Law Commons^™

Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson

Dalhousie Law Journal

To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …

Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Just A Bigger Fish (Book Review), Michael S. Ariens

Faculty Articles

Shark Tank: Greed, Politics, and the Collapse of Finley, Kumble, One of America’s Largest Law Firms is a non-fiction potboiler written by Kim Isaac Eisler. The story is generally about the decline and fall of an institution instrumental to capitalism that prospered during much of the 1980s. In particular, it is about the decline and fall of men whose hubris and greed make the decline and fall so satisfying to read.

While it would be easy to dismiss the demise of Finley, Kumble, because it was not an old, established “white shoe” law firm, or to analogize it to the …

Of Persons And Property: The Politics Of Legal Taxonomy, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The essay falls into three major parts. In the first part, we explain and describe what we believe to be the core idea of law - that it represents a discursive and taxonomic economy which is used to give meaning to the world by creating a particular and partial reality. The concepts and language lawyers use, the way those media are deployed, the argumentative devices relied upon, and the values inculcated combine in conscious and unconscious ways to constitute law and a legal style of life. In part two, we tell two stories. One involves the Supreme Court's treatment of …

Symmetries Of Access In Civil Rights Litigation: Politics, Pragmatism And Will, Gene R. Shreve

Indiana Law Journal

No abstract provided.

The Role Of The Commission Secretary, David M. Grenville

Dalhousie Law Journal

Royal commissions of inquiry are generally set up to address an urgent public concern that is almost certainly politically sensitive. The task that they are given to do is not an easy one, and they are expected to deal with it competently, economically and, above all, expeditiously. Inevitably, some controversy will be generated by their activities as they operate under intense public scrutiny. There are, in fact, two kinds of inquiries: one is the quasijudicial investigation which has as its purpose to establish the facts and to determine whether any act was contrary to the law or the public interest, …

Advice, Consent, And Influence, Robert F. Nagel

Publications

No abstract provided.

Shortened Judicial Term May Prove To Be Lucky, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Charter Of Rights And The Legalization Of Politics In Canada, H Archibald Kaiser

Dalhousie Law Journal

Prospective readers would be forgiven were they to react in a dismissive manner to yet another book about the Charter. For any contribution in this now over-cultivated field, the question must immediately be asked: "Has the author brought a new vision, a fresh insight to his or her inquiries?" The answer in the case of The Charter of Rights and the Legalization of Politics in Canada is an unhesitant "Yes".

Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Debating A Paralyzing Objectivity, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

Governor Can Still Appoint Replacement For Justice Stout, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Abolition Then And Now, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

The Politics Of Liquidation And Privatization In Egypt, Khaled Fouad Sherif

Archived Theses and Dissertations

No abstract provided.

Is Doing Your Job A Sufficient Justification For Doing Something Wrong, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Slapp Suits: A Slap At The First Amendment, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

Strategic Lawsuits Against Public Participation, or SLAPP suits, as they are commonly called, are a growing nationwide phenomenon which imperil the protection afforded by the petition clause of the first amendment to the United States Constitution. These suits also implicate fundamental freedom guarantees of the various state constitutions. My focus today, however, will be largely on the first amendment.

Book Review: The Enigma Of Japanese Power, R.K.L. Panjabi Professor Of History

Vanderbilt Journal of Transnational Law

Karel van Wolferen has lived and worked in Japan for over twenty years. His careers as a university professor, a businessman, and a journalist for the Dutch newspaper NRC Handelsblad and for other jour nals such as Foreign Affairs have given him a unique view of various aspects of the Japanese political and cultural system. This penetrating, highly critical book about modern Japan reveals the journalist's urge to expose and the academic's need to analyze. Van Wolferen aims to help the West understand this enigmatic nation and come to grips with its very different approach to politics and economics. While …

Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Religious Convictions And Political Choice By Kent Greenawalt, Todd D. Volker

Northern Illinois University Law Review

This Book Review examines the most recent book by Professor Kent Greenawalt of Columbia University. The book itself, a discussion on the proper connection of religious beliefs to political decisions, is examined using the works of Rawls and Dworkin as philosophical benchmarks. According to Volker, Religious Convictions and Political Choice not only weathers its comparisons to the great works of Rawls and Dworkin, but has carved out a deserved place alongside them.

Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Justices Don't Own The Constitution, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Is The Death Penalty Good For Us?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Challenge To The First Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals