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Articles 1 - 30 of 49
Full-Text Articles in Law
The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French
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
Justice William Johnson And The History Of Supreme Court Dissent, Meredith Kolsky Lewis
Journal Articles
No abstract provided.
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
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 for all …
New Challenges To Southern Africa: From Regional Conflict To Internal Reconstruction, Makau Wa Mutua
New Challenges To Southern Africa: From Regional Conflict To Internal Reconstruction, Makau Wa Mutua
Journal Articles
With the possible exception of the Horn of Africa, arguably no other African region has been subject to multiple traumas such as those endured by Southern Africa. From the brutal Portuguese colonization to the vicious civil wars in Angola and Mozambique, not to mention the ravages of apartheid in South Africa and Namibia, the last four hundred years have seen sheer brutality of man over fellow man. Since 1990, however, there has been a steady reversal of the conditions that have historically caused violence in the region. In this article, the author examines this legacy and the struggle to construct …
The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua
The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua
Journal Articles
No abstract provided.
Conflicting Conceptions Of Human Rights: Rethinking The African Post-Colonial State, Makau Wa Mutua
Conflicting Conceptions Of Human Rights: Rethinking The African Post-Colonial State, Makau Wa Mutua
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
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.
The Fifth Auxiliary Right (Book Review), Raymond T. Diamond, Robert J. Cottrol
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
"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
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
Journal Articles
No abstract provided.
Codes As Straight-Jackets, Safeguards, And Alibis: The Experience Of The French Civil Code, Olivier Moreteau
Codes As Straight-Jackets, Safeguards, And Alibis: The Experience Of The French Civil Code, Olivier Moreteau
Journal Articles
No abstract provided.
The Limited Relevance Of Plain Meaning, Stephen F. Ross
The Limited Relevance Of Plain Meaning, Stephen F. Ross
Journal Articles
In this essay, the author takes the position that linguists' principal expertise - ascertaining how language is used by ordinary speakers of English - is often of little value in interpreting controversial non-criminal federal statutes. Although linguistic techniques might still aid in understanding their meaning, the author's thesis is that extrinsic evidence that is known and accessible to this small sub-community - such as legislative history, established norms of construction, and other evidence about the context in which the legislation arose - is more likely than linguistic analysis to help an outside judge shed light on what Congress meant and …
Reconsidering Flood V. Kuhn, Stephen F. Ross
Reconsidering Flood V. Kuhn, Stephen F. Ross
Journal Articles
Within the academia, two very different groups of legal scholars have devoted a great deal of attention to Flood v. Kuhn. Those specializing in sports law have either attached Flood as a ridiculous decision that improperly distinguished between baseball and other professional sports, or have praised it for waging guerrilla warfare on the idea that Section 1 of the Sherman Act should apply to intra-league arrangements by owners of the professional sports teams. Those viewing Flood through the lens of statutory interpretation perceive the decision as adhering rigidly to the principle of stare decisis; this rigidity has been …
Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau
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 because of the …
Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich
Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich
Journal Articles
This article is a transcript of a panel discussion in which Professor Stephen F. Ross, Associate Athletic Director Karol Kahrs, and Fred Heinrich participated entitled "Sports and the Law," at the Rededication of the University of Illinois College of Law. The panel discussion centered on the issue of gender equity in intercollegiate athletics. Title IX of the Education Amendments Act requires institutions receiving federal funding to provide equal educational opportunity for students regardless of gender. The panel discussion focused on the impact of Title IX and the University of Illinois's efforts to comply with the requirements.
The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen
The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen
Journal Articles
Part I of this article focuses on the history of parol evidence in contract interpretation, describing both Williston's and Corbin's definition and application of the parol evidence rule. With the adoption of the UCC and the Second Restatement, we suggest that Corbin's position-that expansion of admissibility of parol evidence will more accurately reflect the drafters' manifest intentions and minimize the judge's personal biases-has been accepted by experts and legislators alike. In Part II, we summarize the use of legislative history in statutory interpretation, focusing on the rise of the New Textualism and its critique of the use of legislative history …
Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel
Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel
Journal Articles
No abstract provided.
Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle
Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle
Journal Articles
The Supreme Court has been creating clear statement rules faster than commentators can keep track of them. At their strongest, clear statement rules treat all statutes as maintaining the status quo unless Congress clearly states its contrary intention in the text of the statute. Because clear statement rules "foreclose inquiry into extrinsic guides of interpretation," they eliminate any need—or opportunity—to glean evidence from the structure, purpose, or history of a statute to inform a determination about congressional intent. But the Court has vacillated regarding precisely what Congress must do to satisfy clear statement rules. Sometimes broad general language suffices; sometimes …
Closing Argument, James H. Seckinger
Closing Argument, James H. Seckinger
Journal Articles
To put closing argument in perspective, lawsuits are won or lost on the evidence and the law, not on the advocate's analytical and oratory skill. As pointed out by Broun and Seckinger: “This is not intended to minimize the importance of the closing argument. It is merely to relegate it to its proper position, which is a summation of the evidence that has preceded it and a relation of that evidence to the issues in the case.”
An effective closing is an argument, not a summation. An effective closing argument should attack the serious problems in a case and put …
Profiling Minority Law Librarians: A Report On The 1992-93 Survey, Dwight B. King, Rhea A-L Ballard, Helena Lai, Grace M. Mills
Profiling Minority Law Librarians: A Report On The 1992-93 Survey, Dwight B. King, Rhea A-L Ballard, Helena Lai, Grace M. Mills
Journal Articles
The authors present a demographic and professional profile of AALL minority law librarian members based upon responses to a detailed survey that elicited information about work experience and skills, professional activities and participation, and career aspirations. The results lead the authors to suggest some recruitment strategies to increase diversity in law librarianship and the level of minority participation in AALL.
The Legality And Morality Of Using Deadly Force To Protect Unborn Children From Abortionists, Charles E. Rice, John P. Tuskey
The Legality And Morality Of Using Deadly Force To Protect Unborn Children From Abortionists, Charles E. Rice, John P. Tuskey
Journal Articles
Is killing abortionists as they arrive at abortuaries to perform regularly scheduled abortions a legally justifiable use of force in defense of another person's life? Under commonly accepted criminal law principles of justification, a person normally is entitled to use force—even deadly force—when necessary to save a person's life from an aggressor bent on taking that life. But because Roe and its progeny have made abortion a constitutionally protected right, courts would predictably hold that using force against an abortionist is not legally justified, despite the fact that the motive for that force is to defend innocent human life.
Even …
Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Tang Thi Thanh Trai Le
Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Tang Thi Thanh Trai Le
Journal Articles
In 1986 Congress amended the Fair Debt Collection Practices Act to include attorneys under the definition of debt collector. Now the Supreme Court is asked to determine if the law applies to attorneys suing debtors on behalf of clients, not just when they conduct debt-collection activities.
If the Supreme Court affirms the decision of the Seventh Circuit, thus finding for Jenkins, attorneys who litigate cases involving collection of debts may find themselves subject to liability for communications with the consumer or the consumer's attorney regarding the litigation. Furthermore, these attorneys would face personal liability for any violations of the Act …
Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurule
Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurule
Journal Articles
Criminal defendants often are charged and convicted of multiple offenses. And often one offense is a lesser included offense of another, which means that proving one offense proves the other. If the offender is sentenced for both crimes, is the prohibition against double jeopardy violated? That is the question the Supreme Court addresses in this drug trafficking case, a case in which two concurrent life imprisonment sentences were imposed for virtually the same conduct.
Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey
Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey
Journal Articles
My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as “criminal,” “civil,” “state,” “federal,” or “international,” is relevant principally to a question of legal theory or governmental organization, which is fundamentally secondary to the character of the behavior itself. In short, we have to look at the behavior first–and only then ask questions of legal theory or governmental organization.
We should not be talking about “federalization.” That is a constitutional question to which we now have a fairly clear constitutional answer. Little or no …
The Legal Aspects Of Foreign Investment In Vietnam, Tang Thi Thanh Trai Le
The Legal Aspects Of Foreign Investment In Vietnam, Tang Thi Thanh Trai Le
Journal Articles
Recent years have brought burgeoning interest in foreign investment in Vietnam. Although a few observers have sounded discordant notes about Vietnam's economic potential, they have been drowned out in the chorus of the prevailing opinion that Vietnam appears set to become the next 'tiger' of Southeast Asia. Recognising this potential, the US lifted its trade embargo of Vietnam in early 1994. By this time, foreign investors from other nations had already established a presence in Vietnam.
Foreign investors have well-founded reasons underlying their interest in Vietnam. Vietnam's plentiful natural resources, including timber, oil, agricultural resources, a long coastline, tourism, and …
Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett
Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett
Journal Articles
Each year, about three million people overpay their federal income taxes but don't file returns. Taxpayers usually have three years to claim a refund. When a non-filer waits more than two years before seeking a refund, the IRS often seeks more tax because the taxpayer has not filed. If the taxpayer appeals to the Tax Court to avoid paying the additional tax, the IRS says the refund period is only two years. Now the Supreme Court decides if a deficiency notice can shorten the time to claim a refund in the Tax Court.
Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule
Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule
Journal Articles
Civil forfeiture is one of the most potent weapons available to prosecutors in the “war on drugs” and against traditional organized crime. Unlike criminal forfeiture it is in rem and based on a legal fiction that property used in violation of law must be held responsible for harm that it has caused. The conceptual underpinnings of civil forfeiture are long established and can be traced back to English common law, but they also create the potential for abuse. There is currently federal legislation that considers scaling back the reach of civil forfeiture and recent Supreme Court decisions have also limited …
Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas L. Shaffer, Robert F. Cochran Jr.
Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas L. Shaffer, Robert F. Cochran Jr.
Journal Articles
Our thanks to the editors of the University of Arkansas at Little Rock Law Journal for the opportunity to respond to Jack Sammons' review of our recent book. We are honored to be taken seriously by someone as thoughtful as Sammons. We especially like his suggestion that, "[I]t would be good for everyone in the legal profession to pay attention to what Shaffer and Cochran have done here." (We hope they all buy copies of the book.) We see his book review (as we know he sees it) as moral discourse among friends; we respond in the same spirit. Though …
In Re American Waste: A Clumsy Expansion Of The Right To Litigate Environmental Issues, Keith B. Hall
In Re American Waste: A Clumsy Expansion Of The Right To Litigate Environmental Issues, Keith B. Hall
Journal Articles
No abstract provided.