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Journal Articles

1995

Discipline
Institution
Keyword

Articles 1 - 30 of 113

Full-Text Articles in Law

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner Oct 1995

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner

Journal Articles

No abstract provided.


The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French Jul 1995

The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French

Journal Articles

No abstract provided.


Justice William Johnson And The History Of Supreme Court Dissent, Meredith Kolsky Lewis Jun 1995

Justice William Johnson And The History Of Supreme Court Dissent, Meredith Kolsky Lewis

Journal Articles

No abstract provided.


Hugo Black Among Friends, Dennis J. Hutchinson May 1995

Hugo Black Among Friends, Dennis J. Hutchinson

Journal Articles

No abstract provided.


Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder Apr 1995

Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder

Journal Articles

This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning ...


The Limits Of Lieber, Lawrence Lessig Apr 1995

The Limits Of Lieber, Lawrence Lessig

Journal Articles

No abstract provided.


Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig Feb 1995

Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig

Journal Articles

In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls ...


Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell Jan 1995

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Journal Articles

Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through ...


Human Nature And Moral Responsibility In Lawyer-Client Relationships, Thomas L. Shaffer Jan 1995

Human Nature And Moral Responsibility In Lawyer-Client Relationships, Thomas L. Shaffer

Journal Articles

No abstract provided.


Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George Jan 1995

Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George

Journal Articles

No abstract provided.


An Independent Contractor Speaks His Mind: Can He Lose His Government Contract? An Analysis Of Heiser V. Umbehr, Barbara J. Fick Jan 1995

An Independent Contractor Speaks His Mind: Can He Lose His Government Contract? An Analysis Of Heiser V. Umbehr, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Heiser v. Umbehr, 515 U.S. 1172 (1995). The author expected the Court to consider whether, and to what extent, a governmental unit can take into account an independent contractor's poltical speech in making decisions regarding the award or termination of government contracts.


Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurule Jan 1995

Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurule

Journal Articles

No abstract provided.


Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau Jan 1995

Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau

Journal Articles

Arbitration consists of a process for resolving disputes in a final and binding manner outside the traditional court system. The rules that govern arbitration provide for flexible proceedings and do not require the strict application of legal rules.

Owing largely to the holdings of the U.S. Supreme Court, arbitration law and procedure have emerged from the obscurity of specialized practice and entered the adjudicatory mainstream.

In 1925, with the enactment of the U.S. Arbitration Act, the U.S. Congress declaredthe rehabilitation of arbitral justice and dispute resolution. These provisionsanticipated, in effect, the modern, world-wide legislative legitimization ofarbitration. Primarily ...


In Re American Waste: A Clumsy Expansion Of The Right To Litigate Environmental Issues, Keith B. Hall Jan 1995

In Re American Waste: A Clumsy Expansion Of The Right To Litigate Environmental Issues, Keith B. Hall

Journal Articles

No abstract provided.


Codes As Straight-Jackets, Safeguards, And Alibis: The Experience Of The French Civil Code, Olivier Moreteau Jan 1995

Codes As Straight-Jackets, Safeguards, And Alibis: The Experience Of The French Civil Code, Olivier Moreteau

Journal Articles

No abstract provided.


Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett Jan 1995

Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett

Journal Articles

No abstract provided.


Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas Shaffer, Robert F. Cochran Jr. Jan 1995

Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas Shaffer, Robert F. Cochran Jr.

Journal Articles

No abstract provided.


War Crimes And Other Human Rights Abuses In The Former Yugoslavia, Robert T. Mounts, Jeffrey L. Bleich, Doug Cassell Jan 1995

War Crimes And Other Human Rights Abuses In The Former Yugoslavia, Robert T. Mounts, Jeffrey L. Bleich, Doug Cassell

Journal Articles

No abstract provided.


United States: Deconstructing The American Family - Developments In Family Law During 1993, Lynn D. Wardle, Margaret F. Brinig Jan 1995

United States: Deconstructing The American Family - Developments In Family Law During 1993, Lynn D. Wardle, Margaret F. Brinig

Journal Articles

No abstract provided.


Why Does The Church Have Law Schools?, Thomas L. Shaffer Jan 1995

Why Does The Church Have Law Schools?, Thomas L. Shaffer

Journal Articles

No abstract provided.


Closing Argument, James H. Seckinger Jan 1995

Closing Argument, James H. Seckinger

Journal Articles

No abstract provided.


Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert Rodes Jan 1995

Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert Rodes

Journal Articles

No abstract provided.


Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle Jan 1995

Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle

Journal Articles

No abstract provided.


The Money Laundering Control Act Of 1986: Creating A New Federal Offense Or Merely Affording Federal Prosecutors An Alternative Means Of Punishing Specified Unlawful Activity?, Jimmy Gurule Jan 1995

The Money Laundering Control Act Of 1986: Creating A New Federal Offense Or Merely Affording Federal Prosecutors An Alternative Means Of Punishing Specified Unlawful Activity?, Jimmy Gurule

Journal Articles

The purpose of the Money Laundering Control Act of 1986 was to make the hiding and reinvestment of illegal profit made from a criminal enterprise into a new federal offense. The act targets conduct that occurs after the underlying crime. It is not intended to be an alternative means of punishing the crime itself. Courts must closely adhere to this legislative intent if they seek to properly and consistently apply the law. They must be aware of several key aspects of the law: 1) The financial transaction requirement under section 1956(c)(3) of the act includes the transportation of ...


The Legal Aspects Of Foreign Investment In Vietnam, Tang Than Trai Le Jan 1995

The Legal Aspects Of Foreign Investment In Vietnam, Tang Than Trai Le

Journal Articles

No abstract provided.


Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett Jan 1995

Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett

Journal Articles

No abstract provided.


The Fifth Auxiliary Right (Book Review), Raymond T. Diamond, Robert J. Cottrol Jan 1995

The Fifth Auxiliary Right (Book Review), Raymond T. Diamond, Robert J. Cottrol

Journal Articles

No abstract provided.


"Never Intended To Be Applied To The White Population": Firearms Regulation And Racial Disparity -- The Redeemed South's Legacy To A National Jurisprudence?, Raymond T. Diamond, Robert J. Cottrol Jan 1995

"Never Intended To Be Applied To The White Population": Firearms Regulation And Racial Disparity -- The Redeemed South's Legacy To A National Jurisprudence?, Raymond T. Diamond, Robert J. Cottrol

Journal Articles

No abstract provided.


Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene Goring Jan 1995

Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene Goring

Journal Articles

No abstract provided.


Reconsidering The Louisiana Doctrine Of Employment At Will: On The Misinterpretation Of Article 2747 And The Civilian Case For Requiring "Good Faith" In Termination Of Employment, John Devlin Jan 1995

Reconsidering The Louisiana Doctrine Of Employment At Will: On The Misinterpretation Of Article 2747 And The Civilian Case For Requiring "Good Faith" In Termination Of Employment, John Devlin

Journal Articles

No abstract provided.