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Articles 1891 - 1920 of 2137
Full-Text Articles in Law
The Judging Class, Kenneth M. Casebeer
The Judging Class, Kenneth M. Casebeer
University of Miami Law Review
The author traces the common thread running through the analysis of judicial review by the symposium speakers. He posits that while all three speakers support equally activist positions, their allegiance to divergent values and political theories results in their opposed statements on the activist debate. He compares the dialogue in this symposium to that of the Justices in the 1940's, which discourse explicitly was grounded in a struggle over values. The author concludes that courts must structure the form of their opinions in a manner which clearly demonstrates the relationship between the chosen social values and the resulting decision.
The Adversary Society: Keynote Address Of The Third Annual Baron De Hirsch Meyer Lecture Series, William H. Rehnquist
The Adversary Society: Keynote Address Of The Third Annual Baron De Hirsch Meyer Lecture Series, William H. Rehnquist
University of Miami Law Review
In recent years litigants have pressed the courts to resolve disputes which were formerly regulated by other social and political institutions. Mr. Justice Rehnquist stresses the crucial importance of nongovernmental institutions in our society. He discusses the need to evaluate the disruptive effect of an adversary proceeding between parties who must continue in an ongoing relationship after their dispute has been settled. The author then suggests that in order to preserve certain social institutions, limits must be placed on the use of adversary proceedings.
Seven Pluralist Fallacies: In Defense Of The Adversary Process-A Reply To Justice Rehnquist, Laurence H. Tribe
Seven Pluralist Fallacies: In Defense Of The Adversary Process-A Reply To Justice Rehnquist, Laurence H. Tribe
University of Miami Law Review
The author analyzes the role of litigation in a pluralistic society through his discussion of the "pluralist's fallacies," seven characteristic errors underlying much opposition to judicial activism. He advocates a large and active role for the adversary process in order to ensure that less established groups have a forum in which to protect their interests.
Constitutional Interpretivism: Its Allure And Impossibility, John Hart Ely
Constitutional Interpretivism: Its Allure And Impossibility, John Hart Ely
Indiana Law Journal
A shorter version of the text of this article was delivered on February 7, 1978, by Professor Ely at the Indiana University School of Law as part of the Addison C. Harris lecture series. It is an adaptation of part of a book in progress on judicial review and representative government.
Irvin C. Rutter, Gordon A. Christenson
Irvin C. Rutter, Gordon A. Christenson
Faculty Articles and Other Publications
Tribute to legal scholar, Irvin Rutter.
Judicial Input Into Policy Formulation: Case-Scenario Analysis And Educational Policymaking, Susan W. Brecher
Judicial Input Into Policy Formulation: Case-Scenario Analysis And Educational Policymaking, Susan W. Brecher
Case Western Reserve Law Review
No abstract provided.
The Jurisprudence Of Judge Hardy Cross Dillard, Charles E.M. Kolb
The Jurisprudence Of Judge Hardy Cross Dillard, Charles E.M. Kolb
Vanderbilt Journal of Transnational Law
The purpose of this article is to provide a critical assessment of Judge Dillard's performance during his tenure on the International Court of Justice. Much of this article will be "jurisprudential" in scope, endeavoring to examine developments in international legal theory and international organizations during the past two decades and to assess recent decisions written by the Court. The approach will in part be an institutional one, taking into consideration the ability of an individual member of the Court to shape decisional outcomes of an international body which must resolve contentious litigation and render advisory opinions within the structure of …
Book Review, Igor I. Kavass
Book Review, Igor I. Kavass
Vanderbilt Journal of Transnational Law
The limited use of American case law in the Commonwealth countries should not be surprising. With the exception of English cases, the decisions of other Commonwealth countries receive the same indifferent treatment in all Commonwealth jurisdictions; the English courts studiously ignore the decisions of other Commonwealth countries. For that matter, American courts do not consult the case law of English and other Commonwealth countries all too frequently. Espinoza v. Farah Manufacturing Co. is a recent example in point. In that case, the Supreme Court was asked to interpret the meaning of the terms "nationality" and "national origin" as used. in …
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Nearly thirty years have passed since the publication of Professor Lon L. Fuller's The Case of the Speluncean Explorers, in which a fictional court expounded upon the manifold ways in which certain harsh necessities, externally imposed upon common people, can test the rules of the criminal law. The instant case is not in- tended to parody the Speluncean Explorers, but rather to complement it with the inverse theme: the singular defendant is a psychologically extraordinary individual existing in a relatively mundane environment. The Atheistic Solipsist provides the opportunity for consideration of the ways internal forces of great intensity can shape …
Efficiency, Expectation, And Justice: A Jurisprudential Analysis Of The Concept Of Unreasonably Dangerous Product Defect, F. P. Hubbard
Efficiency, Expectation, And Justice: A Jurisprudential Analysis Of The Concept Of Unreasonably Dangerous Product Defect, F. P. Hubbard
South Carolina Law Review
No abstract provided.
Classical Social Theories And The Doctrine Of "Abuse Of Right", Shael Herman
Classical Social Theories And The Doctrine Of "Abuse Of Right", Shael Herman
Louisiana Law Review
No abstract provided.
Can/Should Computers Replace Judges?, Anthony D'Amato
Can/Should Computers Replace Judges?, Anthony D'Amato
Faculty Working Papers
Speculates concerning judicial decision-making to test, at least theoretically, what some of the implications of jurisprudential advances might be. Proposes as the means of making this test a consideration of whether a computer may be so programmed as to replace the judicial function of judges.
Political Markets And Community Self-Determination: Competing Judicial Models Of Local Government Legitimacy, Frank I. Michelman
Political Markets And Community Self-Determination: Competing Judicial Models Of Local Government Legitimacy, Frank I. Michelman
Indiana Law Journal
This article is a significantly revised version of the Harris Lectures delivered in April, 1977 at the Indiana University School of Law of Bloomington.
Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas
Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas
Indiana Law Journal
No abstract provided.
The Jurisprudence Of Interests As A Method Of Constitutional Adjudication, Chester James Antieau
The Jurisprudence Of Interests As A Method Of Constitutional Adjudication, Chester James Antieau
Case Western Reserve Law Review
No abstract provided.
The Morality Of Strict Tort Liability, Jules L. Coleman
The Morality Of Strict Tort Liability, Jules L. Coleman
William & Mary Law Review
No abstract provided.
Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh
Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh
William & Mary Law Review
No abstract provided.
Justice And Legal Reasoning, William T. Blackstone
Justice And Legal Reasoning, William T. Blackstone
William & Mary Law Review
No abstract provided.
Further Steps Toward A General Theory Of Freedom Of Expression, Alan E. Fuchs
Further Steps Toward A General Theory Of Freedom Of Expression, Alan E. Fuchs
William & Mary Law Review
No abstract provided.
Justice In Compensation, James W. Nickel
Justice In Compensation, James W. Nickel
William & Mary Law Review
No abstract provided.
Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones
Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones
Dalhousie Law Journal
... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …
Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones
Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones
Dalhousie Law Journal
... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …
Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones
Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones
Dalhousie Law Journal
... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …
Products Liability And Judicial Wealth Redistributions, Alan Schwartz
Products Liability And Judicial Wealth Redistributions, Alan Schwartz
Indiana Law Journal
No abstract provided.
Integrative Jurisprudence, Jerome Hall
Integrative Jurisprudence, Jerome Hall
Articles by Maurer Faculty
Editorial Note: The following paper was originally presented in Mexico City on December 10, 1975, in a symposium honoring Professor Emeritus Luis Recasens Siches of the National University of Mexico.
An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White
An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White
Villanova Law Review (1956 - )
No abstract provided.
"One Man's Theory .... ": A Metatheoretical Analysis Of H. L. A. Hart's Model Of Law, F. Patrick Hubbard
"One Man's Theory .... ": A Metatheoretical Analysis Of H. L. A. Hart's Model Of Law, F. Patrick Hubbard
Maryland Law Review
No abstract provided.
Knowledge And Politics, David A. J. Richards
Drug Abuse Law Abuse And The Eighth Amendment New York’S 1973 Drug Legislation And The Prohibition Against Cruel And Unusual Punishment, Robert E. Glanville
Drug Abuse Law Abuse And The Eighth Amendment New York’S 1973 Drug Legislation And The Prohibition Against Cruel And Unusual Punishment, Robert E. Glanville
Cornell Law Review
No abstract provided.
The Mixed Courts Of Egypt: A Study Of The Use Of Natural Law And Equity, Gabriel M. Wilner
The Mixed Courts Of Egypt: A Study Of The Use Of Natural Law And Equity, Gabriel M. Wilner
Scholarly Works
The system of Mixed Courts in Egypt was an unusual institution. It represented an international solution in the context of what was obviously a colonial situation. The system lasted 74 years from 1876 to 1949. A system of law was established whose sources were general codes created especially for use by the Mixed Courts. The Charter of the Mixed Courts specified two residual sources of law. It is these sources and their application upon which this paper is principally focused. Article 34 reads: "The new Courts, in the exercise of their jurisdiction in civil and commercial matters, and within the …