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 8461 - 8490 of 9261

Full-Text Articles in Law

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman Jan 1984

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.


The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler Jan 1984

The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler

Cardozo Law Review

No abstract provided.


Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett Jan 1984

Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett

Cardozo Law Review

No abstract provided.


A Critique Of Abortion Rights, Richard Stith Oct 1983

A Critique Of Abortion Rights, Richard Stith

Law Faculty Publications

No abstract provided.


Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan Oct 1983

Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan

Buffalo Law Review

No abstract provided.


Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel Sep 1983

Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel

West Virginia Law Review

No abstract provided.


Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer Sep 1983

Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.


The Reason Of The Common Law, Barbara A. Singer Sep 1983

The Reason Of The Common Law, Barbara A. Singer

University of Miami Law Review

Although the present meaning of reason has been reduced to discrete definitions, precise interpretations did not exist in medieval England. Rather, reason was defined by its role in the adjudicatory process. During the late medieval period, reason came to embody the very essence of the common law as courts recognized that it could be used to prevent procedural rules from infringing upon substantive rights. Relying upon Year Book cases and jurisprudential works, the author describes how the chameleon-like character of reason helped to shape the medieval English common law.


Freedom From Claims And Defenses: A Study In Judicial Activism Under The Uniform Commerical Code, Julian B. Mcdonnell Apr 1983

Freedom From Claims And Defenses: A Study In Judicial Activism Under The Uniform Commerical Code, Julian B. Mcdonnell

Scholarly Works

The suggestion that we might today learn something about the judicial process in such a staid area of private law may seem surprising. After all, has not the Federal Trade Commission "repealed" the holder in due course rule thus tossing negotiable instruments into the dust bin? Have not the remaining technical questions been answered by the "detail and rigid precision" of the Uniform Commercial Code so lamented by Professor Gilmore? Surely, the attentive observer of the role of the courts might conclude that there is nothing left for the judicial policy maker in the field of bills and notes. The …


Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young Jan 1983

Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young

Faculty Scholarship

No abstract provided.


Foreword, Allen Hartman Honorable Jan 1983

Foreword, Allen Hartman Honorable

Loyola University Chicago Law Journal

No abstract provided.


Risk Shifting Devices And Third-Party Practice: The Impact Of Skinner And Alvis, Miles J. Zaremski, Paul Cottrell Jan 1983

Risk Shifting Devices And Third-Party Practice: The Impact Of Skinner And Alvis, Miles J. Zaremski, Paul Cottrell

Loyola University Chicago Law Journal

No abstract provided.


Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter Jan 1983

Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Ancillary Jurisdiction: Plaintiffs' Claims Against Nondiverse Third-Party Defendants, Pamela J. Stephens Jan 1983

Ancillary Jurisdiction: Plaintiffs' Claims Against Nondiverse Third-Party Defendants, Pamela J. Stephens

Loyola University Chicago Law Journal

No abstract provided.


Third-Party Actions: A Plaintiff's Perspective, Curt N. Rodin Jan 1983

Third-Party Actions: A Plaintiff's Perspective, Curt N. Rodin

Loyola University Chicago Law Journal

No abstract provided.


Illinois V. Gates: A Paradoxical Version Of "Common Sense", John E. Vranicar Jan 1983

Illinois V. Gates: A Paradoxical Version Of "Common Sense", John E. Vranicar

Loyola University Chicago Law Journal

No abstract provided.


The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar Jan 1983

The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar

Book Chapters

In one sense the Warren Court's "revolution" in American criminal procedure may be said to. have been launched by the 1956 case of Griffin v. Illinois (establishing an indigent criminal defendant's right to a free transcript on appeal, at least under certain circumstances) and to have been significantly advanced by two 1963 cases: Gideon v. Wainwright (entitling an indigent defendant to free counsel, at least in serious criminal cases) and Douglas v. California (requiring a state to provide an indigent with counsel on his first appeal from a criminal conviction). But these were not the cases that plunged the Warren …


Death Of Conflicts, Mary Jane Morrison Jan 1983

Death Of Conflicts, Mary Jane Morrison

Villanova Law Review (1956 - )

No abstract provided.


Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson Jan 1983

Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson

Villanova Law Review (1956 - )

No abstract provided.


The Justice Conundrum, Marshall J. Breger Jan 1983

The Justice Conundrum, Marshall J. Breger

Villanova Law Review (1956 - )

No abstract provided.


Franchising In Texas., Mark H. Miller Jan 1983

Franchising In Texas., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.


Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker Jan 1983

Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker

St. Mary's Law Journal

Abstract Forthcoming.


Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth Jan 1983

Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth

St. Mary's Law Journal

Abstract Forthcoming.


Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr Jan 1983

Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.


Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow Jan 1983

Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow

St. Mary's Law Journal

Abstract Forthcoming.


Iii. Recent French Extradition Cases, Michigan Journal Of International Law Jan 1983

Iii. Recent French Extradition Cases, Michigan Journal Of International Law

Michigan Journal of International Law

This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.


The Meaning Of Judicial Self-Restraint, Richard A. Posner Jan 1983

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Indiana Law Journal

No abstract provided.


The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales Jan 1983

The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.


Western Law And Communist Dictatorship, David F. Forte Jan 1983

Western Law And Communist Dictatorship, David F. Forte

Law Faculty Articles and Essays

To erect an order that can withstand such an attack, all appropriate and legitimate legal resources should be employed. First, individual acts of terror, by whomsoever committed, should be punished, first of all, by municipal criminal legislation. This municipal law should be strengthened by conventions and treaties requiring prosecution or extradition. Second, in addition to individual culpability fastened on soldiers who commit acts of terror, all legitimate responses in international law should be employed by and against the responsible state, including protest, diplomacy, and disciplinary mechanisms. Where the responsible state actually sponsors such actions, retorsion and reprisal should be considered, …


Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson Jan 1983

Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.