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Articles 1 - 20 of 20

Full-Text Articles in Law

International Law As Law, Law As A System Of Rule-Governed Conduct, John Lawrence Hargrove Jan 2011

International Law As Law, Law As A System Of Rule-Governed Conduct, John Lawrence Hargrove

Villanova Law Review

The article discusses international law and systems of rule-governed conduct as of July 2011, focusing on the roles of claimants and recalcitrants in a legal system, as well as the international law mechanisms for developing additional rules within a legal system. The views of philosopher John Locke regarding the law are examined, including his idea of a common judge.


“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether Jun 2008

“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether

Working Paper Series

This Article, a contribution to the Cardozo Law Review symposium in honor of Alain Badiou’s Being and Event, uses Badiou’s theorizing of the event and of the militant in Being and Event as a basis for an exploration of problems of judicial ontology and constitutional hermeneutics raised in recent decisions by common law courts dealing with the legislative and executive confinement of “Islamic” asylum seekers, “enemy combatants” and “terrorism suspects,” and certain classes of criminal offenders in spaces beyond the doctrines, paradigms and institutions of the criminal law. The Article proposes an ontology and a poetics of judging ...


Locating Authority In Law, And Avoiding The Authoritarianism Of 'Textualism', Patrick Mckinley Brennan Oct 2007

Locating Authority In Law, And Avoiding The Authoritarianism Of 'Textualism', Patrick Mckinley Brennan

Working Paper Series

Much modern jurisprudence attempts to move the locus of authority away from people with authority in order to locate it instead, for example, in rules or texts. This article argues that authority, wherever it exists, is a quality of the actions of persons. The article mounts this argument by showing how Justice Scalia's textualism is the legal analogue of a largely discredited form of "Christian positivism," one that leads to a form of authoritarianism. The article goes on to argue that authorianism can be avoided only by individuals' and their communities' becoming authoritative, including in the making and enforcement ...


What Is The Role Of The Judge In Our Litigious Society, Marjorie O. Rendell Jan 1995

What Is The Role Of The Judge In Our Litigious Society, Marjorie O. Rendell

Villanova Law Review

No abstract provided.


The Hazards Of Proposals To Limit The Tenure Of Federal Judges And To Permit Judicial Removal Without Impeachment, William G. Ross Jan 1990

The Hazards Of Proposals To Limit The Tenure Of Federal Judges And To Permit Judicial Removal Without Impeachment, William G. Ross

Villanova Law Review

No abstract provided.


The Judge's Role In Fostering Voluntary Settlements, Thomas D. Lambros Jan 1983

The Judge's Role In Fostering Voluntary Settlements, Thomas D. Lambros

Villanova Law Review

No abstract provided.


Judicial Selection In Pennsylvania: A Proposal, Bruce W. Kauffman Jan 1982

Judicial Selection In Pennsylvania: A Proposal, Bruce W. Kauffman

Villanova Law Review

No abstract provided.


Pennsylvania's Developing Child Custody Law, Emanuel A. Bertin, Vanessa Anthony Klein Jan 1980

Pennsylvania's Developing Child Custody Law, Emanuel A. Bertin, Vanessa Anthony Klein

Villanova Law Review

No abstract provided.


A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter Jan 1978

A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter

Villanova Law Review

No abstract provided.


The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner Jan 1977

The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner

Villanova Law Review

No abstract provided.


Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon Jan 1974

Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon

Villanova Law Review

No abstract provided.


The Black Philadelphia Lawyer, Charles L. Mitchell Jan 1974

The Black Philadelphia Lawyer, Charles L. Mitchell

Villanova Law Review

No abstract provided.


Another Look At Press Coverage Of The Supreme Court, Everette E. Dennis Jan 1974

Another Look At Press Coverage Of The Supreme Court, Everette E. Dennis

Villanova Law Review

No abstract provided.


The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby Jan 1973

The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby

Villanova Law Review

No abstract provided.


Social Crisis And The Lawyer And Law Student: An Essential Meeting, Samuel J. Roberts Jan 1969

Social Crisis And The Lawyer And Law Student: An Essential Meeting, Samuel J. Roberts

Villanova Law Review

No abstract provided.


Mr. Justice Cardozo And The New Deal: An Appraisal, David N. Atkinson Jan 1969

Mr. Justice Cardozo And The New Deal: An Appraisal, David N. Atkinson

Villanova Law Review

No abstract provided.


In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh Jan 1967

In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh

Villanova Law Review

No abstract provided.


Judicial Reform In Pennsylvania, Mercer D. Tate Jan 1965

Judicial Reform In Pennsylvania, Mercer D. Tate

Villanova Law Review

No abstract provided.


Power To Comment On The Issue Of Guilt: Trial By Jury Or Trial By Judge, Thomas F. Schilpp Jan 1964

Power To Comment On The Issue Of Guilt: Trial By Jury Or Trial By Judge, Thomas F. Schilpp

Villanova Law Review

No abstract provided.


The Judges Of The Court Of Justice Of The European Communities, Werner Feld Jan 1963

The Judges Of The Court Of Justice Of The European Communities, Werner Feld

Villanova Law Review

No abstract provided.