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Jurisprudence

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Articles 1891 - 1920 of 2137

Full-Text Articles in Law

The Judging Class, Kenneth M. Casebeer Nov 1978

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 Nov 1978

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 Nov 1978

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 Apr 1978

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 Jan 1978

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 Jan 1978

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 Jan 1978

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 Jan 1978

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 Jan 1978

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 Mar 1977

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 Mar 1977

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 Jan 1977

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 Jan 1977

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 Jan 1977

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 Jan 1977

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 Dec 1976

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 Dec 1976

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 Dec 1976

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 Dec 1976

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 Dec 1976

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 Oct 1976

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 Oct 1976

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 Oct 1976

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 Apr 1976

Products Liability And Judicial Wealth Redistributions, Alan Schwartz

Indiana Law Journal

No abstract provided.


Integrative Jurisprudence, Jerome Hall Jan 1976

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 Jan 1976

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 Jan 1976

"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 Jan 1976

Knowledge And Politics, David A. J. Richards

Fordham Law Review

No abstract provided.


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 Apr 1975

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 Mar 1975

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 …