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Articles 1 - 14 of 14

Full-Text Articles in Law

Extraterritoriality, Antitrust, And The Pragmatist Style, Justin Desautels-Stein Jan 2008

Extraterritoriality, Antitrust, And The Pragmatist Style, Justin Desautels-Stein

Articles

In the last decades of the 20th century, David Kennedy and Martti Koskenniemi made the case that the modern structure of international legal argument was characterized by "pragmatism." Taking this idea as its baseline, this Article's central argument is that legal pragmatism embodies a dominant style of contemporary legal reasoning, and that as Kennedy and Koskenniemi might have suggested, it is on display in some of the canonical antitrust decisions having an international dimension. The Article also seeks to show that pragmatism's ostensible triumph is best understood as a contest of three distinctly legal pragmatisms: "eclectic pragmatism," as ...


Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview, Samuel J. Levine Jan 1997

Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview, Samuel J. Levine

Scholarly Works

In recent years, a growing body of scholarship has developed in the United States that applies concepts in Jewish law to unsettled, controversial, and challenging areas of American legal thought. One area of Jewish legal thought that has found prominence in both American court opinions and American legal scholarship concerns the approach taken by Jewish law to capital punishment. In this Essay, Levine discusses the issue of the death penalty in Jewish law as it relates to the question of the death penalty in American law, a discussion that requires the rejection of simplistic conclusions and the confrontation of the ...


This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag Jan 1996

This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag

Articles

No abstract provided.


Anti-Intellectualism, Pierre Schlag Jan 1995

Anti-Intellectualism, Pierre Schlag

Articles

No abstract provided.


This Is Not A Sentence, Paul F. Campos Jan 1995

This Is Not A Sentence, Paul F. Campos

Articles

No abstract provided.


A Short History Of Hearsay Reform, With Particular Reference To Hoffman V. Palmer, Eddie Morgan And Jerry Frank, Michael S. Ariens Jan 1995

A Short History Of Hearsay Reform, With Particular Reference To Hoffman V. Palmer, Eddie Morgan And Jerry Frank, Michael S. Ariens

Faculty Articles

Much of the history of the American law of evidence, including its most contentious issue, hearsay, is the story of stasis and reform. The case of Hoffman v. Palmer represents one of few cases concerning hearsay known by name, and illustrates that “false” evidence has often been used to caution against efforts proclaiming “radical reform” of the law of evidence.

In this case involving a collision between a car and a train, the critical question was: Is the defendant railroad permitted to introduce into evidence the transcript of a question and answer session made two days after the accident between ...


A Heterodox Catechism, Paul Campos Jan 1994

A Heterodox Catechism, Paul Campos

Articles

No abstract provided.


Values, Pierre Schlag Jan 1994

Values, Pierre Schlag

Articles

No abstract provided.


Evidence Of Religion And The Religion Of Evidence, Michael S. Ariens Jan 1992

Evidence Of Religion And The Religion Of Evidence, Michael S. Ariens

Faculty Articles

When testimony about the religiosity of a victim is elicited, a jury will likely become aware of the religious affiliation of the victim. Any revelation to a jury of the religiosity of a victim can be an aid to the jury in assessing the punishment to be given to the defendant, since being religious and talking with people about religion is deemed a communal good. However, prescribing a harsher punishment to a defendant because of the religious affiliation of a victim is a form of religious discrimination which is unconstitutional. In light of this inherent difficulty of evidence of religion ...


The Law Of Evidence And The Idea Of Progress, Michael S. Ariens Jan 1992

The Law Of Evidence And The Idea Of Progress, Michael S. Ariens

Faculty Articles

To ask the question, “Does evidence law matter?,” is often to assume that some sets or groups of people believe it is important while others are challenging that view. However, another assumption regarding the nature of this question is possible—that the question is asked because legal academics believe that evidence law both does and does not matter, and that those academics also believe that these are irreconcilable beliefs. What is of particular interest is how legal academics reached this point and why they believe that evidence law both does and does not matter.

Consideration of these aspects of evidence ...


Stances, Pierre Schlag Jan 1991

Stances, 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.


Dutiful Justice (Book Review), Michael S. Ariens Jan 1991

Dutiful Justice (Book Review), Michael S. Ariens

Faculty Articles

Sheldon Novick’s biography, Honorable Justice: The Life of Oliver Wendell Holmes, is a traditional biography of one of the most important public figures in the United States since the Civil War.

Although the author disclaims it, Honorable Justice is a defense of Holmes. Novick writes of some of Holmes’ faults, but too often Holmes’ human imperfections are defended as strengths. It appears that Novick was trying hard to defend Holmes from late twentieth century critiques. This defense of Holmes seems a misguided attempt to re(de)ify Holmes to a group of readers which will likely include a large ...