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Articles 8281 - 8310 of 9262
Full-Text Articles in Law
The Brilliant, The Curious, And The Wrong, Pierre Schlag
The Brilliant, The Curious, And The Wrong, Pierre Schlag
Publications
No abstract provided.
Teaching Tolerance, Robert F. Nagel
Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii
Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii
St. Mary's Law Journal
Abstract Forthcoming.
The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben
The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben
St. Mary's Law Journal
Abstract Forthcoming.
Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary
Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary
St. Mary's Law Journal
Abstract Forthcoming.
Civil Rights - Title Vii - Public Employer May Consider Gender To Promote Employee Without Violating Title Vii Of Civil Rights Act Of 1964 When Enforcing A Valid Affirmative Action Plan Case Note., Marianne Malouf
St. Mary's Law Journal
Abstract Forthcoming.
Legal Fiction, James Boyle
Arguing About Rights, Charles M. Yablon
Legality And Empathy, Lynne Henderson
Jus Cogens: Root And Branch (An Inventory), George D. Haimbaugh Jr.
Jus Cogens: Root And Branch (An Inventory), George D. Haimbaugh Jr.
Touro Law Review
No abstract provided.
Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein
Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein
Touro Law Review
No abstract provided.
Critical Legal Studies: The Death Of Transcendence And The Rise Of The New Langdells, Joan C. Williams
Critical Legal Studies: The Death Of Transcendence And The Rise Of The New Langdells, Joan C. Williams
Faculty Scholarship
No abstract provided.
Adjudication Is Not Interpretation: Some Reservations About The Law-As-Literature Movement, Robin West
Adjudication Is Not Interpretation: Some Reservations About The Law-As-Literature Movement, Robin West
Georgetown Law Faculty Publications and Other Works
Among other achievements, the modern law-as-literature movement has prompted increasing numbers of legal scholars to embrace the claim that adjudication is interpretation, and more specifically, that constitutional adjudication is interpretation of the Constitution. That adjudication is interpretation -- that an adjudicative act is an interpretive act -- more than any other central commitment, unifies the otherwise diverse strands of the legal and constitutional theory of the late twentieth century.
In this article, I will argue in this article against both modern forms of interpretivism. The analogue of law to literature, on which much of modern interpretivism is based, although fruitful, …
Law And Morality: A Kantian Perspective, George P. Fletcher
Law And Morality: A Kantian Perspective, George P. Fletcher
Faculty Scholarship
The relationship between law and morality has emerged as the central question in the jurisprudential reflection of our time. Those who call themselves positivists hold with H.L.A. Hart that calling a statute or a judicial decision "law" need not carry any implications about the morality of that statute or decision. Valid laws might be immoral or unjust. Those who resist this reduction of law to valid enactments sometimes argue, with Lon Fuller, that moral acceptability is a necessary condition for holding that a statute is law; or, with Ronald Dworkin, that moral principles supplement valid enactments as components of the …
On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum
On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Critical legal scholarship challenges the liberal claim that modern western societies are characterized by "the rule of law." The liberal conception of the rule of law, critical scholars contend, serves to mystify and legitimate the legal system and thereby obscure the real issues behind individual cases as well as the real nature of the legal system. Frequently, the claim that legal rules are indeterminate is the starting point for such a critique of the rule of law. What I call the indeterminacy thesis goes roughly like this: the existing body of legal doctrines-statutes, administrative regulations, and court decisions-permits a judge …
Philosophy In Bankruptcy, David G. Carlson
Philosophy In Bankruptcy, David G. Carlson
Articles
The article critically examines Jackson's theories on bankruptcy law, arguing that his "creditor's bargain" model is logically inconsistent and lacks empirical support. It highlights flaws in his assumptions of creditor equality and the justification for bankruptcy discharge, ultimately concluding that his work is ad hoc and unverifiable.
Jurisprudence And Legal Philosophy In 20th Century America: Major Themes And Developments, Martin P. Golding
Jurisprudence And Legal Philosophy In 20th Century America: Major Themes And Developments, Martin P. Golding
Journal of Legal Education
No abstract provided.
Alternative Methodology In Contemporary Jurisprudence: Comments On Dworkin, Philip Soper
Alternative Methodology In Contemporary Jurisprudence: Comments On Dworkin, Philip Soper
Journal of Legal Education
No abstract provided.
The "Natural Law Tradition", John Finnis
The "Natural Law Tradition", John Finnis
Journal of Legal Education
No abstract provided.
Critical Legal Studies: An Introduction To Its Origins And Underpinnings, Mark Tushnet
Critical Legal Studies: An Introduction To Its Origins And Underpinnings, Mark Tushnet
Journal of Legal Education
No abstract provided.
Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White
Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White
Journal of Legal Education
No abstract provided.
Takings Of Property And Constitutional Serendipity, Larry Alexander
Takings Of Property And Constitutional Serendipity, Larry Alexander
University of Miami Law Review
No abstract provided.
A Reflection On Epstein And His Critics, Ellen Frankel Paul
A Reflection On Epstein And His Critics, Ellen Frankel Paul
University of Miami Law Review
No abstract provided.
Proceedings Of The Conference On Takings Of Property And The Constitution
Proceedings Of The Conference On Takings Of Property And The Constitution
University of Miami Law Review
No abstract provided.
A Last Word On Eminent Domain, Richard A. Epstein
A Last Word On Eminent Domain, Richard A. Epstein
University of Miami Law Review
No abstract provided.
Foreword, Kevin Dorse
An Outline Of Takings, Richard A. Epstein
An Outline Of Takings, Richard A. Epstein
University of Miami Law Review
No abstract provided.
The Malthusian Constitution, Thomas C. Grey
The Malthusian Constitution, Thomas C. Grey
University of Miami Law Review
No abstract provided.
The Consequences Of Conceptualism, Margaret Jane Radin
The Consequences Of Conceptualism, Margaret Jane Radin
University of Miami Law Review
No abstract provided.
Two Faces Of Liberalism, Cass R. Sunstein
Two Faces Of Liberalism, Cass R. Sunstein
University of Miami Law Review
No abstract provided.