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Articles 1801 - 1830 of 2137
Full-Text Articles in Law
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.
Cardozo Law Review
No abstract provided.
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Cardozo Law Review
No abstract provided.
The Future Of The Common Law Tradition, Alan Watson
The Future Of The Common Law Tradition, Alan Watson
Scholarly Works
What, then, can one say about the common law tradition as it will develop in the relatively near future? In terms of the future development of the common law systems, three facts seem certain and decisive. In the first place, there has been, as a matter of observable fact, a great shift in the balance of lawmaking in the common law world from judicial precedent to legislation, which together comprise the two main sources of law. In the second place, there is a deep awareness in the common law countries of a crisis in lawmaking, an awareness that is probably …
Thoughts On Decisionmaking, Patricia M. Wald
Thoughts On Decisionmaking, Patricia M. Wald
West Virginia Law Review
No abstract provided.
William E. H. Tagupa's Review Of David Weisbrot, Abdul Paliwala, And Akilagpa Sawyerr's Law And Social Change In Papua New Guinea, William E. H. Tagupa
William E. H. Tagupa's Review Of David Weisbrot, Abdul Paliwala, And Akilagpa Sawyerr's Law And Social Change In Papua New Guinea, William E. H. Tagupa
Pacific Studies
No abstract provided.
Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller
Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller
Washington and Lee Law Review
No abstract provided.
The Inadequacy Of Legal Remedy Requirement For Equitable Relief: The Development Of The Rule And Its Application In South Carolina, Val H. Stieglitz
The Inadequacy Of Legal Remedy Requirement For Equitable Relief: The Development Of The Rule And Its Application In South Carolina, Val H. Stieglitz
South Carolina Law Review
No abstract provided.
A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger
A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger
Indiana Law Journal
No abstract provided.
Obligation: Not To The Law But To The Neighbor, Milner S. Ball
Obligation: Not To The Law But To The Neighbor, Milner S. Ball
Scholarly Works
In this article I will first address the strongest yet still unsatisfactory argument for an obligation to obey the law, the argument that the government and its officers are obligated to obey the law. I will then consider the weaker, more satisfactory argument that citizens have an obligation to obey the law. I will conclude by taking up the issue that I find more interesting and important: the absence of a biblical basis for an obligation to obey the law.
William E. H. Tagupa's Review Of David Weisbrot, Abdul Paliwala, And Akilagpa Sawyerr's Law And Social Change In Papua New Guinea, William E. H. Tagupa
William E. H. Tagupa's Review Of David Weisbrot, Abdul Paliwala, And Akilagpa Sawyerr's Law And Social Change In Papua New Guinea, William E. H. Tagupa
Pacific Studies
No abstract provided.
Mistaken Assumptions And Misunderstandings Of Contracting Parties - Louisiana Legislation And Jurisprudence, George L. Bilbe
Mistaken Assumptions And Misunderstandings Of Contracting Parties - Louisiana Legislation And Jurisprudence, George L. Bilbe
Louisiana Law Review
No abstract provided.
Justification And Judicial Responsibility, David B. Lyons
Justification And Judicial Responsibility, David B. Lyons
Faculty Scholarship
These Centenary Lectures are devoted to the "tension between rule and policy" in adjudication. The charge to the lecturers suggests it is "naive" to suppose that "the proper function of a court is to apply an established rule of law to the dispute before it." This topic has been a focus of legal theory at least since Holmes delivered his famous lecture, "The Path of the Law"--nearly as long as law has been taught at the University of California. It merits our continuing study.
The Utilitarian Imperative: Autonomy, Reciprocity, And Evolution, Leonard G. Ratner
The Utilitarian Imperative: Autonomy, Reciprocity, And Evolution, Leonard G. Ratner
Hofstra Law Review
No abstract provided.
Electrifying The First Amendment, Mark S. Nadel
Electrifying The First Amendment, Mark S. Nadel
Cardozo Law Review
No abstract provided.
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Cardozo Law Review
No abstract provided.
The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler
The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler
Cardozo Law Review
No abstract provided.
Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky
Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky
Akron Law Faculty Publications
A prosecutor is a detective, a litigator, a manager, and a policymaker. He is responsible for investigating illegalities' and is permitted to use specially assigned tools-a grand jury or subpoena-to acquire information and evidence. As a litigator, he is counsel for an artificial client-the government or people-but also the representa- tive of identifiable victims. Moreover, though he functions in an adversary system, he must temper his advocacy and zeal. His goal is not merely to "win," but also to see that "justice is done."
The prosecutor must manage an increasing set of responsibilities in a complex and often arbitrary system, …
Legislative Formality, Administrative Rationality, Harold H. Bruff
Legislative Formality, Administrative Rationality, Harold H. Bruff
Publications
No abstract provided.
The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr.
The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr.
Cardozo Law Review
No abstract provided.
Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett
Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett
Cardozo Law Review
No abstract provided.
Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer
Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer
University of Miami Law Review
No abstract provided.
The Reason Of The Common Law, Barbara A. Singer
The Reason Of The Common Law, Barbara A. Singer
University of Miami Law Review
Although the present meaning of reason has been reduced to discrete definitions, precise interpretations did not exist in medieval England. Rather, reason was defined by its role in the adjudicatory process. During the late medieval period, reason came to embody the very essence of the common law as courts recognized that it could be used to prevent procedural rules from infringing upon substantive rights. Relying upon Year Book cases and jurisprudential works, the author describes how the chameleon-like character of reason helped to shape the medieval English common law.
Autonomy, Sovereignty, And Privacy: Moral Ideals In The Constitution, Joel Feinberg
Autonomy, Sovereignty, And Privacy: Moral Ideals In The Constitution, Joel Feinberg
Notre Dame Law Review
No abstract provided.
Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter
Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
The Supreme Court Of The United States: Managing Its Caseload To Achieve Its Constitutional Purposes, William T. Coleman
The Supreme Court Of The United States: Managing Its Caseload To Achieve Its Constitutional Purposes, William T. Coleman
Fordham Law Review
No abstract provided.
Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson
Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson
Villanova Law Review (1956 - )
No abstract provided.
The Persistence Of Classical Style, Patrick O. Gudridge
The Persistence Of Classical Style, Patrick O. Gudridge
Articles
No abstract provided.
First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler
First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler
Cardozo Law Review
No abstract provided.
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
Publications
No abstract provided.
Legisprudence: Problems And Agenda, Julius Cohen
Legisprudence: Problems And Agenda, Julius Cohen
Hofstra Law Review
No abstract provided.