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Jurisprudence Commons™

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1993

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Articles 91 - 120 of 161

Full-Text Articles in Jurisprudence

Special Proceedings In Ohio: What Is The Ohio Supreme Court Doing With The Final Judgment Rule, Donald I. Gitlin Jan 1993

Special Proceedings In Ohio: What Is The Ohio Supreme Court Doing With The Final Judgment Rule, Donald I. Gitlin

Cleveland State Law Review

This note will analyze special proceedings in Ohio insofar as they relate to the appealability of interlocutory orders. Because of the complex and evolving nature of the Ohio Supreme Court's interpretation of special proceedings, this note's analysis must necessarily be largely descriptive of Ohio case law. In addition, this note will highlight differences between Ohio appellate practice and federal practice in order to acquaint the reader with the dramatically different results reached by the two systems. In addition, Part II of this note will examine what is meant by the phrase "substantial right," which appears in the second prong of …

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Disagreement And Interpretation, Robert F. Nagel Jan 1993

Disagreement And Interpretation, Robert F. Nagel

Publications

No abstract provided.

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A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya Jan 1993

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Publications

No abstract provided.

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Expert Witness Fees In Federal Diversity Cases., Wade P. Webster Jan 1993

Expert Witness Fees In Federal Diversity Cases., Wade P. Webster

St. Mary's Law Journal

Even with the increasing complexity of litigation and the increased utilization of expert witnesses to provide expensive evidence on narrow scientific and technical issues, Congress still limits compensation of expert witnesses to only forty dollars per day, the same rate as ordinary fact witnesses. The justification for the low rate is that the witness fee statute was not intended by Congress to compensate witnesses fully for their lost time and income. Presumably this same reasoning also applies to expert witnesses. The problem with this reasoning, unlike law witnesses who may be compelled by subpoena, individual litigants must pay the fees …

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Comments On The Law On Property In The Russian Soviet Federated Socialist Republic., Larisa Krasavchikova Jan 1993

Comments On The Law On Property In The Russian Soviet Federated Socialist Republic., Larisa Krasavchikova

St. Mary's Law Journal

Abstract Forthcoming.

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Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra Jan 1993

Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra

St. Mary's Law Journal

To prevent double taxation and income tax evasion, the Mexico and United States governments signed a convention in September 1992. The convention establishes when businesses may be subject to either United States or Mexico tax liabilities. Key to the application of the convention is the concept of permanent establishment. Permanent establishment is the designation given to a business situated in Mexico that transacts operations for a United States enterprise. This designation determines which nation, the United States or Mexico, will collect taxes from the business. If the business is a permanent establishment, the Mexican government will collect taxes. The types …

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Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht Jan 1993

Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht

St. Mary's Law Journal

Abstract Forthcoming.

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Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey Jan 1993

Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey

St. Mary's Law Journal

In Hudson v. McMillian, the Supreme Court held that use of excessive physical force against an inmate may constitute cruel and unusual punishment even though the prisoner does not suffer any significant injury. The Eighth Amendment has evolved significantly since its adoption in 1791, becoming a complex line of authority which over time expanded the rights of criminals and convicts. Recent cases have attempted to mold the varying Eight Amendment standards into a more cohesive legal doctrine. These efforts were meant to clarify the doctrine of cruel and unusual punishments; however, the divergent interpretations of these decisions rendered Eighth Amendment …

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La Cour Constitutionnelle Roumaine. Premiers Pas. (The Romanian Constitutional Court. First Steps), Dana Neacsu Jan 1993

La Cour Constitutionnelle Roumaine. Premiers Pas. (The Romanian Constitutional Court. First Steps), Dana Neacsu

Law Faculty Publications

As a panel member, Constitutional Law Study and Research Group, University of Aix-Marseille III, France this Paper covered the early jurisprudence of the Romanian Constitutional Court (September 1993) (in French)

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Rethinking The Rule Of Law: A Demonstration That The Obvious Is Plausible, Francis J. Mootz Iii Jan 1993

Rethinking The Rule Of Law: A Demonstration That The Obvious Is Plausible, Francis J. Mootz Iii

Scholarly Works

In this Article, I defend the Rule of Law from its detractors in the academy by uncovering and criticizing the unsound presuppositions driving their critiques. I acknowledge that these critiques raise two different problems for those who defend the plausibility of the Rule of Law: The problem of ensuring legal innovation and the problem of supplying effective constraint. In response to these problems, I locate our faith in the Rule of Law in the hermeneutical practice in which we are engaged as lawyers. Jurisprudential characterizations of the problems of constraint and innovation are misguided reactions to the narrow Enlightenment conception …

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Is The Rule Of Law Possible In A Postmodern World?, Francis J. Mootz Iii Jan 1993

Is The Rule Of Law Possible In A Postmodern World?, Francis J. Mootz Iii

Scholarly Works

The Rule of Law is the core of our political and legal ideology, but the Rule of Law increasingly is attacked as an unattainable goal. Postmodern theorists challenge whether it makes sense to believe that rules can be formulated for general application and then later neutrally applied by decision makers. Postmodern theorists reject the Enlightenment world view and its political corollary, classical liberalism. The author agrees with the spirit of the postmodern critique, but argues that we can understand the Rule of Law in a manner consonant with postmodern thought. Drawing on the Continental tradition of hermeneutics, or the philosophy …

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Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery Jan 1993

Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery

Articles & Book Chapters

No abstract provided.

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The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman Jan 1993

The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman

American University Law Review

No abstract provided.

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Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay Jan 1993

Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay

American University Law Review

No abstract provided.

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Journeying Through The Valley Of Evil., Douglas O. Linder Jan 1993

Journeying Through The Valley Of Evil., Douglas O. Linder

Faculty Works

No abstract provided.

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Voice And Text In Constitutionalism, Ferenc Feher Jan 1993

Voice And Text In Constitutionalism, Ferenc Feher

Cardozo Law Review

No abstract provided.

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Hermeneutics And Constitutional Interpretation, Aharon Barak Jan 1993

Hermeneutics And Constitutional Interpretation, Aharon Barak

Cardozo Law Review

No abstract provided.

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A Philosophical Reconstruction Of Judicial Review, Carlos Santiago Nino Jan 1993

A Philosophical Reconstruction Of Judicial Review, Carlos Santiago Nino

Cardozo Law Review

No abstract provided.

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The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons Jan 1993

The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons

Cardozo Law Review

This paper is adapted from the Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Cardozo School of Law, Yeshiva University, on March 10, 1992.

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New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson Jan 1993

New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson

Cardozo Law Review

No abstract provided.

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The Habeas Hagioscope, Larry Yackle Jan 1993

The Habeas Hagioscope, Larry Yackle

Faculty Scholarship

If you would understand American law, American politics, and the elusive difference between the two, look no further. Federal habeas corpus for state prisoners opens a window on the workings of our national government, overt and covert. I mean in this Article to describe the scene that is revealed. A rich account of experience in recent years can contribute to a deeper understanding of our government by arranging the players and the set in context and sequence. The record will show a number of things to be true.

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Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West Jan 1993

Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West

Georgetown Law Faculty Publications and Other Works

Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.
  
Furthermore, according to Dripps, …

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Natural Law Ambiguities, Robin West Jan 1993

Natural Law Ambiguities, Robin West

Georgetown Law Faculty Publications and Other Works

I share with Fred Schauer the relatively unpopular belief that the positivist insistence that we keep separate the legal "is" from the legal "ought" is a logical prerequisite to meaningful legal criticism, and therefore, in the constitutional context, is a logical prerequisite to meaningful criticism of the Constitution. As Schauer argues, despite the modern inclination to associate positivism with conservatism, the positivist "separation thesis," properly understood, facilitates legal criticism and legal reform, not reactionary acquiescence. If we want to improve law, we must resist the urge to see it through the proverbial rose-colored glasses; we must be clear that a …

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That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos Jan 1993

That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos

Publications

No abstract provided.

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Name-Calling And The Clear Error Rule, Robert F. Nagel Jan 1993

Name-Calling And The Clear Error Rule, Robert F. Nagel

Publications

No abstract provided.

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Double Jeopardy Jan 1993

Double Jeopardy

Touro Law Review

No abstract provided.

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Proof Of Attorney's Fees In Texas., Scott A. Brister Jan 1993

Proof Of Attorney's Fees In Texas., Scott A. Brister

St. Mary's Law Journal

In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …

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The Brain Gets Sick, Too - The Case For Equal Insurance Coverage For Serious Mental Illness., Brian D. Shannon Jan 1993

The Brain Gets Sick, Too - The Case For Equal Insurance Coverage For Serious Mental Illness., Brian D. Shannon

St. Mary's Law Journal

Recent brain research has revealed that the major mental illnesses are organic diseases of the brain. Like other organs of the body, the brain can become ill. Dr. E. Fuller Torrey, a psychiatrist whose sister suffers from schizophrenia, has commented that "[t]he evidence that serious mental illnesses are diseases is now overwhelming..." Notwithstanding recent medical findings regarding the organic underpinnings of mental illnesses, private insurers generally do not provide health insurance coverage for the treatment of these brain diseases at the same coverage levels as for other physical illnesses. In fact, "[m]ost private insurers require larger co-payments and set lower …

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Criminal Trespass And The Exclusionary Rule In Texas., Paul R. Stone, Henry De La Garza Jan 1993

Criminal Trespass And The Exclusionary Rule In Texas., Paul R. Stone, Henry De La Garza

St. Mary's Law Journal

In State v. Hobbs, the Texas Fourth Court of Appeals held a warrantless intrusion by police onto private property to obtain evidence constitutes criminal trespass under Section 30.05 of the Texas Penal Code. The resulting evidence falls within the exclusionary rule and this article considers whether this protection, which goes beyond constitutional guarantees, is necessary or desirable. The first part of this paper reviews existing federal and state constitutional protections against unreasonable searches. Next, the paper analyzes the history and purpose of criminal trespass and the exclusionary rule in Texas. Finally, the paper considers a question the court of appeals …

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Private Property And Russia's Leap Of Faith., Douglas R. Haddock Jan 1993

Private Property And Russia's Leap Of Faith., Douglas R. Haddock

St. Mary's Law Journal

Popular notions of property are enshrined in constitutional protections which seem to make quite clear society’s emphasis on the individual’s preeminence in matters of property. Americans have never been able to accept the “socialist ownership” notions of the Soviet Union and other socialist countries as a viable scheme of property. It is probably irrefutable that the application of socialist ownership principles in the Soviet Union has been less efficient than the American model of private ownership. Yet, it is reactionary to entirely condemn the idea of socialist ownership and conclude the downfall of the Soviet Union proved the “rightness” of …

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