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Articles 31 - 60 of 166
Full-Text Articles in Jurisprudence
Authoritarianism And The Rule Of Law, Lynne Henderson
Authoritarianism And The Rule Of Law, Lynne Henderson
Indiana Law Journal
No abstract provided.
Not So Cold An Eye: Richard Posner's Pragmatism, Jason S. Johnston
Not So Cold An Eye: Richard Posner's Pragmatism, Jason S. Johnston
Vanderbilt Law Review
Over the past twenty odd years, Judge Richard Posner has established himself as one of the most creative and influential thinkers in the history of American law. His work divides into two parts: the prejudicial corpus, which is devoted almost entirely to the comprehensive economic analysis of law,' and the postjudicial corpus, which treats issues involving what may be called the theory of judging and courts--that is, the normative theory of how judges should decide cases and how courts should be organized. This division is rough and wavering, for Posner's work prior to his appointment to the federal bench often …
Harnessing The Power Of The Bet: Wagering With The Government As A Mechanism For Social And Individual Change, Bruce J. Winick
Harnessing The Power Of The Bet: Wagering With The Government As A Mechanism For Social And Individual Change, Bruce J. Winick
University of Miami Law Review
No abstract provided.
Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein
Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein
University of Miami Law Review
No abstract provided.
Inconsistent Judgments, John C. Mccoid, Ii
Inconsistent Judgments, John C. Mccoid, Ii
Washington and Lee Law Review
No abstract provided.
The Breath Of Life In The Law, David E. Van Zandt
The Breath Of Life In The Law, David E. Van Zandt
Cardozo Law Review
No abstract provided.
Comment On R. H. Helmholz, Conflicts Between Religious And Secular Law, Charles Donahue Jr.
Comment On R. H. Helmholz, Conflicts Between Religious And Secular Law, Charles Donahue Jr.
Cardozo Law Review
No abstract provided.
Victory In Defeat - Polygamy And The Mormon Legal Encounter With The Federal Government, Douglas H. Parker
Victory In Defeat - Polygamy And The Mormon Legal Encounter With The Federal Government, Douglas H. Parker
Cardozo Law Review
No abstract provided.
People V. Moore: Can There Be Collateral Estoppel In The Traffic Court? , Daniel T. Gillespie Honorable
People V. Moore: Can There Be Collateral Estoppel In The Traffic Court? , Daniel T. Gillespie Honorable
Loyola University Chicago Law Journal
No abstract provided.
Structuring The Ethics Of Prosecutorial Trial Practice: Can Prosecutors Do Justice?, Fred C. Zacharias
Structuring The Ethics Of Prosecutorial Trial Practice: Can Prosecutors Do Justice?, Fred C. Zacharias
Vanderbilt Law Review
Codes of professional responsibility take a very different approach to civil and criminal trials. In civil litigation, the codes presume that good outcomes result when lawyers represent clients aggressively. In criminal cases, the codes do not rely as fully on competitive lawyering. They treat prosecutors as advocates, but also as "ministers" having an ethical duty to "do justice."
Although the special prosecutorial duty is worded so vaguely that it obviously requires further explanation, the codes provide remarkably little guidance on its meaning. In effect, code drafters have delegated to prosecutors the task of resolving the special ethical issues prosecutors face …
Will There Be A Science Of Law In The Twenty-First Century?, Richard Stith
Will There Be A Science Of Law In The Twenty-First Century?, Richard Stith
Law Faculty Publications
The skepticism of the American Legal Realists and their heirs threatens to make a politically neutral science of law impossible and thus to undermine the liberal polity which needs such a science. Ronald Dworkin attempts to refute the skeptics and defend both legal theory and liberalism. However, the author points out, Dworkin and liberalism are themselves skeptics when it comes to moral principles, and, therefore, they cannot wholly escape from similar skepticism with regard to legal principles. Both Anglo-American and Continental legal history are examined in the course of these arguments.
Generosity: A Duty Without A Right, Richard Stith
Generosity: A Duty Without A Right, Richard Stith
Law Faculty Publications
The rhetoric of rights permeates and dominates the American legal thought today. Even ethics is often considered to involve fundamentally a mutual respect for "moral rights." Understanding human rights is taken to be a sufficient condition for knowing how we do and should order our life together.
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
Validity Of New York State Ethics Commission Rule 932.2 Barring Public Officers From Holding Political Party Office, William Josephson, Beverly Jean Ross
Validity Of New York State Ethics Commission Rule 932.2 Barring Public Officers From Holding Political Party Office, William Josephson, Beverly Jean Ross
Touro Law Review
No abstract provided.
Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan
Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan
Touro Law Review
No abstract provided.
Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey
Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey
Touro Law Review
No abstract provided.
Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen
Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen
UIC Law Review
No abstract provided.
Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks
Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks
UIC Law Review
No abstract provided.
James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris
James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris
UIC Law Review
No abstract provided.
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
UIC Law Review
No abstract provided.
Presumed Innocent: Illinois' Rejection Of Market Share Liability In Smith V. Eli Lilly & (And) Company Is Cause In Fact To Celebrate, 24 J. Marshall L. Rev. 869 (1991), Steven Bonanno
UIC Law Review
No abstract provided.
Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels
UIC Law Review
No abstract provided.