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Full-Text Articles in Law
La Jurisprudence Américaine En Matière De “Class Arbitration”: Entre Débat Politique Et Technique Juridique, William W. Park
La Jurisprudence Américaine En Matière De “Class Arbitration”: Entre Débat Politique Et Technique Juridique, William W. Park
Faculty Scholarship
Arbitration law implicates a delicate equilibrium between respect for the bargain to arbitrate and protection of basic procedural fairness. The role of law thus remains intimately linked to the rule of law, in the sense of an impartial tribunal, the right to be heard, and respect for the arbitrator's mission. The legitimacy of the process depends on how arbitrators balance the often competing goals of due process and efficiency, and whether the authorities that review awards can monitor procedural integrity without infringing an arbitrator's prerogatives on a dispute's substantive merits. Two U.S. Supreme Court decisions on class arbitration serve as …
Legal Positivism: The Leading Legal Theory In America, Paul R. Rickert
Legal Positivism: The Leading Legal Theory In America, Paul R. Rickert
Faculty Publications and Presentations
The author discusses the transition in from a Natural Law base for American Jurisprudence to legal positivism.
Book Review: Postmodern Legal Movements: Law And Jurisprudence At Century's End By Gary Minda, Chris Sagers
Book Review: Postmodern Legal Movements: Law And Jurisprudence At Century's End By Gary Minda, Chris Sagers
Law Faculty Articles and Essays
Postmodem Legal Movements does two things. First, the bulk of the book provides an overview of American jurisprudence, from Christopher Columbus Langdell to the present. This overview is necessary because, in order to understand "postmodem forms of jurisprudence, we must first explore what came before postmodernism, that is, modernism" (p. 5). Second, the relatively short latter portion of the book presents an argument about the current state of American legal scholarship and its future. Minda's picture of contemporary legal thought is that of a paradigm shift in the making.
Postmodern Legal Movements will prove useful to those in search of …
Law As The Continuation Of God By Other Means, Pierre Schlag
Law As The Continuation Of God By Other Means, Pierre Schlag
Publications
No abstract provided.
Up In Smoke: Fourth Amendment Rights And The Burger Court, Gerald S. Reamey
Up In Smoke: Fourth Amendment Rights And The Burger Court, Gerald S. Reamey
Faculty Articles
When Warren Burger was appointed Chief Justice in 1969, he was expected to lead the Supreme Court away from its liberal, value-laden approach to constitutional adjudication. Indeed, a retrospective of the court’s work during the seventeen years Warren Burger served as Chief Justice reveals the expected conservative trend of the Chief Justice himself, as well as the Supreme Court generally. It does not, however, reflect wholesale rejection of the most controversial civil liberties decisions rendered by the Warren Court. It is also unclear that Chief Justice Burger was responsible for the Court’s retrenchment on civil liberties where it did occur. …
The Present Position Of Jurisprudence In The United States, Jerome Hall
The Present Position Of Jurisprudence In The United States, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall
Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall
Articles by Maurer Faculty
No abstract provided.