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Articles 9511 - 9540 of 11528
Full-Text Articles in Law
Some Questions For Republicans, Don Herzog
Some Questions For Republicans, Don Herzog
Articles
Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Articles
The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
Articles
When I began teaching evidence seventeen years ago, the field was moribund. The great systematizers of the common law-Wigmore, Maguire, McCormick, Morgan and their ilk-had come and, if they had not all already gone, their work was largely finished. Not only was most of what passed for evidence scholarship barely worth the reading-the same, after all, could be said of many fields of law at most times-but disregarding student work, few scholars were writing regularly on evidentiary matters.
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Articles
The article argues that the failure of economic development strategies in Africa is deeply intertwined with the denial of civil and political rights, particularly for the rural poor. It critiques the "economic rights first" approach, which prioritizes material needs over democratic participation, and contends that such an approach is both principled and practically flawed. The analysis emphasizes that without civil and political rights, development strategies like the Basic Needs Strategy (BNS) are unlikely to succeed, as they require equitable distribution of wealth and benefits, which undemocratic regimes often fail to implement. The article also examines the limitations of both Afro-Marxist …
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Articles
The article critiques the U.S. Court of Appeals for the Second Circuit's decision in *Texaco Inc. v. Pennzoil Company*, arguing that the court's ruling was result-oriented and undermined the integrity of judicial precedent. The decision, which stayed the enforcement of a $11.12 billion state court judgment against Texaco, was based on an expansive interpretation of due process and civil rights law. However, the court's attempt to limit its holding to the "extraordinary circumstances" of the case raises concerns about the consistency and fairness of the judicial process, as it creates a precedent that may not be applicable to smaller stakeholders.
Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine
Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine
Articles
The article examines the ideological divide within the U.S. Supreme Court between neofederalism and neonationalism, two legal theories that shape the Court's approach to federalism and individual rights. Neofederalism emphasizes state autonomy and limits federal intervention in state institutions, while neonationalism advocates for a stronger federal role in protecting individual rights, even if it requires overriding state decisions. This divide significantly influences the Court's rulings on issues such as prison conditions and institutional reform, reflecting broader debates about the role of federalism in social reform and judicial decision-making.
Efficiency And Income Taxes: The Rehabilitation Of Tax Incentives, Edward A. Zelinsky
Efficiency And Income Taxes: The Rehabilitation Of Tax Incentives, Edward A. Zelinsky
Articles
This Article explores two prominent issues in current legal literature: the propriety of tax incentives in the federal income tax and the use of economic analysis to examine questions of concern to academic lawyers. One premise of this Article is that there is a connection between these two topics.
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Articles
Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …
New Rules Of Professional Conduct: Critical Concerns For Idaho Lawyers, Donald L. Burnett Jr.
New Rules Of Professional Conduct: Critical Concerns For Idaho Lawyers, Donald L. Burnett Jr.
Articles
No abstract provided.
The Myth Of The Classic Property Clause Doctrine, Dale Goble
The Myth Of The Classic Property Clause Doctrine, Dale Goble
Articles
No abstract provided.
The Regulation Of Accounting: Some Economic Issues, Daniel R. Fischel
The Regulation Of Accounting: Some Economic Issues, Daniel R. Fischel
Articles
No abstract provided.
Two Faces Of Liberalism, Cass R. Sunstein
From Muller V. Oregon To Fetal Vulnerability Policies, Mary E. Becker
From Muller V. Oregon To Fetal Vulnerability Policies, Mary E. Becker
Articles
No abstract provided.
Waiting For Rescue: An Essay On The Evolution And Incentive Structure Of The Law Of Affirmative Obligations, Saul Levmore
Waiting For Rescue: An Essay On The Evolution And Incentive Structure Of The Law Of Affirmative Obligations, Saul Levmore
Articles
No abstract provided.
Goodbye To The Bluebook, Richard A. Posner
The Summary Jury Trial And Other Methods Of Alternative Dispute Resolution: Some Cautionary Observations, Richard A. Posner
The Summary Jury Trial And Other Methods Of Alternative Dispute Resolution: Some Cautionary Observations, Richard A. Posner
Articles
No abstract provided.
Anti-Pornography Legislation As Viewpoint-Discrimination, Geoffrey R. Stone
Anti-Pornography Legislation As Viewpoint-Discrimination, Geoffrey R. Stone
Articles
No abstract provided.
The Economic Possibilities Of Comparable Worth, James D. Holzhauer
The Economic Possibilities Of Comparable Worth, James D. Holzhauer
Articles
No abstract provided.
Neutrality Under The Religion Clauses, Michael W. Mcconnell
Neutrality Under The Religion Clauses, Michael W. Mcconnell
Articles
No abstract provided.
Coercion: The Lost Element Of Establishment, Michael W. Mcconnell
Coercion: The Lost Element Of Establishment, Michael W. Mcconnell
Articles
No abstract provided.
Political And Religious Disestablishment, Michael W. Mcconnell
Political And Religious Disestablishment, Michael W. Mcconnell
Articles
No abstract provided.
A Last Word On Eminent Domain, Richard A. Epstein
An Outline Of Takings, Richard A. Epstein
The Equal Access Controversy: The Religion Clauses And The Meaning Of 'Neutrality', Geoffrey R. Stone
The Equal Access Controversy: The Religion Clauses And The Meaning Of 'Neutrality', Geoffrey R. Stone
Articles
No abstract provided.
Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler
Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler
Articles
No abstract provided.
Personal Failure, Institutional Failure, And The Sixth Amendment, Albert W. Alschuler
Personal Failure, Institutional Failure, And The Sixth Amendment, Albert W. Alschuler
Articles
No abstract provided.
Workable Antitrust Policy, Frank H. Easterbrook
On Identifying Exclusionary Conduct, Frank H. Easterbrook
On Identifying Exclusionary Conduct, Frank H. Easterbrook
Articles
No abstract provided.
Was New York Times V. Sullivan Wrong?, Richard A. Epstein
Was New York Times V. Sullivan Wrong?, Richard A. Epstein
Articles
No abstract provided.
A Last Word On Eminent Domain, Richard A. Epstein