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Articles 1351 - 1380 of 2134
Full-Text Articles in Law
Foreword: Is Justice Just Us?, Christopher Slobogin
Foreword: Is Justice Just Us?, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This is a review of JUSTICE, LIABILITY AND BLAME, by Paul Robinson and John Darley. The book is a summary of 18 studies which surveyed lay subjects about their attitudes toward various aspects of criminal law doctrine, including the act requirement for attempt, omission liability, accomplice liability, the felony-murder role, and the intoxication and insanity defenses. In virtually every study, the authors found that the subjects disagreed with the Model Penal Code's position, the common law's position, or both. The authors contend that results of surveys such as theirs should play a significant role in designing criminal doctrine, both because …
Marshalling Principles From The Marshall Morass, Leonard Rotman
Marshalling Principles From The Marshall Morass, Leonard Rotman
Dalhousie Law Journal
The Marshall case is the latest in a long series of Supreme Court of Canada decisions concerned with the interpretation of treaties between the Crown and aboriginal peoples in Canada. While the majority and minority judgments agreed on the principles of treaty interpretation to be applied in the case, the significant divergence in opinion between the majority and minority decisions provides important commentary on the differences between articulating and applying these principles. The Marshall case is also noteworthy for the manner in which it addresses similarities and differences pertaining to aboriginal and treaty rights. Because of these various traits, the …
The Dead End Of Deterrence, And Beyond, Kyron J. Huigens
The Dead End Of Deterrence, And Beyond, Kyron J. Huigens
Articles
No abstract provided.
Evolutionary Statutory Interpretation: Mr. Justice Scalia Meets Darwin, Jeffrey G. Miller
Evolutionary Statutory Interpretation: Mr. Justice Scalia Meets Darwin, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This paper examines the seeming contrast between the legal doctrines that the interpretation of statutes can evolve over time and that the interpretation of statutes must be grounded only in their texts, which never change unless amended by Congress. That examination is illuminated by complexity and meme theories. The examination is concluded by applying both doctrines and theories to the question of whether the term “navigable water” in a water pollution control statute includes underground water.
What Is Morality Anyway, Michael J. Perry
What Is Morality Anyway, Michael J. Perry
Villanova Law Review (1956 - )
No abstract provided.
Regret And Contract "Science", Peter A. Alces
Regret And Contract "Science", Peter A. Alces
Faculty Publications
No abstract provided.
Standing For Protection Of Collective Rights In The European Communities, Alison Peck
Standing For Protection Of Collective Rights In The European Communities, Alison Peck
Law Faculty Scholarship
No abstract provided.
The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya
The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya
Publications
No abstract provided.
Ten Years Of Randomized Jurisprudence: Amending The Special Needs Doctrine, Robert D. Dodson
Ten Years Of Randomized Jurisprudence: Amending The Special Needs Doctrine, Robert D. Dodson
South Carolina Law Review
No abstract provided.
The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson
The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman
Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman
Journal Articles
This Article attempts a reconceptualization of developments in Commerce Clause jurisprudence between the Civil War and World War II by identifying ways in which that jurisprudence was structurally related to and accordingly deeply influenced by the categories of substantive due process and dormant Commerce Clause doctrine. Antecedent dormant Commerce Clause jurisprudence set the terms within which Commerce Clause doctrine was worked out; coordinate developments in substantive due process doctrine set limits upon the scope of Commerce Clause formulations and thus played a critical and underappreciated role in maintaining the federal equilibrium. The subsequent erosion of those due process limitations vastly …
The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn
The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn
San Diego Law Review
American society and law display a deep reverence for the group, as long as it assumes corporate or quasi-corporate form. This reverence is not fleeting; rather, it has deep historical roots. In fact, it was there before the republic came into being and it played a profound role in the founding of the nation. Moreover, these roots are not only traditional, but philosophical and religious as well. This Article explores those roots, with three goals in mind. First, to correct the mistaken notion that American law has historically demonstrated a commitment to the individual at the expense of the group, …
Copyright At The Supreme Court: A Jurisprudence Of Deference, Marci A. Hamilton
Copyright At The Supreme Court: A Jurisprudence Of Deference, Marci A. Hamilton
Articles
No abstract provided.
Resolving Tensions Between Copyright And The Internet, Walter Effross
Resolving Tensions Between Copyright And The Internet, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Rethinking The Penalty Phase, Kyron Huigens
Rethinking The Penalty Phase, Kyron Huigens
Articles
This article argues that the chaos of the US Supreme Court’s death penalty jurisprudence can be sorted with the use of a single point of clarification. That jurisprudence uses the term “culpability” – and similar terms, such as desert, responsibility, and blameworthiness – without regard to a critical ambiguity. We use “culpability” to refer to fault in wrongdoing, as reflected in “culpability elements” such as purpose or recklessness. We also use culpability to refer to eligibility for punishment, which is at issue in the defenses of insanity or minority. Death sentencing is structured around aggravating and mitigating factors, but aggravation …
Mothers And Fathers Of Invention: The Intellectual Founders Of Adr, Carrie Menkel-Meadow
Mothers And Fathers Of Invention: The Intellectual Founders Of Adr, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
When we think of the "founding" of the ADR movement (particularly, but not exclusively, in law), from when do we date it? Whom do we think of as our leaders? Many of us think of Frank Sander and the "multi-door courthouse" suggested by his famous paper, delivered at the Pound Conference on the Causes of Popular Dissatisfaction with the Administration of Justice in 1976. For others, the publication of Roger Fisher and William Ury's "Getting to Yes," signaled an interest in a changed paradigm for engaging in legal negotiations. Some may associate ADR's nascency with early practical efforts to institutionalize …
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Scholarly Works
In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …
Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell
Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell
South Carolina Law Review
No abstract provided.
Rights That Are Wrong, Hon. Daniel A. Manion
Rights That Are Wrong, Hon. Daniel A. Manion
Notre Dame Law Review
No abstract provided.
Reflections On Dworkin And The Two Faces Of Law, Richard H. Fallon Jr.
Reflections On Dworkin And The Two Faces Of Law, Richard H. Fallon Jr.
Notre Dame Law Review
No abstract provided.
Reasonableness And Objectivity, Neil Maccormick
Reasonableness And Objectivity, Neil Maccormick
Notre Dame Law Review
No abstract provided.
How Coasean Bargaining Entails A Prisoners' Dilemma, Wayne Eastman
How Coasean Bargaining Entails A Prisoners' Dilemma, Wayne Eastman
Notre Dame Law Review
No abstract provided.
Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
Notre Dame Law Review
No abstract provided.
Rules And Reversibility, Clayton P. Gillette
Rules And Reversibility, Clayton P. Gillette
Notre Dame Law Review
No abstract provided.
What Logic Can And Cannot Tell Us About Law, Kevin W. Saunders
What Logic Can And Cannot Tell Us About Law, Kevin W. Saunders
Notre Dame Law Review
No abstract provided.
One Hundred Years Of Legal Philosophy, Robert P. George
One Hundred Years Of Legal Philosophy, Robert P. George
Notre Dame Law Review
No abstract provided.
Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Faculty Scholarship
This essay concerns the possibility of interpreting law. It is always possible to interpret law in the weak sense, which assigns meaning it is not assumed the law previously possessed. My concern here is interpretation in the strong sense, which, if successful, reveals meaning that lies hidden in the law. Theories of legal interpretation have recently received much theoretical attention. The received theory of law's open texture suggests that this interest is misplaced.
Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks
Articles
The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …
La Doctrine Et L'Interprétation Du Code Civil, Stéphane Beaulac
La Doctrine Et L'Interprétation Du Code Civil, Stéphane Beaulac
Dalhousie Law Journal
Les Éditions Thémis publiaient en 1997 un livre intitulé La doctrine et l'interprétation du Code civil, par Me Sylvie Parent. Cette étude constitue le fruit de ses recherches et de sa réflection effectuées dans le cadre de ses travaux de maîtrise en droit à l'Université de Montreal; son directeur de thèse était le professeur Pieffe-André Côté, éminent auteur dans le domaine de l'interprétation des lois. C'est à ce dernier qu'est revenu l'honneur de rédiger la préface de cet ouvrage. Il n'a point hésité, à juste titre d'ailleurs, d'ajouter le nom de Me Parent à la liste d'auteurs contemporains ayant contribué, …
Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri
Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri
Dalhousie Law Journal
Over the past few years, the "contextual approach" to law has acquired considerable cachet in juridical discourses across the country. In the Supreme Court of Canada, contextualism is now the new standard of judicial analysis and accountability This article analyzes a decade of Supreme court jurisprudence on Charter interpretation, statutory interpretation and the common law in order to fully explicate what contextualism in law is, where it came from, and how it has achieved its current pre-eminent status. The future promise of the contextual approach is also here canvassed through a dialectical engagement with postmodernist concerns respecting inherent legal indeterminacies.