Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 8041 - 8070 of 9282

Full-Text Articles in Law

The Metatheory Of Helegian Legal Theory, David A.J. Richards Mar 1989

The Metatheory Of Helegian Legal Theory, David A.J. Richards

Cardozo Law Review

No abstract provided.


Rethinking The Hegilian State, Fred Dallmayr Mar 1989

Rethinking The Hegilian State, Fred Dallmayr

Cardozo Law Review

No abstract provided.


Truth And The Law: A Critical View Of Community, Jan G. Deutsch Feb 1989

Truth And The Law: A Critical View Of Community, Jan G. Deutsch

Cardozo Law Review

No abstract provided.


Judge Richard Posner's Wealth Maximization Principle: Another Form Of Utilitarianism?, Robin F. Grant Feb 1989

Judge Richard Posner's Wealth Maximization Principle: Another Form Of Utilitarianism?, Robin F. Grant

Cardozo Law Review

No abstract provided.


Restricting The Discriminatory Use Of Peremptory Challenges, Genevieve A. Harley Jan 1989

Restricting The Discriminatory Use Of Peremptory Challenges, Genevieve A. Harley

Loyola University Chicago Law Journal

No abstract provided.


Living Without Rights-- In Manners, Religion, And Law, Richard Stith Jan 1989

Living Without Rights-- In Manners, Religion, And Law, Richard Stith

Law Faculty Publications

No abstract provided.


Rowe V. State Bank Of Lombard: The Key To Unlocking A Landlord's Duty To Provide Security, 23 J. Marshall L. Rev. 131 (1989), Jeffrey Fowler Jan 1989

Rowe V. State Bank Of Lombard: The Key To Unlocking A Landlord's Duty To Provide Security, 23 J. Marshall L. Rev. 131 (1989), Jeffrey Fowler

UIC Law Review

No abstract provided.


Trademark Licensing Of Names, Insignia, Characters And Designs: The Current Status Of The Boston Pro Hockey Per Se Infringement Rule, 22 J. Marshall L. Rev. 567 (1989), John J. Voortman Jan 1989

Trademark Licensing Of Names, Insignia, Characters And Designs: The Current Status Of The Boston Pro Hockey Per Se Infringement Rule, 22 J. Marshall L. Rev. 567 (1989), John J. Voortman

UIC Law Review

No abstract provided.


Arizona V. Roberson: The Supreme Court Expands Suspects' Rights In The Custodial Interrogation Setting, 22 J. Marshall L. Rev. 685 (1989), Thomas N. Radek Jan 1989

Arizona V. Roberson: The Supreme Court Expands Suspects' Rights In The Custodial Interrogation Setting, 22 J. Marshall L. Rev. 685 (1989), Thomas N. Radek

UIC Law Review

No abstract provided.


Continental Insurance Companies V. Northeastern Pharmaceutical & (And) Chemical Company: Cleanup Costs Are Not Damages Under A Standard Liability Policy, 22 J. Marshall L. Rev. 703 (1989), Michael J. Holt Jan 1989

Continental Insurance Companies V. Northeastern Pharmaceutical & (And) Chemical Company: Cleanup Costs Are Not Damages Under A Standard Liability Policy, 22 J. Marshall L. Rev. 703 (1989), Michael J. Holt

UIC Law Review

No abstract provided.


Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers Jan 1989

Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers

UIC Law Review

No abstract provided.


Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato Jan 1989

Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato

University of Miami Law Review

No abstract provided.


The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr Jan 1989

The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr

Faculty Works

In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …


In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore Jan 1989

In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore

Seattle University Law Review

This Article will discuss (1) the politics that influenced the drafting of the judicial article (article IV) in the constitutional convention; (2) the election of the first five members of the bench and the backgrounds of those inaugural judges; (3) the particular approach toward judicial review adopted by these five jurists (activism-restraint); and (4) the personal relations among these members of the supreme court. This Article will provide a personal perspective of the first five judges and their court.


Texas Oil And Gas Leases Contain Separate And Distinct Implied Covenant To Further Explore After Lucrative Production., E. Joy Jackson Sparks Jan 1989

Texas Oil And Gas Leases Contain Separate And Distinct Implied Covenant To Further Explore After Lucrative Production., E. Joy Jackson Sparks

St. Mary's Law Journal

In Sun Exploration & Production Co. v. Jackson, the Texas Supreme Court held Texas oil and gas leases contain a separate and distinct implied covenant to further explore after lucrative production. A lease that grants an interest in oil and gas found beneath the ground surface holds several implied covenants. Once successful production begins on a leasehold, implied covenants arise to encourage cooperation between the lessor and the lessee. A covenant is a “promise” between two or more parties to perform or not to perform a specific act. A covenant may be expressly stated within a contract or implied by …


Jury Trials In The Bankruptcy Courts: Awaiting A Final Verdict., Ann Van Bever, V. Craig Cantrell Jan 1989

Jury Trials In The Bankruptcy Courts: Awaiting A Final Verdict., Ann Van Bever, V. Craig Cantrell

St. Mary's Law Journal

No abstract provided.


Miranda Warnings Sufficient To Inform Defendant Of Sixth Amendment Right To Counsel For Postindictment Interrogations., David M. Shearer Jan 1989

Miranda Warnings Sufficient To Inform Defendant Of Sixth Amendment Right To Counsel For Postindictment Interrogations., David M. Shearer

St. Mary's Law Journal

Abstract Forthcoming.


How An Errorless Judgment Can Become Erroneous., Robert W. Calvert Jan 1989

How An Errorless Judgment Can Become Erroneous., Robert W. Calvert

St. Mary's Law Journal

Abstract Forthcoming.


Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare Jan 1989

Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare

St. Mary's Law Journal

Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …


Private Retirement Benefits Earned During Marriage Characterized As Community Property And Do Not Automatically Remain Property Of Surviving Spouse., Darryl J. Silvera Jan 1989

Private Retirement Benefits Earned During Marriage Characterized As Community Property And Do Not Automatically Remain Property Of Surviving Spouse., Darryl J. Silvera

St. Mary's Law Journal

Abstract Forthcoming.


Should Your Spouse Be Compensated For Putting You Through School - Texas Says No; Is That Just And Right., Darryl J. Silvera Jan 1989

Should Your Spouse Be Compensated For Putting You Through School - Texas Says No; Is That Just And Right., Darryl J. Silvera

St. Mary's Law Journal

No abstract provided.


A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale Jan 1989

A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale

St. Mary's Law Journal

The current workers’ compensation system shields negligent employers from liability and fails to encourage compliance with safety standards. A practical solution is to broaden the judicial definition of intentional conduct and reinstate a common-law negligence action in workers’ compensation statutes. The Texas Workers’ Compensation Act awards compensation to employees for accidental injuries sustained in the course of employment. The Act bars an employee who accepts these benefits from bringing a common-law suit for damages against the employer. The exclusive nature of the workers’ compensation remedy thus leaves employers immune from common-law negligence actions by employees who accept the plan. An …


Judicial Rulemakers Held To Have Produced Federal Sentencing Guidelines Within Permissible Twilight Area In Which Branches Of Government Merge., Janis Hillman Jan 1989

Judicial Rulemakers Held To Have Produced Federal Sentencing Guidelines Within Permissible Twilight Area In Which Branches Of Government Merge., Janis Hillman

St. Mary's Law Journal

No abstract provided.


Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey Jan 1989

Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey

UIC Law Review

No abstract provided.


Negligent Misrepresentation In Illinois: The First District Expands Its Scope Beyond Defendants In The Business Of Supplying Information, 22 J. Marshall L. Rev. 753 (1989), Richard A. Borich Jr. Jan 1989

Negligent Misrepresentation In Illinois: The First District Expands Its Scope Beyond Defendants In The Business Of Supplying Information, 22 J. Marshall L. Rev. 753 (1989), Richard A. Borich Jr.

UIC Law Review

No abstract provided.


Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman Jan 1989

Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman

UIC Law Review

No abstract provided.


Address To The 1988 Illinois Judicial Conference, Thomas J. Moran Honorable Jan 1989

Address To The 1988 Illinois Judicial Conference, Thomas J. Moran Honorable

Loyola University Chicago Law Journal

No abstract provided.


Asserting And Defending Claims Involving An Fslic Relationship., Joe Phillips Jan 1989

Asserting And Defending Claims Involving An Fslic Relationship., Joe Phillips

St. Mary's Law Journal

No abstract provided.


Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill Jan 1989

Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill

Department of Sociology: Dissertations, Theses, and Student Research

Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …


Abortion, Incommensurability, And Jurisprudence, Joan C. Williams Jan 1989

Abortion, Incommensurability, And Jurisprudence, Joan C. Williams

Faculty Scholarship

No abstract provided.