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Articles 31 - 60 of 151
Full-Text Articles in Law
Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin
Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin
All Faculty Scholarship
No abstract provided.
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
Articles
Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …
Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider
Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker
Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker
American University Law Review
No abstract provided.
Supreme Court Rule 219: The Consequences Of Refusal To Comply With Rules Or Orders Relating To Discovery Or Pretrial Conferences, Leonard E. Gross
Supreme Court Rule 219: The Consequences Of Refusal To Comply With Rules Or Orders Relating To Discovery Or Pretrial Conferences, Leonard E. Gross
Loyola University Chicago Law Journal
No abstract provided.
Is There Consortium Before Birth? Expanding The Availability Of Loss Of Social Damages In Wrongful Death Actions, Harry Poulos
Is There Consortium Before Birth? Expanding The Availability Of Loss Of Social Damages In Wrongful Death Actions, Harry Poulos
Loyola University Chicago Law Journal
No abstract provided.
Developing A Tribal Common Law Jurisprudence: The Navajo Experience 1969-1992, Daniel L. Lowery
Developing A Tribal Common Law Jurisprudence: The Navajo Experience 1969-1992, Daniel L. Lowery
American Indian Law Review
No abstract provided.
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
An Essay On Private Remedies, Emily Sherwin
An Essay On Private Remedies, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
The Supreme Court As The Cheshire Cat: Escaping The Section 1983 Wonderland, Jose R. "Beto" Juarez
The Supreme Court As The Cheshire Cat: Escaping The Section 1983 Wonderland, Jose R. "Beto" Juarez
Faculty Scholarship
No abstract provided.
The Paradox Of Ideology, Justin Schwartz
The Paradox Of Ideology, Justin Schwartz
Justin Schwartz
A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …
Functional Explanation And Metaphysical Individualism, Justin Schwartz
Functional Explanation And Metaphysical Individualism, Justin Schwartz
Justin Schwartz
A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
Publications
No abstract provided.
Silence And The Word, Paul Campos
How To Do Things With The First Amendment, Pierre Schlag
How To Do Things With The First Amendment, Pierre Schlag
Publications
No abstract provided.
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Publications
No abstract provided.
Juries, Judges And Democracy, (Reviewing Shannon C. Stimson, The American Revolution In The Law: Anglo-American Jurisprudence Before John Marshall (1990)), David K. Millon
Scholarly Articles
None available.
The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman
The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman
American University Law Review
No abstract provided.
Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay
Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay
American University Law Review
No abstract provided.
On First Considering Whether Law Binds, Rex J. Zedalis
On First Considering Whether Law Binds, Rex J. Zedalis
Indiana Law Journal
No abstract provided.
Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three-Pronged Test?, Thomas A. Schweitzer
Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three-Pronged Test?, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith
Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith
Law Faculty Publications
No abstract provided.
Judicial Review Of Defensive Tactics In Proxy Contests: When Is Using A Rights Plan Right?, Randall Thomas
Judicial Review Of Defensive Tactics In Proxy Contests: When Is Using A Rights Plan Right?, Randall Thomas
Vanderbilt Law School Faculty Publications
Proxy contests1 have reemerged recently as an important part of the market for corporate control. After years of indifference to corpo- rate elections, dissident shareholders have turned once again to the bal- lot box as a means of removing unwanted management. In a surprisingly large number of these battles, the challengers have succeeded in getting all or much of what they wanted." The resurgence of proxy contests has sparked renewed interest by incumbent managements in developing powerful new defensive tactics in corporate elections. Incumbents' time-honored campaign strategies, such as switching the annual shareholders' meeting date, or restricting the potential candidates …
The Cause, Effect And Constitutional Consequence Of Unequal Funding: Public Education In Illinois, 26 J. Marshall L. Rev. 399 (1993), John F. Watson
The Cause, Effect And Constitutional Consequence Of Unequal Funding: Public Education In Illinois, 26 J. Marshall L. Rev. 399 (1993), John F. Watson
UIC Law Review
No abstract provided.
The Material Basis Of Jurisprudence, Richard A. Posner
The Material Basis Of Jurisprudence, Richard A. Posner
Indiana Law Journal
No abstract provided.
Social Restraint Or Implicit Collusion?: Toward A Game Theoretic Analysis Of Stare Decisis, Erin O'Hara O'Connor
Social Restraint Or Implicit Collusion?: Toward A Game Theoretic Analysis Of Stare Decisis, Erin O'Hara O'Connor
Scholarly Publications
No abstract provided.
Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos
Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos
Seattle University Law Review
Because of the documented threat that racial and gender bias pose to the effective administration of justice in Washington, this Comment advocates amending the Washington Rules of Professional Conduct to explicitly make intentional gender and racial bias an act of attorney misconduct and to discipline any attorney who engages in such behavior. Section I of this Comment identifies and describes instances of attorney behavior that result in gender and racial bias and explains the impact of such bias on attorneys, clients, and the judicial system. Section II explores similar anti-bias rules proposed or in place in other states. Section III …
That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos
That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos
Publications
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel