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Articles 31 - 48 of 48
Full-Text Articles in Law
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson
Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …
Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark
Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Democracy's Handmaid, Robert L. Tsai
Democracy's Handmaid, Robert L. Tsai
Articles in Law Reviews & Other Academic Journals
Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …
Reconstructing The World Trade Center: An Argument For The Applicability Of Personhood Theory To Commercial Property Ownership And Use, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sacred Visions Of Law, Robert Tsai
Sacred Visions Of Law, Robert Tsai
Articles in Law Reviews & Other Academic Journals
Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Professor Sanford Levinson called upon Americans to renew our constitutional faith. This article answers the call by examining how two legal symbols - Marbury v. Madison and Brown v. Board of Education - have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the article argues that the decisions have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of law. One might think that …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Speech And Strife, Robert L. Tsai
Speech And Strife, Robert L. Tsai
Articles in Law Reviews & Other Academic Journals
The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …
Extending The Revisionist Project, Lewis Grossman
Extending The Revisionist Project, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson
The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Resolving Tensions Between Copyright And The Internet, Walter Effross
Resolving Tensions Between Copyright And The Internet, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Justice Stephen Breyer: Purveyor Of Common Sense In Many Forums, Jeffrey Lubbers
Justice Stephen Breyer: Purveyor Of Common Sense In Many Forums, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Meditation On The Theoretics Of Practice, Robert Dinerstein
A Meditation On The Theoretics Of Practice, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Attempting The Impossible: The Emerging Consensus, Ira Robbins
Attempting The Impossible: The Emerging Consensus, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Nearly thirty years have passed since the publication of Professor Lon L. Fuller's The Case of the Speluncean Explorers, in which a fictional court expounded upon the manifold ways in which certain harsh necessities, externally imposed upon common people, can test the rules of the criminal law. The instant case is not in- tended to parody the Speluncean Explorers, but rather to complement it with the inverse theme: the singular defendant is a psychologically extraordinary individual existing in a relatively mundane environment. The Atheistic Solipsist provides the opportunity for consideration of the ways internal forces of great intensity can shape …