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Articles 1021 - 1050 of 1390
Full-Text Articles in Jurisprudence
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Scholarly Articles
None available.
Objectivity And Democracy, David K. Millon
Objectivity And Democracy, David K. Millon
Scholarly Articles
As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive "language-game" …
The Jurisprudence Of Affirmative Action: Equality In Abstraction And Application, Alec Anthony Izzo
The Jurisprudence Of Affirmative Action: Equality In Abstraction And Application, Alec Anthony Izzo
St. Thomas Law Review
Analyzing the results in affirmative action cases decided in the last fourteen years tends to invite specious observations. For example, it is true that only 50% of the affirmative action plans reviewed by the Supreme Court withstand constitutional attack, while 80% withstand federal statutory attack. Additionally, more than half of the Court's affirmative action opinions have been authored by Justice Brennan and in each case the challenged plan has been approved. Further, two cases evaluating the constitutional merits of affirmative action were written by Justice Powell, whose opinions resulted in findings of unconstitutionality, and whose language echoes long beyond his …
The Myth Of Retributive Justice, Brian Slattery
The Myth Of Retributive Justice, Brian Slattery
Articles & Book Chapters
In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to …
The Last Emperor?, Allan C. Hutchinson
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
Current legal debates on the Charter of Rights and Freedoms in Canada have focused on the apparent shift in the location of power from elected representatives to the judiciary since 1982. In this paper, I take an historical perspective on that issue. I will explore the relationship of political power, as exercised by the judiciary through the interpretation of legislation, with concepts of parliamentary supremacy in Saskatchewan during the fist half of this century.
The paper first describes the political character of the judiciary in Saskatchewan from 1905 until 1941, and then describes the political movements which gave rise to …
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Publications
No abstract provided.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Touro Law Review
No abstract provided.
Writing For Judges, Pierre Schlag
A Mirror For The Magistrate, Paul Campos
A Meditation On The Theoretics Of Practice, Robert Dinerstein
A Meditation On The Theoretics Of Practice, Robert Dinerstein
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Testing Right - Lying In View Of Justice, Peter Fenves
Testing Right - Lying In View Of Justice, Peter Fenves
Cardozo Law Review
Walter Benjamin: Justice, Right and the Critique of Violence
Comment On Fenves And Heller, M. M. Slaughter
Comment On Fenves And Heller, M. M. Slaughter
Cardozo Law Review
No abstract provided.
Civil Disobedience And Deconstruction, Drucilla Cornell
Civil Disobedience And Deconstruction, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Carno-Phallogocentrism, Gary L. Francione
Law And Right, William J. Richardson
The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky
The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky
Cardozo Law Review
No abstract provided.
Decision And Inference, Peter Tillers
The Nature Of Juridicial Proof, Ronald J. Allen
The Nature Of Juridicial Proof, Ronald J. Allen
Cardozo Law Review
No abstract provided.
The Blue Bus Stop: On Professors' Stories And The Stories Plantiffs Tell, James Brook
The Blue Bus Stop: On Professors' Stories And The Stories Plantiffs Tell, James Brook
Cardozo Law Review
No abstract provided.
Extending The Conversation About Bayes, Bernard Robertson, G. A. Vignaux
Extending The Conversation About Bayes, Bernard Robertson, G. A. Vignaux
Cardozo Law Review
No abstract provided.
Refocusing The New Evidence Scholarship, Terence J. Anderson
Refocusing The New Evidence Scholarship, Terence J. Anderson
Cardozo Law Review
No abstract provided.
In The Cauldron Of Jurisprudence: The View From Within The Stew, P. John Kozyris
In The Cauldron Of Jurisprudence: The View From Within The Stew, P. John Kozyris
Journal of Legal Education
No abstract provided.
Teaching Transformative Jurisprudence, Vincent Robert Johnson
Teaching Transformative Jurisprudence, Vincent Robert Johnson
Journal of Legal Education
No abstract provided.
Foreword, David Rudenstine
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
Precedent And Authority In Antonin Scalia’S Jurisprudence, Robert A. Burt
Precedent And Authority In Antonin Scalia’S Jurisprudence, Robert A. Burt
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
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
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