Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

1991

Jurisprudence

Institution
Keyword
Publication

Articles 1 - 30 of 32

Full-Text Articles in Law

Tribe's Judicious Feminism, Anita L. Allen Nov 1991

Tribe's Judicious Feminism, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


What's Left?, Guyora Binder Jul 1991

What's Left?, Guyora Binder

Journal Articles

Addressing the future of radical politics at the end of the cold war, this article offers a reconstruction of radical theory around the goal of enabling collaborative self-realization through participatory democratic politics. It offers an interpretation of the radical tradition as defined by a view of human nature as a cultural artifact, and a conception of liberation as the self-conscious transformation of human nature. It proceeds to critique radical theory’s traditional focus on revolution as the means of radical transformation. Distinguishing instrumental and self-expressive conceptions of transformation it critiques revolutionary processes as tending to reproduce instrumental culture. It offers ...


"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon Jul 1991

"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon

Law Faculty Articles and Essays

The authors provide varying opinions on the Second Amendment.


The World In Our Courts, Stephen B. Burbank May 1991

The World In Our Courts, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Stances, Pierre Schlag Jan 1991

Stances, Pierre Schlag

Articles

No abstract provided.


Generosity: A Duty Without A Right, Richard Stith Jan 1991

Generosity: A Duty Without A Right, Richard Stith

Law Faculty Publications

The rhetoric of rights permeates and dominates the American legal thought today. Even ethics is often considered to involve fundamentally a mutual respect for "moral rights." Understanding human rights is taken to be a sufficient condition for knowing how we do and should order our life together.


Will There Be A Science Of Law In The Twenty-First Century?, Richard Stith Jan 1991

Will There Be A Science Of Law In The Twenty-First Century?, Richard Stith

Law Faculty Publications

The skepticism of the American Legal Realists and their heirs threatens to make a politically neutral science of law impossible and thus to undermine the liberal polity which needs such a science. Ronald Dworkin attempts to refute the skeptics and defend both legal theory and liberalism. However, the author points out, Dworkin and liberalism are themselves skeptics when it comes to moral principles, and, therefore, they cannot wholly escape from similar skepticism with regard to legal principles. Both Anglo-American and Continental legal history are examined in the course of these arguments.


Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson Jan 1991

Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson

Articles

The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So ...


Re-Examining Hearsay Under The Federal Rules: Some Method For The Madness, Paul S. Milich Jan 1991

Re-Examining Hearsay Under The Federal Rules: Some Method For The Madness, Paul S. Milich

Faculty Publications By Year

No abstract provided.


The Canons Of Construction In Georgia: "Anachronisms" In Action, R. Perry Sentell Jr. Jan 1991

The Canons Of Construction In Georgia: "Anachronisms" In Action, R. Perry Sentell Jr.

Scholarly Works

Two initial observations may be tendered concerning the canons of interpretations: The literature, almost uniformly, discredits them; the courts, almost uniformly, employ them. The purpose of this effort is to reflect some sense of background, and illustratively to marshal the Georgia experiences with what are perhaps the three most famous canons of interpretation.


Foreword: Postmodernism And Law, Pierre Schlag Jan 1991

Foreword: Postmodernism And Law, Pierre Schlag

Articles

No abstract provided.


Normativity And The Politics Of Form, Pierre Schlag Jan 1991

Normativity And The Politics Of Form, Pierre Schlag

Articles

No abstract provided.


The Problem Of The Subject, Pierre Schlag Jan 1991

The Problem Of The Subject, Pierre Schlag

Articles

No abstract provided.


Rights, Communities, And Tradition, Brian Slattery Jan 1991

Rights, Communities, And Tradition, Brian Slattery

Articles & Book Chapters

This paper argues that there is a close connection between basic human rights and communal bonds. It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.


Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green Jan 1991

Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green

Reviews

David Lieberman's lucid and sure-footed reinterpretationof late-eighteenth and early-nineteenth-century jurisprudence is original, thoughtful, analytically acute, and a pleasure to read. Lieberman argues that Bentham's law reform ideas must be viewed in relation to earlier (and contemporary) reform traditions. Bentham's views were more complex than the long-held myth would have it, partly because they were more derivative, at least in his early enterprises, combining as they did a reception of earlier notions with the novelty for which he is usually credited. Blackstone and Mansfield, on this account, were not the match stick figures they are sometimes made out ...


"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers Jan 1991

"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers

Law Faculty Scholarly Articles

Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the ...


Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin Jan 1991

Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin

Journal Articles

No abstract provided.


Rehnquist Or Rorty?, Carl W. Tobias Jan 1991

Rehnquist Or Rorty?, Carl W. Tobias

Law Faculty Publications

A postmodern response to Gene Shreve, Eighteen Feet of Clay: Thoughts on Phantom Rule 4(m), 67 Ind. L.J. 85 (1991).


Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch Jan 1991

Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Sunlight, Secrets And Scarlet Letters; The Tension Between Privacy And Disclosure In Constitutional Law, Seth F. Kreimer Jan 1991

Sunlight, Secrets And Scarlet Letters; The Tension Between Privacy And Disclosure In Constitutional Law, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts Jan 1991

Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.


The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel Jan 1991

The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel

Scholarly Works

No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often ...


Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel Jan 1991

Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel

Scholarly Works

The Federal Arbitration Act (the Act), seeks to eliminate centuries of perceived judicial hostility toward arbitration agreements. The Act made written arbitration agreements involving interstate commerce specifically enforceable. It also provided a procedural structure for enforcing awards, which were protected through deferential judicial review. The Act intended to have a wide reach, employing a broad definition of commerce that has presumably grown in breadth along with the expansion of judicial notions of commerce. Although courts applied the Act in tentative and cautious fashion until the 1960's, arbitration gained momentum during the 1970's and the 1980's. Despite growing ...


Authoritarianism And The Rule Of Law, Lynne Henderson Jan 1991

Authoritarianism And The Rule Of Law, Lynne Henderson

Scholarly Works

No abstract provided.


Dealing With Younger Abstention As A Part Of Federal Courts Reform - The Role Of The Vanishing Proposal, George D. Brown Jan 1991

Dealing With Younger Abstention As A Part Of Federal Courts Reform - The Role Of The Vanishing Proposal, George D. Brown

Boston College Law School Faculty Papers

No abstract provided.


Opinions Of Counsel: What They Are And Why American Companies Ask For Them, Scott T. Fitzgibbon, Donald W. Glazer Jan 1991

Opinions Of Counsel: What They Are And Why American Companies Ask For Them, Scott T. Fitzgibbon, Donald W. Glazer

Boston College Law School Faculty Papers

Legal opinions - formal letters of legal advice delivered by counsel in financial transactions - are a feature of the American legal scene. They have also gained wide acceptance abroad. This article describes the standard legal opinion in an American financing and describe its uses and importance to an American lawyer. It also contains suggestions for interpreting and analyzing legal opinions.


Eroding The Myth Of Discretionary Justice In Family Law: The Child Support Experiment, Jane C. Murphy Jan 1991

Eroding The Myth Of Discretionary Justice In Family Law: The Child Support Experiment, Jane C. Murphy

All Faculty Scholarship

Reliance on judicial discretion to resolve disputes is one of the most fundamental characteristics of the American legal system. Nowhere have judges exercised more unfettered discretion than in family law. Judicial discretion in this area, however, is not without its critics. In this Article Professor Jane Murphy recommends limiting the use of judicial discretion in family law matters. Professor Murphy argues that the lack of predictability which flows from discretionary decisions undermines our confidence in the equity of decisions and encourages protracted litigation.

Professor Murphy reviews the developing consensus that fixed rules are necessary to guide judges' discretion in divorce ...


A Tribute To Peter S. Popovich, James F. Hogg Jan 1991

A Tribute To Peter S. Popovich, James F. Hogg

Faculty Scholarship

A tribute to Peter S. Popovich, Chief Justice of the Minnesota Supreme Court 1989-1990 and William Mitchell College of Law alumni.


The Power Of Private Facts, Anita L. Allen Jan 1991

The Power Of Private Facts, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick Jan 1991

The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick

Faculty Scholarship at Penn Law

No abstract provided.