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Articles 1141 - 1170 of 1302

Full-Text Articles in Jurisprudence

Advocacy And Scholarship, Paul F. Campos Jan 1993

Advocacy And Scholarship, Paul F. Campos

Publications

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …


Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum Apr 1992

Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum

Florida State University Law Review

No abstract provided.


Remarks On The Process Of Judging, William H. Rehnquist Mar 1992

Remarks On The Process Of Judging, William H. Rehnquist

Washington and Lee Law Review

No abstract provided.


Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells Mar 1992

Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells

Washington and Lee Law Review

No abstract provided.


Book Review —Rewriting The History Of The Judiciary Act Of 1789: Exposing Myths,Challenging Premises And Using New Evidence, Roger J. Miner '56 Jan 1992

Book Review —Rewriting The History Of The Judiciary Act Of 1789: Exposing Myths,Challenging Premises And Using New Evidence, Roger J. Miner '56

Book Reviews

No abstract provided.


Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz Jan 1992

Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


Muncipal Law, Honorable Leon D. Lazer Jan 1992

Muncipal Law, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr. Jan 1992

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.


The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen Jan 1992

The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Ineffective Assistance Of Counsel Jan 1992

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Trial By Jury Jan 1992

Trial By Jury

Touro Law Review

No abstract provided.


Writing For Judges, Pierre Schlag Jan 1992

Writing For Judges, Pierre Schlag

Publications

No abstract provided.


Right To Be Present Jan 1992

Right To Be Present

Touro Law Review

No abstract provided.


Right To Be Present Jan 1992

Right To Be Present

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Pre-Figuration And Evaluation, Pierre Schlag Jan 1992

Pre-Figuration And Evaluation, Pierre Schlag

Publications

In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.


Foreword, David Rudenstine Jun 1991

Foreword, David Rudenstine

Cardozo Law Review

No abstract provided.


Tradition, Precedent, And Justice Scalia, David A. Strauss Jun 1991

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

Cardozo Law Review

No abstract provided.


Judicial Asceticism, Larry Kramer Jun 1991

Judicial Asceticism, Larry Kramer

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 Jun 1991

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.


Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner Jun 1991

Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner

Cardozo Law Review

No abstract provided.


My Pizza With Ninó, Alex Kozinski Jun 1991

My Pizza With Ninó, Alex Kozinski

Cardozo Law Review

No abstract provided.


Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar Jun 1991

Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar

Cardozo Law Review

No abstract provided.


A Tribute To Peter S. Popovich, James F. Hogg Jan 1991

A Tribute To Peter S. Popovich, James F. Hogg

Faculty Scholarship

A tribute to Peter S. Popovich, Chief Justice of the Minnesota Supreme Court 1989-1990 and William Mitchell College of Law alumni.


The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel Jan 1991

The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel

Scholarly Works

No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …


"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers Jan 1991

"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 …


Fourth, Fifth, And Sixth Amendments, William E. Hellerstein Jan 1991

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

Touro Law Review

No abstract provided.


Affirmative Action, Douglas Scherer, John Dunne Jan 1991

Affirmative Action, Douglas Scherer, John Dunne

Touro Law Review

No abstract provided.