Courts Commons^™

Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller

Publications

No abstract provided.

Tradition, Precedent, And Justice Scalia, David A. Strauss

Cardozo Law Review

No abstract provided.

Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman

Cardozo Law Review

No abstract provided.

The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner

Cardozo Law Review

No abstract provided.

Victory In Defeat - Polygamy And The Mormon Legal Encounter With The Federal Government, Douglas H. Parker

Cardozo Law Review

No abstract provided.

Fourth, Fifth, And Sixth Amendments, William E. Hellerstein

Touro Law Review

No abstract provided.

"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers

Law Faculty Scholarly Articles

Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …

Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas

Touro Law Review

No abstract provided.

Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor

Touro Law Review

No abstract provided.

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …

Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit

Faculty Works

Much of jurisprudence is storytelling, recounting tales of what has gone before; improvising and crafting new stories of legal theory from old ones. Useful kernels are passed from one generation of legal thinkers to the next. Like tribal legends, the messages in many stories of jurisprudence can be understood only by a select audience. Legends often come with morals; theories of jurisprudence often impart prescription for living within the law. Jurisprudence, like legends, concerns fundamental issues, confronts cosmic questions and weaves in magic. Sometimes both possess humor as well.

Unfortunately, some modern versions of jurisprudential theories have become anecdotal. The …

Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby

Cardozo Law Review

No abstract provided.

Attempting The Impossible: The Emerging Consensus, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …

Legislative Formality, Administrative Rationality, Harold H. Bruff

Publications

No abstract provided.

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.

How Courts Govern America, H. John Rogers

West Virginia Law Review

No abstract provided.

The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Government By Judiciary: John Hart Ely's "Invitation", Raoul Berger

Indiana Law Journal

No abstract provided.

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.

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.

An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White

Villanova Law Review (1956 - )

No abstract provided.

Judicial Reasoning And Social Change, David Dittfurth

Indiana Law Journal

No abstract provided.

Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler

Villanova Law Review (1956 - )

No abstract provided.

Book Reviews, Edward S. Mason, Stanley D. Rose, Reber Boult, Robert N. Covington

Vanderbilt Law Review

This volume, which brings together, with one exception, all of Stocking's papers relating to workable competition, is more than a random collection of essays. As he indicates in the preface, the papers had been conceived from the beginning as segments of a book, and they proceed to cover systematically the relation of the concept of workable competition to the major areas of antitrust policy.

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Sir Frederick Pollock was born in 1845 and died in 1937. Throughout this long life, his industry was apparently unflagging. His mark is clearly discernible in wide areas of English law. Every student of the …

Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig

Journal of Legal Education

No abstract provided.

The Menace Of Jarndyce And Jarndyce, J. H. Brennan

West Virginia Law Review

No abstract provided.

Judicial Councils, Thurman Arnold

West Virginia Law Review

No abstract provided.

Courts Of Law And Equity--Why They Exist And Why They Differ, Warren B. Kittle

West Virginia Law Review

No abstract provided.