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1988

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Articles 1 - 30 of 97

Full-Text Articles in Law

The Opinion Volume 29 Number 8 – December 7, 1988, The Opinion Dec 1988

The Opinion Volume 29 Number 8 – December 7, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 7, 1988


The Opinion Volume 29 Number 7 – November 9, 1988, The Opinion Nov 1988

The Opinion Volume 29 Number 7 – November 9, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 9, 1988


The Crisis In Modern Contract Theory, Robert A. Hillman Nov 1988

The Crisis In Modern Contract Theory, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


The Opinion Volume 29 Number 6 – October 26, 1988, The Opinion Oct 1988

The Opinion Volume 29 Number 6 – October 26, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 26, 1988


The Opinion Volume 29 Number 5 – October 12, 1988, The Opinion Oct 1988

The Opinion Volume 29 Number 5 – October 12, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 12, 1988


Philosophy, History, And Judging, Donald P. Boyle Jr. Oct 1988

Philosophy, History, And Judging, Donald P. Boyle Jr.

William & Mary Law Review

No abstract provided.


Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White Oct 1988

Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White

William & Mary Law Review

No abstract provided.


Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker Oct 1988

Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker

North Carolina Central Law Review

No abstract provided.


Updating Statutory Interpretation, T. Alexander Aleinikoff Oct 1988

Updating Statutory Interpretation, T. Alexander Aleinikoff

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Aleinikoff examines in depth the first issue raised by Professor Farber. Using metaphors of the archeological and the nautical Professor Aleinikoff describes theories of originalism and their application to statutory interpretation. Concluding that there are nonoriginalist (or nonarcheological) elements implicit in these theories, he proceeds to consider how an explicitly nonoriginalist (or nautical) theory of interpretation might work He concludes by commenting on the application of such a theory to Patterson.


Lord Mansfield And Negotiable Instruments, Jane D. Samson Oct 1988

Lord Mansfield And Negotiable Instruments, Jane D. Samson

Dalhousie Law Journal

In any system of judge-made law the longevity, education and character of a judge have enhanced significance. The idea of a judge personifies Justice, blinded and impartial, but the law he creates will inevitably be infused with his personality. Where an individual develops an entire system of law, his contribution to legal history can be overwhelming. Lord Mansfield remains a case in point.


Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman Oct 1988

Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman

Dalhousie Law Journal

My work... has assumed the shape of ... a spiral curriculum, circling around the same issues, though trying to keep them open-ended. This statement was penned by Northrop Frye in Spiritus Mundi in the context of reflections about creativity and literary criticism, but it aptly describes as well the intellectual ferment of writing about legal education in Canada during the past few decades. Indeed, Frye's suggestion that the above quotation "may be only a rationalization for not having budged an inch in eighteen years ' may similarly offer an important clue about the legal education debate in Canada and the …


Le Droit Dans Tous Ses États. La Question Du Droit Au Québec 1970-1987, Philip P. Girard Oct 1988

Le Droit Dans Tous Ses États. La Question Du Droit Au Québec 1970-1987, Philip P. Girard

Dalhousie Law Journal

This book contains 30 essays covering many aspects of Quebec law,' divided into five sections: l'Etat, les personnes, les conditions de vie, les organisations, and a final section entitled l'émergence d'une science juridique. The contributions are united in a formal sense in two ways: their authors are all professors in the department of sciences juridiques at l'Université du Québec à Montréal, and they all focus on developments in the period 1970-1987. Thematically, the pieces are united, according to the preface at any rate, in providing, "une lecture critique de l'évolution des tendances de notre droit" during this agitated, exhilarating and …


The Opinion Volume 29 Number 4 – September 28, 1988, The Opinion Sep 1988

The Opinion Volume 29 Number 4 – September 28, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 28, 1988


The Opinion Volume 29 Number 3 – September 14, 1988, The Opinion Sep 1988

The Opinion Volume 29 Number 3 – September 14, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 14, 1988


The Opinion Volume 29 Number 2 – August 19, 1988, The Opinion Aug 1988

The Opinion Volume 29 Number 2 – August 19, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated August 19, 1988


The Family Court: An Historical Survey, Merril Sobie Jul 1988

The Family Court: An Historical Survey, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The New York Family Court this year celebrates its twenty-fifth anniversary. Hailed as an "experimental" tribunal, designed to resolve society's most intractable problems, including family dissolution, delinquency and child neglect, the court has been perceived as a radical development which altered the then existing legal rules governing family affairs. The Family Court Act indeed incorporates several creative provisions. But the court's foundations were built upon solid jurisprudential underpinnings, principles which had evolved over the course of the preceding century. Establishment of the court was neither radical nor experimental; in reality, Family Court represents the latest increment in the development of …


A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande Jun 1988

A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande

All Faculty Scholarship

No abstract provided.


The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter May 1988

The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter

Michigan Law Review

A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet


The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan May 1988

The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan

Michigan Law Review

A Review of The Enduring Constitution: A Bicentennial Perspective by Jethro K. Lieberman


Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover May 1988

Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover

Michigan Law Review

A Review of Encyclopedia of the American Constitution by Leonard Levy, Kenneth Karst and Dennis Mahoney


The Believer And The Powers That Are, Elizabeth Ferguson May 1988

The Believer And The Powers That Are, Elizabeth Ferguson

Michigan Law Review

A Review of The Believer and the Powers That Are by John T. Noonan, Jr.


Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks May 1988

Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks

Michigan Law Review

A Review of Constitutional Opinions: Aspects of the Bill of Rights by Leonard W. Levy


The Settlement Of Disputes In Early Medieval Europe, David A. Westrup May 1988

The Settlement Of Disputes In Early Medieval Europe, David A. Westrup

Michigan Law Review

A Review of The Settlement of Disputes in Early Medieval Europe Edited by Wendy Davies and Paul Fouracre


Human Rights And International Relations, Sandip Bhattacharji May 1988

Human Rights And International Relations, Sandip Bhattacharji

Michigan Law Review

A Review of Human Rights and International Relations by R.J. Vincent


New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors May 1988

New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors

Michigan Law Review

A Review of New Deal Labor Policy and the American Industrial Economy by Stanley Vittoz


The Opinion Volume 29 Number 1 – April 20, 1988, The Opinion Apr 1988

The Opinion Volume 29 Number 1 – April 20, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 20, 1988. Includes Onion spoof issue overwrap.


The Opinion Volume 28 Number 12 – April 6, 1988, The Opinion Apr 1988

The Opinion Volume 28 Number 12 – April 6, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 06, 1988


Law And Culture In Antebellum Boston (Review Essay), Alfred S. Konefsky Apr 1988

Law And Culture In Antebellum Boston (Review Essay), Alfred S. Konefsky

Book Reviews

Review of Robert A. Ferguson, Law and Letters in American Culture; R. Kent Newmeyer, Supreme Court Justice joseph Story: Statesman of the Old Republic; and William H. Pease & Jane H. Pease, The Web of Progress: Private Values and Public Syles in Boston and Charleston.


Volume 11, Issue 1 (Spring 1988) Apr 1988

Volume 11, Issue 1 (Spring 1988)

Transcript

No abstract provided.


Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney Apr 1988

Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney

Washington Law Review

By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …