There A Natural Law Right To Privacy?, Ralph F. Gaebler
Articles by Maurer Faculty
No abstract provided.
The Federal Rules Of Evidence After Sixteen Years -- The Effect Of "Plain Meaning" Jurisprudence, The Need For An Advisory Committee On The Rules Of Evidence, And Suggestions For Selective Revision Of The Rules, Aviva A. Orenstein, Edward R. Becker
The Federal Rules Of Evidence After Sixteen Years -- The Effect Of "Plain Meaning" Jurisprudence, The Need For An Advisory Committee On The Rules Of Evidence, And Suggestions For Selective Revision Of The Rules, Aviva A. Orenstein, Edward R. Becker
Articles by Maurer Faculty
No abstract provided.
Muncipal Law, Honorable Leon D. Lazer
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Touro Law Review
No abstract provided.
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
Touro Law Review
No abstract provided.
Freedom Of Speech And The Press
Freedom Of Speech And The Press
Ineffective Assistance Of Counsel
Reading And Writing The Renaissance Commonplace Book: A Question Of Authorship?, Max W. Thomas
Reading And Writing The Renaissance Commonplace Book: A Question Of Authorship?, Max W. Thomas
Cardozo Arts & Entertainment Law Journal
No abstract provided.
From Rights In Copies To Copyright: The Recognition Of Authors' Rights In English Law And Practice In The Sixteenth And Seventeenth Centuries, John Feather
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn
Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn
St. Mary's Law Journal
In Texas, worries of judicial overproduction have persisted throughout the twentieth century. Although the Texas Supreme Court began to use per curiam opinions more frequently around 1925, the flood continues. Texas now has more courts and judges than ever before, and history offers no reason to expect retrenchment. The present scheme in Texas creates two classes of judicial opinions, published and unpublished. Unpublished opinions are not supposed to count for purposes of stare decisis, while published opinions do. Texas Appellate Rule 90 regulates the issuance of opinions from the courts of appeals. Part (a) requires intermediate courts to issue written …
Analyzing Scientific Evidence: From Validity To Reliability With A Two-Step Approach., Renee A. Forinash
Analyzing Scientific Evidence: From Validity To Reliability With A Two-Step Approach., Renee A. Forinash
St. Mary's Law Journal
Throughout legal history, courts have wrestled with scientific evidence. Sometimes the courts admitted invalid evidence disguised as science. In the 1920’s, courts developed a very limited standard of admissibility for scientific evidence. Under the Frye test, a scientific expert’s conclusion was inadmissible unless the conclusion was generally accepted by the scientific community. Although this prevented “junk science” from invading courtrooms, it also protected invalid scientific evidence already present in the system and restricted using new, but valid, scientific techniques. In response, many jurisdictions developed more liberal evidentiary standards. The liberal standards averted the “cultural lag” for which Frye was criticized …
Writing For Judges, Pierre Schlag
A Mirror For The Magistrate, Paul Campos
A Stream Of Legal Consciousness: The Current Of Commerce Doctrine From Swift To Jones And Laughlin, Barry Cushman
A Stream Of Legal Consciousness: The Current Of Commerce Doctrine From Swift To Jones And Laughlin, Barry Cushman
Journal Articles
In this article on constitutional development and the New Deal Court, Professor Cushman argues that the conventional story of the Court's radical reversing of its jurisprudence in the face of the Court-packing plan is misconceived. The article instead seeks to demonstrate that Jones & Laughlin, one of the cases comprising the Constitutional Revolution of 1937, was conceptually, stylistically, and doctrinally congruent with the Court's contemporary jurisprudence. The paradigm shift in commerce clause jurisprudence. Professor Cushman contends, came not in 1937, but in 1941 and 1942, after Roosevelt had had an opportunity to refashion the Court with a new generation of …
Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn
Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn
St. Mary's Law Journal
In Heitman v. State, the Texas Court of Criminal Appeals appeared to break with the court’s prior holdings to announce it would no longer “automatically adopt and apply” to the search and seizure provisions of the Texas Constitution “the Supreme Court’s interpretations of the Fourth Amendment.” The reaction to Heitman was immediate and striking. Heitman is obviously a significant decision that could impact Texas criminal jurisprudence for decades. Yet, the decision left many questions unanswered, including whether the search and seizure provision should be construed as placing greater restrictions on law enforcement than the Fourth Amendment of the United States …
The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz
The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz
St. Mary's Law Journal
The 1992 presidential candidacy of Jerry Brown, who called for campaign contribution limits, has reignited the issue of campaign finance reform. Indeed, the United States Supreme Court has recognized the importance of campaign finance reform as a judicial issue. The importance of this issue is marked by the Court’s continued willingness to address the regulation of campaign finance since the 1976 landmark case of Buckley v. Valeo. The case of Austin v. Michigan Chamber of Commerce emphasized the somewhat confused nature of the Supreme Court’s campaign finance reform decisions. The Supreme Court and state legislatures will likely continue to address …
Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson
Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson
St. Mary's Law Journal
Texas has an opportunity to improve a necessary tool of family law by recognizing and advancing wrongful adoption. There is an underlying lack of recognition for the interests of adoptive parents in adoption law. Those who choose to adopt necessarily rely on the information provided by an adoption agency in making their decision. As such, adoptive parents are particularly vulnerable to misrepresentation about the pertinent history of the adoptee. Recent cases in other states demonstrate the progression of wrongful adoption as a tort, yet many inadequacies remain. The necessary progression of wrongful adoption calls for the imposition of a duty …
Justice David Souter And Statutory Interpretation, William S. Jordan Iii
Justice David Souter And Statutory Interpretation, William S. Jordan Iii
Akron Law Faculty Publications
This article analyzes Justice David Souter’s early approach to statutory interpretation, drawing insights from his opinions shortly after joining the U.S. Supreme Court. William S. Jordan III situates Souter within the broader interpretive landscape, comparing his methodology to those of his contemporaries, particularly textualists and intentionalists. Jordan examines Souter’s nuanced engagement with legislative history, statutory text, and purpose, highlighting his tendency to seek a balanced and pragmatic interpretive stance. Rather than adhering rigidly to any single school of thought, Souter's opinions reflect a moderate, context-sensitive methodology grounded in respect for both legislative intent and judicial restraint. The article argues that …
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
Faculty Publications
Professor Baker weighs in on a new trend of allowing expert opinion on the status of the law. He begins with a brief history of lay and expert opinion testimony and continues with an analysis of Rule 702 of the Federal Rules of Evidence before concluding that expert opinion on the law simply has no place in federal practice.
Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii
Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii
Scholarly Works
Professor J.M. Balkin’s recent essay in Michigan Law Review assesses the implications that postmodernism holds for constitutional law. Although I agree with Balkin about many of the specific issues that he believes must be addressed in a postmodern constitutionalism, I find that his manner of talking about postmodernism is unproductive in an important way. Balkin quite correctly argues that a postmodern constitutionalism should not mimic the fragmented and superficial culture of postmodernity, nor should it devolve simply to normative claims that postmodernity is desirable and should be embraced or adopted within the law. However, Balin’s thesis that a postmodern constitutionalism …
A Meditation On The Theoretics Of Practice, Robert Dinerstein
A Meditation On The Theoretics Of Practice, Robert Dinerstein
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Notes For A Consistent And Meaningful Sixth Amendment, Randolph N. Jonakait
Notes For A Consistent And Meaningful Sixth Amendment, Randolph N. Jonakait
Articles & Chapters
No abstract provided.