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Articles 1 - 23 of 23
Full-Text Articles in Law
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala
Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Thinking Like A Lawyer, Jeffrey C. Tuomala
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan
A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan
Felice J Batlan
Passion And Nation: War, Crime, And Guilt In The Individual And The Collective, Steve Sheppard
Passion And Nation: War, Crime, And Guilt In The Individual And The Collective, Steve Sheppard
Steve Sheppard
Riffing off of George Fletcher's theory of Romanticism and war, the article reviews Fletcher's arguments, which received derisive reviews during the War against Iraq in 2003. The article takes Fletcher's approach seriously in considering the problem of war as a Romantic impulse, and the difficulties caused by that understanding. The article then derives arguments on the limits of the laws of war to apply to military actions against terrorism. The article considers the nature of collective guilt as a mitigating element in the crimes of one individual, and it considers the nature of non-state enemies in war. This last point …
The Metamorphoses Of Reasonable Doubt: How Changes In The Burden Of Proof Have Weakened The Presumption Of Innocence, Steve Sheppard
The Metamorphoses Of Reasonable Doubt: How Changes In The Burden Of Proof Have Weakened The Presumption Of Innocence, Steve Sheppard
Steve Sheppard
The standard of proof beyond a reasonable doubt is commonly thought to be an important benefit to the accused. The history of the standard is much more complex and demonstrates lesser commitments to the truth and to the defendant.
This article develops the history of the reasonable doubt instruction in the United States and its English antecedents. Examining the development of the instruction in the seventeenth and eighteenth centuries and its evolution through the nineteenth and twentieth, this history reveals the dual nature of the instruction. It both encapsulated a theory of knowledge and articulated a level of confidence in …
Israelische Rechtsgeschichte: Vergangenheit Und Gegenwart, Assaf Likhovski, Ron Harris, Alexandre Kedar, Pnina Lahav
Israelische Rechtsgeschichte: Vergangenheit Und Gegenwart, Assaf Likhovski, Ron Harris, Alexandre Kedar, Pnina Lahav
Assaf Likhovski
No abstract provided.
The Enumerated Powers Of States, Robert G. Natelson
The Enumerated Powers Of States, Robert G. Natelson
Robert G. Natelson
This article lists and discusses the powers reserved exclusively to the states, according the representations made to the ratifying public during the debates over the U.S. Constitution.
The Constitutional Contributions Of John Dickinson, Robert G. Natelson
The Constitutional Contributions Of John Dickinson, Robert G. Natelson
Robert G. Natelson
This article reviews the impact on the drafting and adoption of the U.S. Constitution of the man sometimes referred to as the most underappreciated Founder
Statutory Retroactivity: The Founders' View, Robert G. Natelson
Statutory Retroactivity: The Founders' View, Robert G. Natelson
Robert G. Natelson
The article explains the extent to which the Founders' Constitution permitted and prohibited retroactive legislation, and the provisions in that document relevant to the question.
A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson
A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson
Robert G. Natelson
Nearly all participants in the American Founding shared constitutiona/ values of "sympathy" and "independence." According to the ideal of sympathy, government actors should mirror the full range of popular attitudes. According to the ideal of independence, voters should remain independent of other citizens and of governmental entities, and those entities should remain independent of, and competitive with, each other. Sympathy and independence were central, not peripheral, to the Founders' Constitution, so the document cannot be interpreted properly without keeping them in view. The author provides examples of how constitutional practice might be altered had these central values not been overlooked.
Para Una Historia De La Jurisdicción Mercantil En México: El Decreto De Organización De Las Juntas De Fomento Y Tribunales Mercantiles De 1841, Óscar Cruz
Óscar Cruz Barney
No abstract provided.
Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer
Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer
Nancy J. Knauer
This Article contends that the current debate over gay civil rights is, at base, a dispute over the nature of same-sex desire. Pro-gay forces advocate an ethnic or identity model of homosexuality based on the conviction that sexual orientation is an immutable, unchosen, and benign characteristic. The assertion that, in essence, gays are "born that way," has produced a gay political narrative that rests on claims of shared identity (i.e., homosexuals are a blameless minority) and arguments of equivalence (i.e., as a blameless minority, homosexuals deserve equal treatment and protection against discrimination). The pro-family counter-narrative is based on a behavioral …
Two Conceptions Of Relevance, Jonathan Yovel
Two Conceptions Of Relevance, Jonathan Yovel
Jonathan Yovel
Courts use complex modes of relevance judgments in regulating the introduction of information and construction of factual narratives; likewise, common law works both through and around relevance presuppositions in determining doctrine. This study examines different functions of relevance - conceived as different conceptions, at times competing, at times interdependent. The distinctions between these conceptions are arranged on three levels: 1) a normative/"causal" level, arguing for the status of relevance as a requirement for a "meaning-based" conception of entailment and drawing on discussions from relevance logic (RL) and modal logic; 2) a pragmatic/metapragmatic level that explores the ways in which law's …
Bibliography Of Legal History Articles Appearing In Law Library Journal, Volumes 1-94 (1908-2002), Joel Fishman, Adrienne Adan, Laura Bedard, Christopher Knott, Nancy Mcmurrer, Nancy Poehlmann, Margaret Schilt
Bibliography Of Legal History Articles Appearing In Law Library Journal, Volumes 1-94 (1908-2002), Joel Fishman, Adrienne Adan, Laura Bedard, Christopher Knott, Nancy Mcmurrer, Nancy Poehlmann, Margaret Schilt
Joel Fishman
This article provides an annotated listing of all legal history articles published in Law Library Journal from 1906-2002
¿Sirve La Discusión De Casos En Las Aulas Para La Formación Jurídica?, Jorge Carlos Adame
¿Sirve La Discusión De Casos En Las Aulas Para La Formación Jurídica?, Jorge Carlos Adame
Jorge Adame Goddard
No abstract provided.
Scared Silly: How To Push Past Students' Fear And Grade Pressure To Real Learning, Kari Johnson
Scared Silly: How To Push Past Students' Fear And Grade Pressure To Real Learning, Kari Johnson
Kari L. Aamot Johnson
No abstract provided.
The Secession Reference And The Limits Of Law, Richard Kay
The Secession Reference And The Limits Of Law, Richard Kay
Richard Kay
When the Supreme Court of Canada issued its judgment on the legality of "unilateral" Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a "victory for all …
The End Of A Natural Monopoly: Deregulation And Competition In The Electric Power Industry, Daniel Cole, Peter Grossman
The End Of A Natural Monopoly: Deregulation And Competition In The Electric Power Industry, Daniel Cole, Peter Grossman
Peter Z. Grossman
Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the book or borrow it from a local library.
The Legal History Of The Twentieth Century, Daniel R. Coquillette
The Legal History Of The Twentieth Century, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan
Donald J. Kochan
In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …
How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle
How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle
Susan D. Carle