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Articles 8671 - 8700 of 9249

Full-Text Articles in Law

A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag Jan 1977

A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag

Publications

No abstract provided.


On Legal Reform: Legal Stability And Legislative Questions, Michael D. Bayles Jan 1977

On Legal Reform: Legal Stability And Legislative Questions, Michael D. Bayles

Kentucky Law Journal

No abstract provided.


They Call It Justice, By Luther C. West, John S. Cooke Jan 1977

They Call It Justice, By Luther C. West, John S. Cooke

Indiana Law Journal

No abstract provided.


Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas Jan 1977

Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas

Indiana Law Journal

No abstract provided.


Mondale On Mapp, Yale Kamisar Jan 1977

Mondale On Mapp, Yale Kamisar

Articles

Any judicial reversal of the Mapp rule threatens to have just the opposite effect. Law enforcement officials are likely to treat a decision that illegally obtained evidence may be admitted into state criminal trials as though that were a practical suspension of the constitutional rules as to lawful arrest, search, and seizure. They are likely to feel that once again "the judiciary is okaying it." With the smell of revelations of FBI "black-bag jobs" and intelligence agency abuses still in the air, is this how we want the Court to contribute to the atmosphere of police practices as we enter …


An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr. Jan 1977

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.

Publications

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.


Policy, Rights, And Judicial Decision, Kent Greenawalt Jan 1977

Policy, Rights, And Judicial Decision, Kent Greenawalt

Faculty Scholarship

H.L.A. Hart has rightly been recognized as the outstanding contemporary figure in Anglo-American jurisprudence. His deep insight, penetrating analysis, lucid and graceful expression, and wise judgment have illumined every subject to which he has put his hand, and all who are interested in the philosophy of law have been affected by his work. It is a special privilege for me to participate in this issue devoted to publication of his Sibley lecture, because I am one of those who have been fortunate enough to have studied under him. My early efforts were exposed to his searching, but always tactful and …


The Morality Of Strict Tort Liability, Jules L. Coleman Dec 1976

The Morality Of Strict Tort Liability, Jules L. Coleman

William & Mary Law Review

No abstract provided.


Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh Dec 1976

Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh

William & Mary Law Review

No abstract provided.


Justice And Legal Reasoning, William T. Blackstone Dec 1976

Justice And Legal Reasoning, William T. Blackstone

William & Mary Law Review

No abstract provided.


Further Steps Toward A General Theory Of Freedom Of Expression, Alan E. Fuchs Dec 1976

Further Steps Toward A General Theory Of Freedom Of Expression, Alan E. Fuchs

William & Mary Law Review

No abstract provided.


Justice In Compensation, James W. Nickel Dec 1976

Justice In Compensation, James W. Nickel

William & Mary Law Review

No abstract provided.


Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones Oct 1976

Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones

Dalhousie Law Journal

... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …


Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef Oct 1976

Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.


Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones Oct 1976

Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones

Dalhousie Law Journal

... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …


Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones Oct 1976

Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones

Dalhousie Law Journal

... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …


Plea Bargaining, Decision Theory, And Equilibrium Models: Part I, Stuart S. Nagel, Marian Neef Jul 1976

Plea Bargaining, Decision Theory, And Equilibrium Models: Part I, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.


Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell May 1976

Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell

Dalhousie Law Journal

The authors' purpose in this important and intriguing book is to contribute to what they call "the jurisprudence of departures from rules" [p. 5]. They try to establish that non-compliance with rules of law may sometimes be justified not only on moral grounds but also on legal grounds - that is, that the legal system itself has considerable built-in tolerance of non-compliance with its own rules, and that an official or an ordinary citizen who contravenes a legal rule may well be able to make out a claim that he is acting "legally" after all. It is central to the …


Dworkin's "Rights Thesis", Michigan Law Review May 1976

Dworkin's "Rights Thesis", Michigan Law Review

Michigan Law Review

This Note argues that the rights thesis is untenable. It shows that Dworkin's distinction between arguments of principle and arguments of policy, upon which the rights thesis is based, cannot withstand close scrutiny. The Note questions whether it is sensible to speak of an objectively soundest theory of law, and argues that, even if such a theory is feasible, Dworkin has failed to prove that it will always dictate a unique result (or, put in different words, that the rights thesis is part of the putative soundest theory). If Dworkin's idea of a soundest theory is oppugned, or if the …


Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell May 1976

Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell

Dalhousie Law Journal

The authors' purpose in this important and intriguing book is to contribute to what they call "the jurisprudence of departures from rules" [p. 5]. They try to establish that non-compliance with rules of law may sometimes be justified not only on moral grounds but also on legal grounds - that is, that the legal system itself has considerable built-in tolerance of non-compliance with its own rules, and that an official or an ordinary citizen who contravenes a legal rule may well be able to make out a claim that he is acting "legally" after all. It is central to the …


Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell May 1976

Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell

Dalhousie Law Journal

The authors' purpose in this important and intriguing book is to contribute to what they call "the jurisprudence of departures from rules" [p. 5]. They try to establish that non-compliance with rules of law may sometimes be justified not only on moral grounds but also on legal grounds - that is, that the legal system itself has considerable built-in tolerance of non-compliance with its own rules, and that an official or an ordinary citizen who contravenes a legal rule may well be able to make out a claim that he is acting "legally" after all. It is central to the …


Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell May 1976

Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell

Dalhousie Law Journal

The authors' purpose in this important and intriguing book is to contribute to what they call "the jurisprudence of departures from rules" [p. 5]. They try to establish that non-compliance with rules of law may sometimes be justified not only on moral grounds but also on legal grounds - that is, that the legal system itself has considerable built-in tolerance of non-compliance with its own rules, and that an official or an ordinary citizen who contravenes a legal rule may well be able to make out a claim that he is acting "legally" after all. It is central to the …


Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell May 1976

Discretion To Disobey: A Study Of Lawful Departures From Legal Rules, Bernard Adell

Dalhousie Law Journal

The authors' purpose in this important and intriguing book is to contribute to what they call "the jurisprudence of departures from rules" [p. 5]. They try to establish that non-compliance with rules of law may sometimes be justified not only on moral grounds but also on legal grounds - that is, that the legal system itself has considerable built-in tolerance of non-compliance with its own rules, and that an official or an ordinary citizen who contravenes a legal rule may well be able to make out a claim that he is acting "legally" after all. It is central to the …


American Liberals And Judicial Activism: Alexander Bickel's Appeal From The New To The Old, Maurice J. Holland Apr 1976

American Liberals And Judicial Activism: Alexander Bickel's Appeal From The New To The Old, Maurice J. Holland

Indiana Law Journal

No abstract provided.


Adjudicating National Convention Delegate Selection Disputes: Prospects For The Devleopment Of Democratic Party Law, Peggy Gordon Jan 1976

Adjudicating National Convention Delegate Selection Disputes: Prospects For The Devleopment Of Democratic Party Law, Peggy Gordon

Loyola University Chicago Law Journal

No abstract provided.


Integrative Jurisprudence, Jerome Hall Jan 1976

Integrative Jurisprudence, Jerome Hall

Articles by Maurer Faculty

Editorial Note: The following paper was originally presented in Mexico City on December 10, 1975, in a symposium honoring Professor Emeritus Luis Recasens Siches of the National University of Mexico.


The Fission And Fusion Of Is-Ought In Legal Philosophy, S. Prakash Sinha Jan 1976

The Fission And Fusion Of Is-Ought In Legal Philosophy, S. Prakash Sinha

Villanova Law Review (1956 - )

No abstract provided.


Judicial Adoption Of Comparative Negligence - The Supreme Court Of California Takes A Historic Stand, Victor E. Schwartz Jan 1976

Judicial Adoption Of Comparative Negligence - The Supreme Court Of California Takes A Historic Stand, Victor E. Schwartz

Indiana Law Journal

No abstract provided.


Punitive Damages -Mattyasovszky V. West Towns Bus Co. - Punitive Damages Nonrecoverable Under The Illinois Survival Act, Daniel T. Hartnett Jan 1976

Punitive Damages -Mattyasovszky V. West Towns Bus Co. - Punitive Damages Nonrecoverable Under The Illinois Survival Act, Daniel T. Hartnett

Loyola University Chicago Law Journal

No abstract provided.


Book Review, Arthur R. Landever Jan 1976

Book Review, Arthur R. Landever

Law Faculty Articles and Essays

Reviewing R.M. Unger, Law in Modern Society, Free Press (1976).