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Articles 1831 - 1860 of 2137
Full-Text Articles in Law
The Justice Conundrum, Marshall J. Breger
The Justice Conundrum, Marshall J. Breger
Villanova Law Review (1956 - )
No abstract provided.
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
University of Miami Law Review
Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.
How Courts Govern America, H. John Rogers
How Courts Govern America, H. John Rogers
West Virginia Law Review
No abstract provided.
What 'Counts' As Law?, Anthony D'Amato
What 'Counts' As Law?, Anthony D'Amato
Faculty Working Papers
A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …
The Integrity Of Holmes' Jurisprudence, G. Edward White
The Integrity Of Holmes' Jurisprudence, G. Edward White
Hofstra Law Review
No abstract provided.
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
Notes On A Grand Illusion: Some Limits On The Use Of Bayesian Theory In Evidence Law, Craig R. Callen
Notes On A Grand Illusion: Some Limits On The Use Of Bayesian Theory In Evidence Law, Craig R. Callen
Indiana Law Journal
No abstract provided.
Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox
Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox
Cardozo Law Review
No abstract provided.
Holmes A Hundred Years Ago: The Common Law And Legal Theory, Saul Touster
Holmes A Hundred Years Ago: The Common Law And Legal Theory, Saul Touster
Hofstra Law Review
No abstract provided.
Holmes' Common Law As Legal And Social Science, Robert W. Gordon
Holmes' Common Law As Legal And Social Science, Robert W. Gordon
Hofstra Law Review
No abstract provided.
Human Rights Within The World Legal Order: A Reply To Sohn And Mcdougal, Eric Lane
Human Rights Within The World Legal Order: A Reply To Sohn And Mcdougal, Eric Lane
Hofstra Law Review
Professor Sohn is the quintessential charterist. He views the world legal order, at least as it pertains to human rights, as being a centralized structure with the United Nations Charter as its base. "The Charter is the cornerstone of international jus cogens, and its provisions prevail over all other international and domestic legislative acts." According to Sohn, the Charter creates a variety of human rights norms and authorizes their implementation and enforcement through various United Nations organs: "These provisions express clearly the obligations of all members and the powers of the organization in the field of human rights. While the …
Hugo Lafayette Black And John Harlan - Two Faces Of Constitutional Law With Some Notes On Teaching Of Thayer's Subject, O. W. Wollensak, Paul R. Baier
Hugo Lafayette Black And John Harlan - Two Faces Of Constitutional Law With Some Notes On Teaching Of Thayer's Subject, O. W. Wollensak, Paul R. Baier
Journal Articles
No abstract provided.
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Publications
No abstract provided.
Establishment Clause Standing: The Not Very Revolutionary Decision At Valley Forge, William P. Marshall, Maripat Flood
Establishment Clause Standing: The Not Very Revolutionary Decision At Valley Forge, William P. Marshall, Maripat Flood
Faculty Publications
No abstract provided.
The Iranian Litigation: Implications For American Business Interests, Charles G. Labella
The Iranian Litigation: Implications For American Business Interests, Charles G. Labella
Cardozo Law Review
No abstract provided.
Ideas Of Relevance To Law, Mortimer J. Adler
Ideas Of Relevance To Law, Mortimer J. Adler
West Virginia Law Review
No abstract provided.
All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins
All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins
West Virginia Law Review
No abstract provided.
American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav
American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav
Faculty Scholarship
This is a study of the role played by judicial development of the First Amendment to the United States Constitution in shaping the jurisprudence of free speech in Israel - a country without a bill of rights. Rivalry and contrast between opposing modes of legal thought, judicial styles, doctrines, and finally, models of democracy within Israel's Supreme Court are major themes. Most of the adversarial elements reflect competing ideas in the intellectual history of American free speech law. Thus, the tension within Israel's Supreme Court reflects the tension between American free speech jurisprudence as it now is and as it …
Pragmatic Instrumentalism In Twentieth Century American Legal Thought-A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers
Pragmatic Instrumentalism In Twentieth Century American Legal Thought-A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers
Cornell Law Review
No abstract provided.
Legal Formalism And Instrumentalism-A Pathological Study, David Lyons
Legal Formalism And Instrumentalism-A Pathological Study, David Lyons
Cornell Law Review
No abstract provided.
Legal Positivism Of John Austin And The Realist Movement In American Jurisprudence, Wilfrid E. Rumble
Legal Positivism Of John Austin And The Realist Movement In American Jurisprudence, Wilfrid E. Rumble
Cornell Law Review
No abstract provided.
Political Frontier Of Jurisprudence: John Chipman Gray On The State, Neil Maccormick
Political Frontier Of Jurisprudence: John Chipman Gray On The State, Neil Maccormick
Cornell Law Review
No abstract provided.
Lon Fuller And Substantive Natural Law, Anthony D'Amato
Lon Fuller And Substantive Natural Law, Anthony D'Amato
Faculty Working Papers
I will contend that Fuller's secular or "procedural" natural law, as described by Moffat, does not cover the theoretical position that could be occupied by a substantive natural lawyer, that such a theoretical position is viable today, and that there are some key elements in Fuller's theory that actually conflict with substantive natural law and might therefore be criticized from that perspective.
A Personal Reflection On International Covenants On Human Rights, Dean Rusk
A Personal Reflection On International Covenants On Human Rights, Dean Rusk
Hofstra Law Review
No abstract provided.
The International Law Of Human Rights: A Reply To Recent Criticisms, Louis B. Sohn
The International Law Of Human Rights: A Reply To Recent Criticisms, Louis B. Sohn
Hofstra Law Review
No abstract provided.
Human Rights And The Emerging International Constitution, Howard J. Taubenfeld, Rita Falk Taubenfeld
Human Rights And The Emerging International Constitution, Howard J. Taubenfeld, Rita Falk Taubenfeld
Hofstra Law Review
No abstract provided.
The Views Of "Charterists" And "Skeptics" On Human Rights In The World Legal Order: Two Wrongs Don't Make A Right, Lowell F. Schechter
The Views Of "Charterists" And "Skeptics" On Human Rights In The World Legal Order: Two Wrongs Don't Make A Right, Lowell F. Schechter
Hofstra Law Review
No abstract provided.
The Treaty Power And National Foreign Policy As Vehicles For The Enforcement Of Human Rights In The United States, Covey T. Oliver
The Treaty Power And National Foreign Policy As Vehicles For The Enforcement Of Human Rights In The United States, Covey T. Oliver
Hofstra Law Review
No abstract provided.
Introduction: Human Rights And Jurisprudence, Myres S. Mcdougal, Lung-Chu Chen
Introduction: Human Rights And Jurisprudence, Myres S. Mcdougal, Lung-Chu Chen
Hofstra Law Review
No abstract provided.
World Refugee Assistance: The Role Of International Law And Institutions, Ved P. Nanda
World Refugee Assistance: The Role Of International Law And Institutions, Ved P. Nanda
Hofstra Law Review
No abstract provided.