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Articles 1 - 11 of 11
Full-Text Articles in Law
Rethinking Dui Law In Virginia, Monte Kuligowski
Rethinking Dui Law In Virginia, Monte Kuligowski
University of Richmond Law Review
As the demand for safer roadways needs little supporting argument, I turn to the constitutional problem of strict criminal liability law, followed with a brief analysis of criminal intent and strict liability law within the criminal system, some examples of how other states have responded to the inherent tensions, and a few specific thoughts for the legislature to consider.
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Dalhousie Law Journal
The author examines various approaches adopted by government to balance the state's interest in promoting the timely and efficient exploration and development of oil and gas resources under state jurisdiction and industry's need for legal regimes providingsecurityoftenure and other conditions necessary for commercial success. In particular, the paper considers fallow field initiatives adopted by the United Kingdom in respect of the North Sea and their possible application to government's management of oil and gas resources in the Canadian east coast offshore areas, addressing applicable policy considerations, the legislative history of the statutory frameworks in place, and relatedjurisprudence.
Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers
Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers
University of Richmond Law Review
No abstract provided.
Commercial Speech Jurisprudence And Copyright In Commercial Information Works, Alfred C. Yen
Commercial Speech Jurisprudence And Copyright In Commercial Information Works, Alfred C. Yen
South Carolina Law Review
No abstract provided.
Depriving America Of Evolving Its Own Standards Of Decency?: An Analysis Of The Use Of Foreign Law In Eighth Amendment Jurisprudence And Its Effect On Democracy, David J. Pfeffer
Depriving America Of Evolving Its Own Standards Of Decency?: An Analysis Of The Use Of Foreign Law In Eighth Amendment Jurisprudence And Its Effect On Democracy, David J. Pfeffer
Saint Louis University Law Journal
No abstract provided.
The Unseen Track Of Erie Railroad: Why History And Jurisprudence Suggest A More Straightforward Form Of Erie Analysis, Donald L. Doernberg
The Unseen Track Of Erie Railroad: Why History And Jurisprudence Suggest A More Straightforward Form Of Erie Analysis, Donald L. Doernberg
West Virginia Law Review
No abstract provided.
Habermas, Legal Legitimacy, And Creative Cost Awards In Recent Canadian Jurisprudence, Michael Fenrick
Habermas, Legal Legitimacy, And Creative Cost Awards In Recent Canadian Jurisprudence, Michael Fenrick
Dalhousie Law Journal
Access to justice continues to be a live issue in Canadian courtrooms. While state-sponsored initiatives that promote access continue to flounder in Canada or in some cases, are cancelled altogether, the pressure is mounting to find creative solutions that facilitate greater participation in formal dispute resolution processes. The price of failing in this regard is very high. To truly flourish, both social cohesion and individual liberties require a more participatory and inclusive legal system than the one that currently precludes all but the wealthiest from accessing our courts. Drawing on the legal philosophy of Jargen Habermas, the author examines access …
Misshapen Districts, Mistaken Jurisprudence: The Supreme Court’S Decisions On Partisan Gerrymandering, Alfred J. Caniglia Iii
Misshapen Districts, Mistaken Jurisprudence: The Supreme Court’S Decisions On Partisan Gerrymandering, Alfred J. Caniglia Iii
Saint Louis University Public Law Review
No abstract provided.
"Jacob's Voice, Esau's Hands": Transparency As A First Amendment Right In An Age Of Deceit And Impersonation, Amit Schejter
"Jacob's Voice, Esau's Hands": Transparency As A First Amendment Right In An Age Of Deceit And Impersonation, Amit Schejter
Hofstra Law Review
No abstract provided.
The Secret Life Of Judges, Dennis Jacobs
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Fordham Urban Law Journal
This Comment examines the conflicting demands on American courts to safeguard the will of the legislature, ensure the protection of the minority, and resolve particular disputes and redress particular injuries. The manner and scope in which a court theorizes is critical as it binds future courts and litigants to its decisions. Professor Cass Sunstein proposes a jurisprudence of minimalism and supports theoretical modesty in the form of the "incompletely theorized agreement", the notion that individuals can agree on less theorized principles to resolve cases at hand without resorting to high-level theoretical pronouncements. This Comment addresses Sunstein's minimalist regime within the …