Jurisprudence Commons^™

The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler

Cardozo Law Review

No abstract provided.

Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett

Cardozo Law Review

No abstract provided.

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.

Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

The Reason Of The Common Law, Barbara A. Singer

University of Miami Law Review

Although the present meaning of reason has been reduced to discrete definitions, precise interpretations did not exist in medieval England. Rather, reason was defined by its role in the adjudicatory process. During the late medieval period, reason came to embody the very essence of the common law as courts recognized that it could be used to prevent procedural rules from infringing upon substantive rights. Relying upon Year Book cases and jurisprudential works, the author describes how the chameleon-like character of reason helped to shape the medieval English common law.

Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson

Villanova Law Review (1956 - )

No abstract provided.

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.

Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

The Justice Conundrum, Marshall J. Breger

Villanova Law Review (1956 - )

No abstract provided.

The Persistence Of Classical Style, Patrick O. Gudridge

Articles

No abstract provided.

First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler

Cardozo Law Review

No abstract provided.

Vested Seniority Rights: A Conceptual Approach, Francis A. Citera

University of Miami Law Review

Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.

How Courts Govern America, H. John Rogers

West Virginia Law Review

No abstract provided.

What 'Counts' As Law?, Anthony D'Amato

Faculty Working Papers

A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …

Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox

Cardozo Law Review

No abstract provided.

The Iranian Litigation: Implications For American Business Interests, Charles G. Labella

Cardozo Law Review

No abstract provided.

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.

Ideas Of Relevance To Law, Mortimer J. Adler

West Virginia Law Review

No abstract provided.

All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins

West Virginia Law Review

No abstract provided.

Lon Fuller And Substantive Natural Law, Anthony D'Amato

Faculty Working Papers

I will contend that Fuller's secular or "procedural" natural law, as described by Moffat, does not cover the theoretical position that could be occupied by a substantive natural lawyer, that such a theoretical position is viable today, and that there are some key elements in Fuller's theory that actually conflict with substantive natural law and might therefore be criticized from that perspective.

The Language And Logic Of Law: A Case Study, David N. Haynes

University of Miami Law Review

Law is a social practice that consists of argument, in large part. This article is a case study of legal argument. The author has undertaken the study in the belief that the forms assumed by legal argument relate to lawyers' conscious or unconscious understanding about what is persuasive in a given legal context. One can articulate these understandings by identifying and describing particular forms of argument and by determining the circumstances in which lawyers use each form. The author examines a set of Supreme Court opinions, using as a guide one of the few contemporary attempts to organize and classify …

Professor Nagel's Reflections On Cardozo, Anthony D'Amato

Cardozo Law Review

In the first issue of the Cardozo Law Review, Professor Ernest Nagel, in Reflections on "The Nature of the Judicial Process," criticized Justice Cardozo's professed abandonment of the distinction between custom and law. Professor Anthony DAmato, in Judicial Legislation, argued that Cardozo's opinions belied his assertion of the necessity for judicial legislation, and adhered generally to the theory that cases should be decided in accordance with law as it is found, rather than made, by judges.

In this commentary, Professor D'Amato argues that Professor Nagel's assertion of a distinction between law and custom is inconsistent with the development of the …

Professor D'Amato On Law And Custom: A Rejoinder, Ernest Nagel

Cardozo Law Review

No abstract provided.

Theories Of Professors H.L.A. Hart And Ronald Dworkin - A Critique, John W. Van Doren

Cleveland State Law Review

This article will attempt to summarize the views of Professors Hart and Dworkin and engage in a critical evaluation of their thinking to demonstrate what will be perceived as a disparity between their theories and the way the legal machinery operates today.

Finance, Rules And The Indexation Of Brazilian Government Bonds, Mark J. Roe

Vanderbilt Journal of Transnational Law

In roughly a dozen years, Brazil has created a sophisticated multi-billion dollar system of public debt in the midst of an unpredictable inflationary financial climate. During this time the government bonds were initially all indexed against inflation; the obligations were automatically periodically adjusted in accordance with price index changes. However, as shall be seen, the indexation of the bonds was not necessarily the cause of the expansion of the market for public debt.

The legal-economic mechanism of Brazilian indexation is not widely understood in the United States. The method used to calculate the index that provides the basis for readjusting …

Cook, Oliphant, And Yntema: The Scientific Wing Of American Legal Realism (Part Ii), S. N. Verdun-Jones

Dalhousie Law Journal

Following the lead of John Dewey, Cook, Oliphant, and Yntema pointedly eschewed discussion of ultimate values in terms of their intrinsic "goodness". Their own course of action was to press for the application of scientific method - or Dewey's "method of intelligence" - to the field of ethics. The clear message imparted by their approach was the compelling need for the proponents of particular values to consider the means available for the achievement of their ideals; such consideration, it was argued, would both heighten commitment to goals which were proved to be capable of attainment within a given social context …

Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato

Faculty Working Papers

The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of long­term uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.

The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards

Cardozo Law Review

No abstract provided.

Reflections On "The Nature Of The Judicial Process", Ernest Nagel

Cardozo Law Review

More than half a century has gone by since Cardozo delivered the three series of lectures, subsequently published in three wellknown books, in which he presented his philosophy of law with impressive learning and arresting (but sometimes distracting) eloquence. His jurisprudential views as well as his judicial decisions were influential in his lifetime; and his philosophical writings continue to be read, though it is difficult to say how widely or with what effect on their readers. In any event, during the past fifty years there has been a renaissance of active interest in legal philosophy, in this country as well …

The Moral Element In Cardozo's Jurisprudence, Stanley C. Brubaker

Cardozo Law Review

No abstract provided.