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Articles 1051 - 1080 of 1390
Full-Text Articles in Jurisprudence
Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar
Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar
Cardozo Law Review
No abstract provided.
Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen
Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen
Dalhousie Law Journal
It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …
The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner
The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner
Cardozo Law Review
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 …
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.
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.
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.
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.
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Scholarly Works
The Federal Arbitration Act (the Act), seeks to eliminate centuries of perceived judicial hostility toward arbitration agreements. The Act made written arbitration agreements involving interstate commerce specifically enforceable. It also provided a procedural structure for enforcing awards, which were protected through deferential judicial review. The Act intended to have a wide reach, employing a broad definition of commerce that has presumably grown in breadth along with the expansion of judicial notions of commerce. Although courts applied the Act in tentative and cautious fashion until the 1960's, arbitration gained momentum during the 1970's and the 1980's. Despite growing judicial enthusiasm for …
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"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 …
Rights, Communities, And Tradition, Brian Slattery
Rights, Communities, And Tradition, Brian Slattery
Articles & Book Chapters
This paper argues that there is a close connection between basic human rights and communal bonds. It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
Stances, Pierre Schlag
What's Left?, Guyora Binder
What's Left?, Guyora Binder
Journal Articles
Addressing the future of radical politics at the end of the cold war, this article offers a reconstruction of radical theory around the goal of enabling collaborative self-realization through participatory democratic politics. It offers an interpretation of the radical tradition as defined by a view of human nature as a cultural artifact, and a conception of liberation as the self-conscious transformation of human nature. It proceeds to critique radical theory’s traditional focus on revolution as the means of radical transformation. Distinguishing instrumental and self-expressive conceptions of transformation it critiques revolutionary processes as tending to reproduce instrumental culture. It offers democratic …
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Articles
No abstract provided.
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
Georgetown Law Faculty Publications and Other Works
What is the meaning and content of the "liberty" protected by the due process clause of the fourteenth amendment? In Michael H. v. Gerald D. Justices Brennan and Scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits liberty imposes on state action. Justice Scalia argued that the "liberty" protected by a substantive interpretation of due process is only the liberty to engage in activities historically protected against state intervention by firmly entrenched societal traditions. I will sometimes call this the "traditionalist" interpretation of liberty. Justice Brennan, …
Foreword: Postmodernism And Law, Pierre Schlag
The Problem Of The Subject, Pierre Schlag
Normativity And The Politics Of Form, Pierre Schlag
Normativity And The Politics Of Form, Pierre Schlag
Publications
No abstract provided.
On The Critical Tribunal, Stephen Watson
Deconstruction And The Possibility Of Justice: Comments On Bernasconi, Cornell, Miller, Weber, Judith Butler
Deconstruction And The Possibility Of Justice: Comments On Bernasconi, Cornell, Miller, Weber, Judith Butler
Cardozo Law Review
No abstract provided.
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Cardozo Law Review
No abstract provided.
Judgment After The Fall, Barbara Herrnstein Smith
Judgment After The Fall, Barbara Herrnstein Smith
Cardozo Law Review
No abstract provided.
Resisting Theory, Jonathan Culler
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
Cardozo Law Review
No abstract provided.
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Cardozo Law Review
No abstract provided.
Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson
Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson
Dalhousie Law Journal
To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …
Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste
Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste
Dalhousie Law Journal
Legal positivism is a curious phenomenon in both its theoretical and sociological parts. It is curious as theory because its very existence, as theory, is often questioned, and because, even when its existence is admitted, the nature of the theory, and who does and does not qualify as an adherent most often remains in dispute. It is curious sociologically because rare is the legal theoretician who forthrightly endorses positivism: positivists, it would appear, are as scarce as the formalists among whom they used to be numbered.
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Dalhousie Law Journal
In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …