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Articles 1 - 18 of 18
Full-Text Articles in Law
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Articles
No abstract provided.
On Critical Legal Studies As Guerilla Warfare, Guyora Binder
On Critical Legal Studies As Guerilla Warfare, Guyora Binder
Journal Articles
This sardonic 1987 essay defended Critical Legal Studies (CLS) against alarmist attacks from the right, claiming that CLS was dangerously subversive of the rule of law, and seemingly contradictory attacks from the left dismissing CLS as empty theorizing lacking any practical implications for reform. The essay responded that while CLS lacked proposals for legislative reform, it favored a highly participatory process of reform, drawn from experience in the student movements of the 1960’s. It distrusted state power and bureaucracy as engines of change, and favored community organization, civil society, and popular mobilization.
The Strange Cases Of Alberta's Guarantees Acknowledgement Act A Study Of Choice-Of-Law Method, Vaughan Black
The Strange Cases Of Alberta's Guarantees Acknowledgement Act A Study Of Choice-Of-Law Method, Vaughan Black
Dalhousie Law Journal
Fifty years ago John Willis wrote Two Approaches to the Conflict of Laws: A Comparative Study of the English Law and the Restatement of the American Law Institute. There he described two different - perhaps even opposed - conceptions of the problem posed by cases involving geographically complex facts. It is a goal of this article to assess the status and the vices and virtues of those two approaches in Canada today. Such a task is not a mere updating of Willis' piece, though that alone might be a useful exercise. In the first place, Willis' analysis takes place largely …
Twisting The Tourniquet Around The Pulse Of Conventional Legal Wisdom: Jurisprudence And Law Reform In The Work Of Robert A. Samek, Richard F. Devlin
Twisting The Tourniquet Around The Pulse Of Conventional Legal Wisdom: Jurisprudence And Law Reform In The Work Of Robert A. Samek, Richard F. Devlin
Dalhousie Law Journal
The name Robert Samek first came to my attention in the summer of 1985 as part of a research project carried out under the auspices of the Law Reform Commission of Canada. I was struck by what at the time seemed to be a complete contrast in two of his publications; his book, The Legal Point of View and an article, "A Case for Social Law Reform". Although only a few years apart, it seemed impossible that the two works could have come from the pen of the same author: the former was traditional, opaque, dull, pedantic and repetitive; the …
Disclosing Tilt: A Partial Defense Of Critical Legal Studies And A Comparative Introduction To The Philosophy Of The Law-Idea, David Caudill
Disclosing Tilt: A Partial Defense Of Critical Legal Studies And A Comparative Introduction To The Philosophy Of The Law-Idea, David Caudill
David S Caudill
No abstract provided.
Alaska’S Insanity Defense And The Guilty But Mentally Ill Verdict, Suzan E. Debusk
Alaska’S Insanity Defense And The Guilty But Mentally Ill Verdict, Suzan E. Debusk
Alaska Law Review
No abstract provided.
Independent Professional Power And The Search For A Legal Ideology With A Progressive Bite, Bryant G. Garth
Independent Professional Power And The Search For A Legal Ideology With A Progressive Bite, Bryant G. Garth
Indiana Law Journal
No abstract provided.
The Costs Of Complexity, Stephen B. Burbank
The Costs Of Complexity, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Resurrection Of The Ultimate Issue Rule Federal Rule Of Evidence 704 (B) And The Insanity Defense , Anne Lawson Braswell
Resurrection Of The Ultimate Issue Rule Federal Rule Of Evidence 704 (B) And The Insanity Defense , Anne Lawson Braswell
Cornell Law Review
No abstract provided.
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Faculty Publications
No abstract provided.
On Reason And Authority In Law's Empire, John M. Finnis
On Reason And Authority In Law's Empire, John M. Finnis
Journal Articles
Law's Empire will shape jurisprudence by its admirably resourceful attention to understanding a community's law "internally". It promotes reflective understanding of the practical argumentation constitutive of the attitude(s) in which that law subsists. But the book neglects some of practical understanding's resources of political and moral theory, and overestimates practical reasoning's power to identify options as the best and the right)
A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky
A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Thoughts On Borrowing Federal Securities Jurisprudence Under The Uniform Securities Act, Martin C. Mcwilliams Jr.
Thoughts On Borrowing Federal Securities Jurisprudence Under The Uniform Securities Act, Martin C. Mcwilliams Jr.
South Carolina Law Review
No abstract provided.
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Publications
No abstract provided.
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Faculty Publications
No abstract provided.
The Use Of Evolution Theory In Law, M. B. W. Sinclair
The Use Of Evolution Theory In Law, M. B. W. Sinclair
Articles by Maurer Faculty
No abstract provided.
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Dalhousie Law Journal
There is no doubt that in the days of procedural refinements, arbitrary distinctions and uncertainty as to the purpose of judicial review, the subject was exceedingly complicated and unnecessarily subtle. With the new dominance of relatively simple concepts, and more obvious policy goals, we may reduce the subject to a wholesome simplicity, so that both the government and the citizens can know and understand their rights. To do so, we have to consider the fundamental concepts one by one, and then apply them to recent jurisprudence and to the policy of modern administrative law.
A Legal Theory Of Revolutions, Ali Khan
A Legal Theory Of Revolutions, Ali Khan
Ali Khan
A legal theory of revolutions presents the principle of social approval. In order to determine the legitimacy of a revolution in the legal sense, the principle of social approval focuses upon the critical significance of succession rules. The normative statement that a legislator has the right to make laws presupposes the existence of the rule, in the social group, under which he has this right. This rule is the succession rule. A revolution occurs when a person usurps power in violation of the existing succession rules. The revolution is lawful if new succession rules given by the usurper enjoy social …