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1985

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Full-Text Articles in Law

The Formulaic Constitution, Robert F. Nagel Nov 1985

The Formulaic Constitution, Robert F. Nagel

Michigan Law Review

This essay explores the ways in which the formulaic style is different from other, older forms of constitutional doctrine. It argues that the modern style affects the content that the Court finds in the Constitution and that it illuminates the current interpretive functions of the judiciary. Perhaps most importantly, the formulaic style establishes an identifiable relationship between the Court and the public and thus constrains how the Court's version of the Constitution bears upon the larger political culture.


Citation Sources And The New York Court Of Appeals, Mary Anne Bobinski Oct 1985

Citation Sources And The New York Court Of Appeals, Mary Anne Bobinski

Buffalo Law Review

No abstract provided.


Faculty-Edited Law Reviews: Yes -- A Statement By Roger C. Cramton, Roger C. Cramton Sep 1985

Faculty-Edited Law Reviews: Yes -- A Statement By Roger C. Cramton, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


The Next Step: Definition, Generalization, And Theory In American Family Law, Carl E. Schneider Jun 1985

The Next Step: Definition, Generalization, And Theory In American Family Law, Carl E. Schneider

University of Michigan Journal of Law Reform

The Journal of Law Reform's Symposium on Family Law comes opportunely, in legal scholarship's spring of hope, its winter of despair, at a time when we have everything before us, when we have nothing before us. As is natural in such an epoch, reflection about legal scholarship, about its history, purposes, and methods, has flourished. This Symposium invites us to extend that reflection to family law, and this essay attempts, tentatively and speculatively, to accept the invitation.


New York Law School Law Review 30th Anniversary, Roger J. Miner '56 Apr 1985

New York Law School Law Review 30th Anniversary, Roger J. Miner '56

Law Review Addresses

No abstract provided.


A New List Of Recommended Reading For Prospective Law Students, Michigan Law Review Feb 1985

A New List Of Recommended Reading For Prospective Law Students, Michigan Law Review

Michigan Law Review

A List Compiled from the Recommendations of the Faculty of the Michigan Law School


Point/Counterpoint: A Debate On Irony And Interpretation, Richard Lempert, Peter Westen Jan 1985

Point/Counterpoint: A Debate On Irony And Interpretation, Richard Lempert, Peter Westen

Law Quadrangle (formerly Law Quad Notes)

Can irony play a role in the construction of statutes? In the following articles, legal scholars Richard Lempert and Peter Westen debate the point, taking, as their context, the Supreme Court decision in United Steelworkers v. Weber, a 1979 affirmative action case that brings to the fore the moral dilemmas posed by such programs.

Professor Lempert's initial article originally appeared in Ethics 95 (October 1984), published by the University of Chicago Press. Professor Westen's response, and Lempert's rejoinder to it, were written especially for Law Quadrangle Notes.

Richard Lempert is a graduate of Oberlin College and the University of …


Point/Counterpoint: A Debate On Irony And Interpretation, Richard Lempert, Peter Westen Jan 1985

Point/Counterpoint: A Debate On Irony And Interpretation, Richard Lempert, Peter Westen

Law Quadrangle (formerly Law Quad Notes)

Can irony play a role in the construction of statutes? In the following articles, legal scholars Richard Lempert and Peter Westen debate the point, taking, as their context, the Supreme Court decision in United Steelworkers v. Weber, a 1979 affirmative action case that brings to the fore the moral dilemmas posed by such programs.

Professor Lempert's initial article originally appeared in Ethics 95 (October 1984), published by the University of Chicago Press. Professor Westen's response, and Lempert's rejoinder to it, were written especially for Law Quadrangle Notes.

Richard Lempert is a graduate of Oberlin College and the University of …


Foreign Experiences Toward The Development Of A National Legal Information Center, Claire M. Germain Jan 1985

Foreign Experiences Toward The Development Of A National Legal Information Center, Claire M. Germain

Cornell Law Faculty Publications

This comparative study discusses whether selected foreign countries--Canada, the United Kingdom, France, and the Federal Republic of Germany--have a history of a movement toward the establishment of a national information center. The author examines the development of existing law libraries and libraries with large legal collections, analyzes the role played by the national library of each country, and describes some cooperative accomplishments at the regional and national level. Comparisons are drawn with what is expected of a national legal information center in the United States.


Vietnam On Trial: A Conceptual Framework For Presenting And Explaining Ptsd In A Forensic Setting, C. Peter Erlinder Jan 1985

Vietnam On Trial: A Conceptual Framework For Presenting And Explaining Ptsd In A Forensic Setting, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Prohibiting Prosecutorial Vindictiveness While Protecting Prosecutorial Discretion: Toward A Principled Resolution Of A Due Process Dilemma, C. Peter Erlinder Jan 1985

Prohibiting Prosecutorial Vindictiveness While Protecting Prosecutorial Discretion: Toward A Principled Resolution Of A Due Process Dilemma, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Foreign Investment In The United States: A Survey Of Current Legal Literature, Igor L. Kavass Jan 1985

Foreign Investment In The United States: A Survey Of Current Legal Literature, Igor L. Kavass

Vanderbilt Journal of Transnational Law

This Survey is limited to law and law-related writings on the subject of foreign investments in the United States which attorneys and legal scholars may find useful to consult for the purposes of conducting research and performing professional work. The Survey contains information about books, articles, notes, government reports and surveys, and Congressional hearings, reports, and papers published from about 1970 through the early part of 1985. The publications it describes can be divided into four major categories:

(1) investigative and policy-oriented monographs and articles;

(2) practical law manuals and guides either in the form of books or articles written …


A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland Jan 1985

A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland

Maurice James Holland (1984-1985 Acting; 1986 Acting)

No abstract provided.


Brief For Respondent Third Annual Benton National Moot Court Competition Briefs, 18 J. Marshall L. Rev. 1079 (1985), Brooke F. Kocab, Sharon Winklhofer Jan 1985

Brief For Respondent Third Annual Benton National Moot Court Competition Briefs, 18 J. Marshall L. Rev. 1079 (1985), Brooke F. Kocab, Sharon Winklhofer

UIC Law Review

No abstract provided.


Brief For The Petitioner Third Annual Benton National Moot Court Competition Briefs, 18 J. Marshall L. Rev. 1033 (1985), Janet Clark Holmgren, Sheila M. O'Bryan Jan 1985

Brief For The Petitioner Third Annual Benton National Moot Court Competition Briefs, 18 J. Marshall L. Rev. 1033 (1985), Janet Clark Holmgren, Sheila M. O'Bryan

UIC Law Review

No abstract provided.


Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray Jan 1985

Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray

Reviews

Richard Chang attacks the generalization accepted by many historians that the Western consular tribunals in nineteenth-century Japan were so partial- toward West- erners and against Japanese-that they seldom rendered evenhanded justice. His study required two steps. First he tried to determine how many "mixed" cases came to trial-cases in which aJapanese brought a claim against a foreign resident in a consular court or was the complaining party in criminal proceedings against a foreigner. Between 1875 and 1895 there were five such cases that were widely reported and commented on at the time, and that have often been cited as examples. …


Table Of Contents Jan 1985

Table Of Contents

Touro Law Review

No abstract provided.


Criminal Practice, And Politics And The Constitution In The History Of The United States, Ronald J. Bacigal, Donald O. Dewey Jan 1985

Criminal Practice, And Politics And The Constitution In The History Of The United States, Ronald J. Bacigal, Donald O. Dewey

University of Richmond Law Review

When John Lowe asked me to review his book, I confess that I was surprised. Having just authored two books on Virginia Criminal Procedure, I considered John and myself to be competitors. However, after examining his book I now understand that our books serve different purposes and in fact complement each other.


Virginia Circuit Court Opinions, Harrison On Wills And Administration In Virginia And West Virginia, T. S. Ellis Iii, Dennis I. Belcher Jan 1985

Virginia Circuit Court Opinions, Harrison On Wills And Administration In Virginia And West Virginia, T. S. Ellis Iii, Dennis I. Belcher

University of Richmond Law Review

Jesse Root. Nathaniel Chipman. George Caines. Ephraim Kirby. Most lawyers will not recognize these names. More familiar, perhaps, are Alexander Dallas, Henry Wheaton, and Richard Peters. In fact, all belong to the same distinguished group: compilers and reporters of America's early judicial decisions. With the publication of Volumes One and Two of the Virginia Circuit Court Opinions (hereinafter "Opinions"), Professor Hamilton Bryson bids fair to join this distinguished group.


Bench Memorandum Third Annual Benton National Moot Court Competition Briefs, 18 J. Marshall L. Rev. 1017 (1985), George B. Trubow, Ralph Ruebner, Kenneth Michaels Jan 1985

Bench Memorandum Third Annual Benton National Moot Court Competition Briefs, 18 J. Marshall L. Rev. 1017 (1985), George B. Trubow, Ralph Ruebner, Kenneth Michaels

UIC Law Review

No abstract provided.


Virginia Torts Case Finder, Paul J. Zwier Jan 1985

Virginia Torts Case Finder, Paul J. Zwier

University of Richmond Law Review

Brien Roche's Virginia Torts Case Finder ("Case Finder") provides a useful research aid for the students and practitioners of tort law in this state. This Case Finder, as the name implies, is a digest-like research tool for tort cases found in the Virginia Reports.


Plain English Statutes And Readability: Pt. 2 - Readability Formulas And Specifications For A "Plain English" Statute, Reed Dickerson Jan 1985

Plain English Statutes And Readability: Pt. 2 - Readability Formulas And Specifications For A "Plain English" Statute, Reed Dickerson

Articles by Maurer Faculty

In 1965 Reed Dickerson, Professor of Low at the University of Indiana Law School, wrote the classic Fundamentals of Legal Drafting, published by Little Brown and Co., Boston, a book that has become the most referred to of all books on legal drafting. Little Brown and Co. will soon be publishing Professor Dickerson's Second Edition of Fundamentals of Legal Drafting. With the permission of the author and the publishers, the Michigan Bar Journal and the Plain English Committee are pleased to present excerpts from a chapter in the Second Edition regarding plain English statutes and readability. "Part I - History, …


1985 Touro College School Of Law Yearbook, Touro College School Of Law Jan 1985

1985 Touro College School Of Law Yearbook, Touro College School Of Law

Yearbooks and Newsletters

1985 Touro College School of Law Yearbook


Address, Harry A. Blackmun Jan 1985

Address, Harry A. Blackmun

Touro Law Review

No abstract provided.


Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair Jan 1985

Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair

Articles by Maurer Faculty

In everyday conversation social conventions constrain our speech and aid understanding of the speech of others. These social conventions have been analyzed by the philosopher H.P. Grice and others. Professor Sinclair explores the applicability of such conventions to statutes and thereby derives a set of pragmatic rules of statutory construction. These rules explain some of the intuitions underlying "canons of construction" and their limitations and provide a basis for understanding and for criticizing some important judicial decisions.


Plain English Statutes And Readability: Pt. 1 - History, The Problem And The Case For A Statute, Reed Dickerson Jan 1985

Plain English Statutes And Readability: Pt. 1 - History, The Problem And The Case For A Statute, Reed Dickerson

Articles by Maurer Faculty

In 1965 Reed Dickerson, Professor of Law at the University of Indiana Law School, wrote the classic Fundamentals of Legal Drafting, published by Little Brown and Co., Boston, a book that has become the most referred to of all books on legal drafting. Little Brown and Co. will soon be publishing Professor Dickerson's Second Edition of Fundamentals of Legal Drafting. With the permission of the author and the publishers, the Michigan Bar Journal and the Plain English Committee are pleased to present excerpts from a chapter in the Second Edition regarding plain English statutes and readability.


The Formulaic Constitution, Robert F. Nagel Jan 1985

The Formulaic Constitution, Robert F. Nagel

Publications

The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …


One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon Jan 1985

One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon

Articles

This article describes an innovation in legal education and speculates about its importance and effectiveness as an educational tool. The speculations about its potential use, however, are ones that each legal educator will be able to test individually to determine the effectiveness of this use of microcomputers to improve legal education. The computer software that permits the innovation to be used will be available to interested persons by the time that this article is published.


Foreign Experiences Toward The Development Of A National Legal Information Center, Claire M. Germain Jan 1985

Foreign Experiences Toward The Development Of A National Legal Information Center, Claire M. Germain

UF Law Faculty Publications

This comparative study discusses whether selected foreign countries -- Canada, the United Kingdom, France, and the Federal Republic of Germany -- have a history of a movement toward the establishment of a national information center. The author examines the development of existing law libraries and libraries with large legal collections, analyzes the role played by the national library of each country, and describes some cooperative accomplishments at the regional and national level. Comparisons are drawn with what is expected of a national legal information center in the United States.


How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White Jan 1985

How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White

Articles

My immediate subject in this Comment is section 2.01 of the American Law Institute's proposed Principles of Corporate Governance (Tentative Draft No. 2), which defines in general terms the proper objectives and conduct of a business corporation. My larger subject has to do with the adequacy and inadequacy of various languages in which corporate pur­poses and limits might be expressed, and especially with the limits of the economic language used in the ALI Draft.