Law Commons^™

Vice Presidential Acceptance Speech, Geraldine Ferraro

Campaign Materials

Copyright Fordham University School of Law. All Rights Reserved.

Maine's Ancient Law And Legal Theory, Stephen Utz

Faculty Articles and Papers

No abstract provided.

The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger

Michigan Law Review

I would like to explore in this essay one aspect of the contemporary American debate over the theory of freedom of speech and press. The subject I want to address is this: whether the principle of freedom of speech and press should be viewed as protecting some personal or individual interest in speaking and writing or whether it should be seen as fostering a collective or public interest. Sometimes this issue is stated as being whether the first amendment protects a "right to speak" or a "right to hear," though in general the problem seems to be whether we should …

Geography And Law, Bernhard Grossfeld

Michigan Law Review

The central questions of comparative law are still unsolved: Which legal institutions in what legal cultures can be compared with each other in a meaningful way? What can we learn from comparative law for the solution of our own problems?

This Article will discuss the relations between geography and law. I have already discussed the subject of language and law elsewhere; with regard to religion and law, I refer the reader to the extensive writings of Harold Berman.

International Law As Law In The United States, Louis Henkin

Michigan Law Review

"International law is part of our law." Justice Gray's much-quoted pronouncement in The Paquete Habana was neither new nor controversial when made in 1900, since he was merely restating what had been established principle for the fathers of American jurisprudence and for their British legal ancestors. And Gray's dictum remains unquestioned today. But, after more than two hundred years in our jurisprudence, the import of that principle is still uncertain and disputed. How did, and how does, international law become part of our law? What does it mean that international law is a part of our law? What is the …

Two Ideas Of International Organization, John H. Barton

Michigan Law Review

Political theory has long sought a philosophical basis for such ideas as law, authority, and freedom - but usually within the context of the nationstate. Only rarely has political theory placed the nation-state in an international framework; and, when it has tried, it has often done poorly. Sometimes the political theory becomes purely altruistic and utopian; at other times it works to support the irresponsibility of individual governments and the breakup of international order.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Beryyhill, Susan S. Williams

University of Richmond Law Review

"Buy land, they're not making any more," Will Rogers supposedly once recommended. If he did, then Will had never taken a good look at the shore: Over the years, millions of acres of tidelands have been dredged and filled, many to provide new recreational facilities and vacation homesites.

Stream Flow Maintenance In Virginia, Timothy Hayes, Jeter M. Watson

University of Richmond Law Review

Increasing and conflicting uses of water have been widely heralded as one of the major environmental crises facing society. Below average rainfall in recent years has caused municipal water shortages in Virginia, particularly in the rapidly growing areas of the southeastern part of the state, evidence that water quantity problems are no longer a phenomenon peculiar to the western states. Generally, those in Virginia who advocate reallocation of water to areas of the state experiencing such shortages feel that the state has enough water, just not all in the correct places.

Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger

Seattle University Law Review

The Washington Supreme Court erred in Chemical Bank by misapplying the distinctions between primary and secondary ultra vires that it had articulated in Edwards v. City of Renton and reaffirmed in Noel. In the interest of consistent, fair, and logical results, the court will ultimately need to retreat from the very technical interpretation of primary ultra vires that it applied in Chemical Bank. Otherwise, the court may find itself splitting hairs over the exact scope of enabling legislation when the statutes and subsequent legislative acts manifest approval of the actions taken.

Legislative Formality, Administrative Rationality, Harold H. Bruff

Publications

No abstract provided.

Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson

All Faculty Scholarship

Criminal liability for an omission is imposed in two distinct situations. First, such liability is often imposed explicitly in offense definitions that punish a failure to perform certain conduct. For example, it is an offense to fail to file a tax return. Second, it is also common for a general provision, apart from an offense definition, to create omission liability for an offense defined in commission terms. Parents, for example, are generally given the legal duty to care for their children. A parent may be held liable for criminal homicide, then, where death results from a failure to perform this …

Undiminished Confusion In Diminished Capacity, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Imputed Criminal Liability, Paul H. Robinson

All Faculty Scholarship

Typically, the set of elements defining a crime comprise what may be called the paradigm of liability for that offense: An actor is criminally liable if and only if the state proves all these elements. The paradigm of an offense, however, does not always determine criminal liability. Even where all the elements of the paradigm are proven, rules and doctrines create exceptions that affect criminal liability. Some exceptions, such as insanity, duress, and law enforcement authority, can exculpate an actor even though his conduct and state of mind satisfy the paradigm for the offense charged. Such exculpating exceptions are grouped …

The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader

UIC Law Review

No abstract provided.

Legal Theory And The Obligation To Obey, Philip E. Soper

Articles

Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.