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Jurisprudence

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Articles 1351 - 1380 of 2134

Full-Text Articles in Law

Foreword: Is Justice Just Us?, Christopher Slobogin Apr 2000

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 Apr 2000

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 Mar 2000

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 Jan 2000

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 Jan 2000

What Is Morality Anyway, Michael J. Perry

Villanova Law Review (1956 - )

No abstract provided.


Regret And Contract "Science", Peter A. Alces Jan 2000

Regret And Contract "Science", Peter A. Alces

Faculty Publications

No abstract provided.


Standing For Protection Of Collective Rights In The European Communities, Alison Peck Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

Resolving Tensions Between Copyright And The Internet, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Rethinking The Penalty Phase, Kyron Huigens Jan 2000

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 Jan 2000

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 Jan 2000

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 Oct 1999

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 Jun 1999

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. Jun 1999

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 Jun 1999

Reasonableness And Objectivity, Neil Maccormick

Notre Dame Law Review

No abstract provided.


How Coasean Bargaining Entails A Prisoners' Dilemma, Wayne Eastman Jun 1999

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 Jun 1999

Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt

Notre Dame Law Review

No abstract provided.


Rules And Reversibility, Clayton P. Gillette Jun 1999

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 Jun 1999

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 Jun 1999

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 May 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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.