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Articles 1 - 7 of 7
Full-Text Articles in Law
Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy
Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy
Law Faculty Scholarly Articles
Interpretive methodology lies at the core of the Supreme Court's persistent modern debate about statutory interpretation. Supreme Court Justices have applied two fundamentally different methods of interpretation. One is the formalist method, which seeks to promote rule-of-law values and purports to constrain the discretion of judges by limiting them to the autonomous legal text. The second is the nonformalist or antiformalist method, which may consider the legislature's intent or purpose or other evidence as context for understanding the statutory text. The debate within the current Court is commonly framed and advanced by Justices Stevens and Scalia. Justice Scalia is now …
Purpose, Belief, And Recklessness: Pruning The "Restatement" (Third)'S Definition Of Intent, Anthony J. Sebok
Purpose, Belief, And Recklessness: Pruning The "Restatement" (Third)'S Definition Of Intent, Anthony J. Sebok
Vanderbilt Law Review
The concept of intent has always been at the root of some of tort law's most basic categories. The primitive action for trespass, for example, assumed that, at the very least, the trespasser intended to perform the act that resulted in the touching about which the plaintiff complains; a man thrown into another's close is not a trespasser. After the development of the modern categories of tort law, trespass helped form the foundation of the category of intentional torts. Sometimes, though, the very fact that a great deal of effort is required to do something is evidence of controversy or …
Reinventing The “Legislative Intent, Or Rather The Legislative Mandate” On Dram Shop Liability In Missouri: A Look At Kilmer V. Mun, Michael L. Young
Reinventing The “Legislative Intent, Or Rather The Legislative Mandate” On Dram Shop Liability In Missouri: A Look At Kilmer V. Mun, Michael L. Young
Saint Louis University Law Journal
No abstract provided.
The Sec's Regulation Fd, Richard L. Anderson, David Becker, Harvey L. Goldschmid, Eric D. Roiter, Susan E. Wolf, Alex Zisson, Jill E. Fisch
The Sec's Regulation Fd, Richard L. Anderson, David Becker, Harvey L. Goldschmid, Eric D. Roiter, Susan E. Wolf, Alex Zisson, Jill E. Fisch
Fordham Journal of Corporate & Financial Law
No abstract provided.
Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica
Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica
Fordham Journal of Corporate & Financial Law
No abstract provided.
Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr
Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr
Michigan Journal of Race and Law
Part I of this essay sets out in detail the direct measures affirmative action program. This section also compares the program to other alternative affirmative action program experiments undertaken by various educational institutions. Parts II and III discuss the constitutionality of a direct measures program.
'Bush' V. 'Gore': What Was The Supreme Court Thinking?, Richard D. Friedman
'Bush' V. 'Gore': What Was The Supreme Court Thinking?, Richard D. Friedman
Articles
One of the most astonishing episodes in American political history ended last month with perhaps the most imperial decision ever by the United States Supreme Court. In one stroke, the Court exercised power that belonged to Congress, the legislature of Florida, Florida's courts and administrators, and, most importantly, the people of the state.