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

Law Commons

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

1990

Jurisprudence

Institution
Keyword
Publication
Publication Type

Articles 31 - 60 of 147

Full-Text Articles in Law

Contracts—The Trend Toward Legal Realism. Shearson Lehman Cmo, Inc. V. Tcf Banking & Savings And Teachers Insurance & Annuity Association V. Tribune Co., 670 F. Supp. 491 (S.D.N.Y. 1987)., Janne G. Siegel Apr 1990

Contracts—The Trend Toward Legal Realism. Shearson Lehman Cmo, Inc. V. Tcf Banking & Savings And Teachers Insurance & Annuity Association V. Tribune Co., 670 F. Supp. 491 (S.D.N.Y. 1987)., Janne G. Siegel

University of Arkansas at Little Rock Law Review

No abstract provided.


Stare Decisis And Judicial Restraint, Lewis F. Powell, Jr. Mar 1990

Stare Decisis And Judicial Restraint, Lewis F. Powell, Jr.

Washington and Lee Law Review

No abstract provided.


Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt Mar 1990

Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt

Washington and Lee Law Review

No abstract provided.


Professor Brudner's Crisis, Ernest J. Weinrib Feb 1990

Professor Brudner's Crisis, Ernest J. Weinrib

Cardozo Law Review

No abstract provided.


Professor Weinrib's Coherence, Alan Brudner Feb 1990

Professor Weinrib's Coherence, Alan Brudner

Cardozo Law Review

No abstract provided.


Progressive And Conservative Constitutionalism, Robin West Feb 1990

Progressive And Conservative Constitutionalism, Robin West

Michigan Law Review

The article's central thesis is that the understandings of the constitutional tradition most central to both paradigms are determined by sometimes implicit, but more often explicit, political dispositions toward various forms of social and private power, and the normative authority to which social and private power gives rise. Very broadly, conservative constitutionalists view private or social normative authority as the legitimate and best source of guidance for state action; accordingly, they view both the Constitution and constitutional adjudication as means of preserving and protecting that authority and the power that undergirds it against either legislative or judicial encroachment. Progressive constitutionalists, …


Not Beyond Justice: A Reply To Heller And Eisele, Arthur J. Jacobson Feb 1990

Not Beyond Justice: A Reply To Heller And Eisele, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.


The Corporate Entity In An Era Of Multinational Corporations, Phillip Blumberg Jan 1990

The Corporate Entity In An Era Of Multinational Corporations, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


The Corporate Personality In American Law: A Summary Review, Phillip Blumberg Jan 1990

The Corporate Personality In American Law: A Summary Review, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz Jan 1990

The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


Scots Law In Post-Revolutionary And Nineteenth-Century America: The Neglected Jurisprudence, C. Paul Rogers Iii Jan 1990

Scots Law In Post-Revolutionary And Nineteenth-Century America: The Neglected Jurisprudence, C. Paul Rogers Iii

Faculty Journal Articles and Book Chapters

No abstract provided.


Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle Jan 1990

Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle

Faculty Scholarship

Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …


Levit V. Ingersoll Rand Financial Corp.: The Demise Of Independent Preference Liability Under 550(A), 23 J. Marshall L. Rev. 501 (1990), Michael Keaton Jan 1990

Levit V. Ingersoll Rand Financial Corp.: The Demise Of Independent Preference Liability Under 550(A), 23 J. Marshall L. Rev. 501 (1990), Michael Keaton

UIC Law Review

No abstract provided.


G. Heilman Brewing Co., Inc. V. Joseph Oat Corp.: The Seventh Circuit Approves The Exercise Of Inherent Authority To Increase A District Judge's Pre-Trial Authority Under Rule 16, 23 J. Marshall L. Rev. 517 (1990), Bradley Adas Jan 1990

G. Heilman Brewing Co., Inc. V. Joseph Oat Corp.: The Seventh Circuit Approves The Exercise Of Inherent Authority To Increase A District Judge's Pre-Trial Authority Under Rule 16, 23 J. Marshall L. Rev. 517 (1990), Bradley Adas

UIC Law Review

No abstract provided.


Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson Jan 1990

Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson

Cleveland State Law Review

This article maintains that the Supreme Court's most recent affirmative action decisions, City of Richmond v. JA. Croson, Co. and Metro Broadcasting, Inc. v. F.C.C. provide a surprising opportunity for the Court to offer constitutional protection to many Americans who are currently under protected, particularly to poor children. This Article will argue that the Richmond/Metro double standard is acceptable in such difficult areas as affirmative action, particularly if the Court also adopts this Article's primary proposal that the Court should sometimes permit Congress to "dilute" Supreme Court decisions. This Article shall explore this proposed doctrine of limited dilution by applying …


The First Amendment In An Age Of Paratroopers, David Skover, Ronald Collins Jan 1990

The First Amendment In An Age Of Paratroopers, David Skover, Ronald Collins

Faculty Articles

As the lead piece in a Colloquy entitled The First Amendment and the Paratroopers' Paradox, this article argues that today's free speech theory is largely grounded in 18th Century fears of government's tyrannical censorship. This theory is ill-equipped to deal with a distinct tyranny in 21st Century America, a tyranny playing upon the public's insatiable appetite for amusement. Those who venture to develop free speech principles to suit a new cultural environment are the First Amendment paratroopers of our time, the ones who realize that we cannot retain our old constitutional prerogatives in a transformed world. The Paratroopers' Paradox: To …


The Rule Of Law And The Rule Of Laws, David F. Forte Jan 1990

The Rule Of Law And The Rule Of Laws, David F. Forte

Law Faculty Articles and Essays

The thesis of this article is that, for the Rule of Law to be maintained in a modern technological society, the legal system must affirmatively tolerate a range of justifiable non-compliance. I begin with a rather strong definition of the Rule of Law, one that encompasses not merely the procedural desiderata of Lon Fuller (which John Finnis accepts), but also the notion that the Rule of Law has a substantive content (the common good) and that it necessarily binds the rulers as well as the ruled. I posit as an opposite phenomenon to the Rule of Law, the rule of …


When Does Parental Liability End?: Holding Parents Liable For The Acts Of Their Adult Children, Joan Morgridge Jan 1990

When Does Parental Liability End?: Holding Parents Liable For The Acts Of Their Adult Children, Joan Morgridge

Loyola University Chicago Law Journal

No abstract provided.


Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki Jan 1990

Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki

Loyola University Chicago Law Journal

No abstract provided.


Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger Jan 1990

Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger

UIC Law Review

No abstract provided.


A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz Jan 1990

A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz

Touro Law Review

No abstract provided.


Falling Off The Vine: Legal Fictions And The Doctrine Of Substituted Judgment, Louise Harmon Jan 1990

Falling Off The Vine: Legal Fictions And The Doctrine Of Substituted Judgment, Louise Harmon

Scholarly Works

No abstract provided.


The Unimportance Of Precedence In The Law Of Federal Courts, Michael L. Wells Jan 1990

The Unimportance Of Precedence In The Law Of Federal Courts, Michael L. Wells

Scholarly Works

Part I of this Article asserts that the Supreme Court pays little attention to precedent in federal courts law. My examples in support of this claim are taken from important areas of federal courts doctrine, where two major upheavals have taken place in the past thirty years. First, the Warren Court rewrote the law to expand access to federal court. then under Chief Justice Burger, the Court undid many of the changes wrought by its predecessor. The discussion in Part I of prominent departures from precedent is not offered as decisive proof that stare decisis is less important in federal …


Maintaining Consistency In The Law Of The Large Circuit: The Origins And Operation Of The Ninth Circuit's Limited En Banc Court, Arthur D. Hellman Jan 1990

Maintaining Consistency In The Law Of The Large Circuit: The Origins And Operation Of The Ninth Circuit's Limited En Banc Court, Arthur D. Hellman

Book Chapters

Once again, Congress is considering legislation to divide the largest of the federal judicial circuits, the Ninth Circuit Court of Appeals. The Ninth Circuit extends over nine western states, including California, and it has 29 active judges, almost twice the number of the next-largest circuit. Much of the debate over proposals for restructuring focuses on a feature unique to the Ninth Circuit, the limited en banc court (LEBC). In all of the other circuits, when the court of appeals grants rehearing en banc, the case is heard by all active judges. In the Ninth Circuit, the en banc court is …


European Community Law And The Doctrine Of Legitimate Expectations: How Legitimate, And For Whom, Eleanor Sharpston Jan 1990

European Community Law And The Doctrine Of Legitimate Expectations: How Legitimate, And For Whom, Eleanor Sharpston

Northwestern Journal of International Law & Business

This article aims to provide a fairly succinct, practical analysis of the way in which the Court of Justice of the European Communities (the "supreme court" for all questions of interpretation arising under the EEC, ECSC and Euratom Treaties) has developed one particular fundamental principle of Community law, the doctrine of "legitimate expectations". The emphasis throughout is not only on the exact legal formulation of the doctrine, but also on whether or not the doctrine can be said to match up to expectations that, economically, might be regarded as "legitimate". Before embarking on the substance, it may be useful to …


The Meaning Of Equality And The Interpretive Turn, Robin West Jan 1990

The Meaning Of Equality And The Interpretive Turn, Robin West

Georgetown Law Faculty Publications and Other Works

The turn to hermeneutics and interpretation in contemporary legal theory has contributed at least two central ideas to modern jurisprudential thought: first, that the "meaning" of a text is invariably indeterminate -- what might be called the indeterminacy claim -- and second, that the unavoidably malleable essence of texts -- their essential inessentiality -- entails that interpreting a text is a necessary part of the process of creating the text's meaning. These insights have generated both considerable angst, and considerable excitement among traditional constitutional scholars, primarily because at least on first blush these two claims seem to inescapably imply a …


Retaining The Rule Of Law In A Chevron World, Michael A. Fitts Jan 1990

Retaining The Rule Of Law In A Chevron World, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


A Need For Clarity: Toward A New Standard For Preliminary Injunctions, Lea B. Vaughn Jan 1990

A Need For Clarity: Toward A New Standard For Preliminary Injunctions, Lea B. Vaughn

Articles

This Article examines the various standards for preliminary injunctions and demonstrates the ways in which the standards have become confused by irrelevant layers of meaning. Those layers of meaning are analyzed; nonfunctional accretions are discarded, and legitimate modem meanings are developed. The discussion is conducted against a background of assumptions about what makes a good standard, for example, accessibility and comprehensiveness. By modernizing the standard, the parties and the courts will frankly and openly discuss the underlying legal issues and values. This, in turn, should lead to more legitimate decisions.

Under a modernized standard, a court should redress immediate pretrial …


Edmonson V. Leesville Concrete Company, Inc.: Can The "No State Action" Shibboleth Legitimize The Racist Use Of Peremptory Challenges In Civil Actions, 23 J. Marshall L. Rev. 271 (1990), David Park Jan 1990

Edmonson V. Leesville Concrete Company, Inc.: Can The "No State Action" Shibboleth Legitimize The Racist Use Of Peremptory Challenges In Civil Actions, 23 J. Marshall L. Rev. 271 (1990), David Park

UIC Law Review

No abstract provided.


Stanford V. Kentucky: The Minimum Age For The Maximum Penalty - Death, 23 J. Marshall L. Rev. 453 (1990), Alison R. Faltersack Jan 1990

Stanford V. Kentucky: The Minimum Age For The Maximum Penalty - Death, 23 J. Marshall L. Rev. 453 (1990), Alison R. Faltersack

UIC Law Review

No abstract provided.