Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

Full-Text Articles in Law

Is Fraudulent Conveyance Law Efficient?, David G. Carlson Dec 1987

Is Fraudulent Conveyance Law Efficient?, David G. Carlson

Articles

No abstract provided.


On Critical Legal Studies As Guerilla Warfare, Guyora Binder Oct 1987

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 Sep 1987

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 Sep 1987

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 Jul 1987

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 Jun 1987

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 Apr 1987

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 Apr 1987

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 Mar 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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. Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Dec 1986

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 …