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Articles 1 - 15 of 15

Full-Text Articles in Law

Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz Mar 1990

Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey Kuklin Mar 1990

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey Kuklin

Faculty Scholarship

No abstract provided.


Bull Durham And The Uses Of Theory, Steven L. Winter Feb 1990

Bull Durham And The Uses Of Theory, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz Jan 1990

Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz Jan 1990

The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón Jan 1990

International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón

Scholarly Publications

In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from …


Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz Jan 1990

Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Nomos And Thanatos (Part B): Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation? Part Ii, Richard F. Devlin Frsc Jan 1990

Nomos And Thanatos (Part B): Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation? Part Ii, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …


Nomos And Thanatos (Part B): Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation? Part I, Richard F. Devlin Frsc Jan 1990

Nomos And Thanatos (Part B): Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation? Part I, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …


Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy Jan 1990

Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy

Publications

No abstract provided.


Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon Jan 1990

Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon

Articles

Different legal expert systems may be incompatible with each other: A user in characterizing the same situation by answering the questions presented in a consultation can be led to contradictory inferences. Such systems can be ”synthesized’ to help users avoid such contradictions by alerting them that other relevant systems are available to be consulted as they are responding to questions. An example of potentially incompatible, related legal expert systems is presented here - ones for the New Jersey murder statute and the celebrated Quinlan case, along with one way of synthesizing them to avoid such incompatibility.


Reasons, Authority, And The Meaning Of 'Obey': Further Thoughts On Raz And Obedience To Law, Donald H. Regan Jan 1990

Reasons, Authority, And The Meaning Of 'Obey': Further Thoughts On Raz And Obedience To Law, Donald H. Regan

Articles

I recently published a long article' discussing a variety of topics from Joseph Raz's The Morality of Freedom.2 The article was part of a symposium on Raz's work in the Southern California Law Review. Raz responded' to the articles in that symposium, including my own. From a perspective which surveys the whole range of views on political philosophy, Raz's view and mine look very similar. Even so, we find many things to disagree about, which neither of us would regard as merely matters of detail. For the most part, we at least share a common understanding of our disagreements. But …


"Le Hors De Texte, C'Est Moi": The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag Jan 1990

"Le Hors De Texte, C'Est Moi": The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag

Publications

No abstract provided.


Translation, Interpretation, And The Law, James Boyd White Jan 1990

Translation, Interpretation, And The Law, James Boyd White

Book Chapters

As my title suggests I wish here to elaborate some connections among the practices we know as translation, interpretation, and law.


Virtues And Voices, Lawrence B. Solum Jan 1990

Virtues And Voices, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay explores two ideas that have recently played an important role in discourse about the American constitutional order. The first idea has emerged from the revival of civic republicanism. The republican revival has focused our attention on the classical conception of civic virtue. Our basic social arrangements ought to nourish a citizenry with the characteristics of mind and will that promote human flourishing. The second idea, expressed in critical race theory and feminist jurisprudence, is that we have an obligation as a society and as scholars to attend to excluded voices. The juxtaposition of these two themes offers an …