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Articles 1 - 13 of 13
Full-Text Articles in Law
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
University of Miami Law Review
Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.
How Courts Govern America, H. John Rogers
How Courts Govern America, H. John Rogers
West Virginia Law Review
No abstract provided.
Capturing Fiduciary Obligation: Shepherd's Law Of Fiduciaries, Arthur J. Jacobson
Capturing Fiduciary Obligation: Shepherd's Law Of Fiduciaries, Arthur J. Jacobson
Articles
No abstract provided.
What 'Counts' As Law?, Anthony D'Amato
What 'Counts' As Law?, Anthony D'Amato
Faculty Working Papers
A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …
Hugo Lafayette Black And John Harlan - Two Faces Of Constitutional Law With Some Notes On Teaching Of Thayer's Subject, O. W. Wollensak, Paul R. Baier
Hugo Lafayette Black And John Harlan - Two Faces Of Constitutional Law With Some Notes On Teaching Of Thayer's Subject, O. W. Wollensak, Paul R. Baier
Journal Articles
No abstract provided.
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Publications
No abstract provided.
Notes On A Grand Illusion: Some Limits On The Use Of Bayesian Theory In Evidence Law, Craig R. Callen
Notes On A Grand Illusion: Some Limits On The Use Of Bayesian Theory In Evidence Law, Craig R. Callen
Indiana Law Journal
No abstract provided.
Human Rights Within The World Legal Order: A Reply To Sohn And Mcdougal, Eric Lane
Human Rights Within The World Legal Order: A Reply To Sohn And Mcdougal, Eric Lane
Hofstra Law Review
Professor Sohn is the quintessential charterist. He views the world legal order, at least as it pertains to human rights, as being a centralized structure with the United Nations Charter as its base. "The Charter is the cornerstone of international jus cogens, and its provisions prevail over all other international and domestic legislative acts." According to Sohn, the Charter creates a variety of human rights norms and authorizes their implementation and enforcement through various United Nations organs: "These provisions express clearly the obligations of all members and the powers of the organization in the field of human rights. While the …
The Integrity Of Holmes' Jurisprudence, G. Edward White
The Integrity Of Holmes' Jurisprudence, G. Edward White
Hofstra Law Review
No abstract provided.
Holmes A Hundred Years Ago: The Common Law And Legal Theory, Saul Touster
Holmes A Hundred Years Ago: The Common Law And Legal Theory, Saul Touster
Hofstra Law Review
No abstract provided.
Holmes' Common Law As Legal And Social Science, Robert W. Gordon
Holmes' Common Law As Legal And Social Science, Robert W. Gordon
Hofstra Law Review
No abstract provided.
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Establishment Clause Standing: The Not Very Revolutionary Decision At Valley Forge, William P. Marshall, Maripat Flood
Establishment Clause Standing: The Not Very Revolutionary Decision At Valley Forge, William P. Marshall, Maripat Flood
Faculty Publications
No abstract provided.