Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Law
Aspects Of Deconstruction: Refuting Indeterminacy With One Bold Thought, Anthony D'Amato
Aspects Of Deconstruction: Refuting Indeterminacy With One Bold Thought, Anthony D'Amato
Faculty Working Papers
Deconstruction has already happened on the Supreme Court. Not only can no member of the Court really believe that "the law" (self-invented by the very Court it is supposed to govern!) can constrain the result in any individual case, but its members have also convinced themselves that they have no time to be concerned with dispensing justice to the parties. The justificatory legal language used in judicial opinions is not what our law teachers told us it was. The justificatory legal language is not provided to explain—much less constrain—the result in the case. Rather, it is a mode of couching …
Justice Lewis F. Powell, Jr. And The Counterrevolution In The Federal Securities Laws, Adam C. Pritchard
Justice Lewis F. Powell, Jr. And The Counterrevolution In The Federal Securities Laws, Adam C. Pritchard
Articles
The confirmation of Lewis F. Powell, Jr., to the Supreme Court coincided with a dramatic shift in the Court's approach to securities law. This Article documents Powell's influence in changing the Court's direction in securities law. Powell's influence was the product of his extensive experience with the securities laws as a corporate lawyer, which gave him much greater familiarity with that body of law than his fellow Justices had. That experience also made him skeptical of civil liability, particularly class and derivative actions. Powell's skepticism led him to interpret the securities law in a consistently narrow fashion to reduce liability …
The Arkansas Supreme Court And The Civil War, L. Scott Stafford
The Arkansas Supreme Court And The Civil War, L. Scott Stafford
Faculty Scholarship
No abstract provided.
Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker
Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker
Articles
No abstract provided.