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1991

Jurisprudence

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Articles 1 - 30 of 107

Full-Text Articles in Law

Tribe's Judicious Feminism, Anita L. Allen Nov 1991

Tribe's Judicious Feminism, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Lochner Era Jurisprudence And The American Constitutional Tradition, Stephen Siegel Oct 1991

Lochner Era Jurisprudence And The American Constitutional Tradition, Stephen Siegel

Stephen Siegel

No abstract provided.


Paradox And Pandora's Box: The Tragedy Of Current Right-To-Die Jurisprudence, Cathaleen A. Roach Oct 1991

Paradox And Pandora's Box: The Tragedy Of Current Right-To-Die Jurisprudence, Cathaleen A. Roach

University of Michigan Journal of Law Reform

Part I of this Article examines the trilogy of recent right-to-die cases and contrasts the results of those cases with recent national opinion polls and statistical surveys of the issue. Part II examines federal and state legislative responses to the debate. It suggests that both the courts and legislatures are out of sync with an emerging national consensus on the death-with- dignity debate. In fact, the federal legislative response may only exacerbate the problem. Instead of creating new rights, it feeds individuals into the existing state network, which is a quagmire of confusing and inequitable statutory provisions. Part III examines ...


What's Left?, Guyora Binder Jul 1991

What's Left?, Guyora Binder

Journal Articles

Addressing the future of radical politics at the end of the cold war, this article offers a reconstruction of radical theory around the goal of enabling collaborative self-realization through participatory democratic politics. It offers an interpretation of the radical tradition as defined by a view of human nature as a cultural artifact, and a conception of liberation as the self-conscious transformation of human nature. It proceeds to critique radical theory’s traditional focus on revolution as the means of radical transformation. Distinguishing instrumental and self-expressive conceptions of transformation it critiques revolutionary processes as tending to reproduce instrumental culture. It offers ...


"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon Jul 1991

"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon

Law Faculty Articles and Essays

The authors provide varying opinions on the Second Amendment.


Judge Richard Posner's Jurisprudence, Robert S. Summers May 1991

Judge Richard Posner's Jurisprudence, Robert S. Summers

Michigan Law Review

A Review of The Problems of Jurisprudence by Richard A. Posner


Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen May 1991

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory ...


The World In Our Courts, Stephen B. Burbank May 1991

The World In Our Courts, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Therapeutic Jurisprudence As A New Approach To Mental Health Law Policy Analysis And Research, David B. Wexler, Bruce J. Winick May 1991

Therapeutic Jurisprudence As A New Approach To Mental Health Law Policy Analysis And Research, David B. Wexler, Bruce J. Winick

University of Miami Law Review

No abstract provided.


Not So Cold An Eye: Richard Posner's Pragmatism, Jason S. Johnston Apr 1991

Not So Cold An Eye: Richard Posner's Pragmatism, Jason S. Johnston

Vanderbilt Law Review

Over the past twenty odd years, Judge Richard Posner has established himself as one of the most creative and influential thinkers in the history of American law. His work divides into two parts: the prejudicial corpus, which is devoted almost entirely to the comprehensive economic analysis of law,' and the postjudicial corpus, which treats issues involving what may be called the theory of judging and courts--that is, the normative theory of how judges should decide cases and how courts should be organized. This division is rough and wavering, for Posner's work prior to his appointment to the federal bench ...


Authoritarianism And The Rule Of Law, Lynne Henderson Apr 1991

Authoritarianism And The Rule Of Law, Lynne Henderson

Indiana Law Journal

No abstract provided.


The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall Apr 1991

The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall

Indiana Law Journal

No abstract provided.


Inconsistent Judgments, John C. Mccoid, Ii Mar 1991

Inconsistent Judgments, John C. Mccoid, Ii

Washington and Lee Law Review

No abstract provided.


Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein Mar 1991

Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein

University of Miami Law Review

No abstract provided.


Harnessing The Power Of The Bet: Wagering With The Government As A Mechanism For Social And Individual Change, Bruce J. Winick Mar 1991

Harnessing The Power Of The Bet: Wagering With The Government As A Mechanism For Social And Individual Change, Bruce J. Winick

University of Miami Law Review

No abstract provided.


The Schism Between Minorities And The Critical Legal Studies Movement: Requiem For A Heavyweight?, John Hardwick Jan 1991

The Schism Between Minorities And The Critical Legal Studies Movement: Requiem For A Heavyweight?, John Hardwick

Boston College Third World Law Journal

No abstract provided.


The Modern Schools Of Jurisprudence And Standing To Sue The Government For Failure To Act Against A Third Party: Dissecting Allen V. Wright, Mark D. Robins Jan 1991

The Modern Schools Of Jurisprudence And Standing To Sue The Government For Failure To Act Against A Third Party: Dissecting Allen V. Wright, Mark D. Robins

Boston College Third World Law Journal

No abstract provided.


Stances, Pierre Schlag Jan 1991

Stances, Pierre Schlag

Articles

No abstract provided.


Generosity: A Duty Without A Right, Richard Stith Jan 1991

Generosity: A Duty Without A Right, Richard Stith

Law Faculty Publications

The rhetoric of rights permeates and dominates the American legal thought today. Even ethics is often considered to involve fundamentally a mutual respect for "moral rights." Understanding human rights is taken to be a sufficient condition for knowing how we do and should order our life together.


Will There Be A Science Of Law In The Twenty-First Century?, Richard Stith Jan 1991

Will There Be A Science Of Law In The Twenty-First Century?, Richard Stith

Law Faculty Publications

The skepticism of the American Legal Realists and their heirs threatens to make a politically neutral science of law impossible and thus to undermine the liberal polity which needs such a science. Ronald Dworkin attempts to refute the skeptics and defend both legal theory and liberalism. However, the author points out, Dworkin and liberalism are themselves skeptics when it comes to moral principles, and, therefore, they cannot wholly escape from similar skepticism with regard to legal principles. Both Anglo-American and Continental legal history are examined in the course of these arguments.


Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson Jan 1991

Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson

Articles

The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So ...


The Canons Of Construction In Georgia: "Anachronisms" In Action, R. Perry Sentell Jr. Jan 1991

The Canons Of Construction In Georgia: "Anachronisms" In Action, R. Perry Sentell Jr.

Scholarly Works

Two initial observations may be tendered concerning the canons of interpretations: The literature, almost uniformly, discredits them; the courts, almost uniformly, employ them. The purpose of this effort is to reflect some sense of background, and illustratively to marshal the Georgia experiences with what are perhaps the three most famous canons of interpretation.


Foreword: Postmodernism And Law, Pierre Schlag Jan 1991

Foreword: Postmodernism And Law, Pierre Schlag

Articles

No abstract provided.


Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey Jan 1991

Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1991

Double Jeopardy

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Separation Of Powers Jan 1991

Separation Of Powers

Touro Law Review

No abstract provided.


Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green Jan 1991

Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green

Reviews

David Lieberman's lucid and sure-footed reinterpretationof late-eighteenth and early-nineteenth-century jurisprudence is original, thoughtful, analytically acute, and a pleasure to read. Lieberman argues that Bentham's law reform ideas must be viewed in relation to earlier (and contemporary) reform traditions. Bentham's views were more complex than the long-held myth would have it, partly because they were more derivative, at least in his early enterprises, combining as they did a reception of earlier notions with the novelty for which he is usually credited. Blackstone and Mansfield, on this account, were not the match stick figures they are sometimes made out ...


"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers Jan 1991

"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers

Law Faculty Scholarly Articles

Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the ...