Jurisprudence Commons^™

Contract And Uncertainty: The Reformation Of An International Business Agreement, Joan A. Lipton

Cardozo Law Review

No abstract provided.

Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio

Indiana Law Journal

This article was delivered on March 15 & 16, 1979, at the Indiana University School of Law, Bloomington, as a part of the Addison C. Harris lecture series.

Crime, Punishment And Responsibility, T. Brian Hogan

Villanova Law Review (1956 - )

No abstract provided.

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

ACCESS TO ENERGY: 2000 AND AFTER

By Melvin A. Conant

Lexington: The University Press of Kentucky, 1979. Pp. 134.

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THE CHEYENNE WAY: CONFLICT AND CASE LAW IN PRIMITIVE JURISPRUDENCE

By K.N. Llewellyn and E. Adamson Hoebel Norman:

University of Oklahoma Press, 1978. Pp. 360.

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CHINESE LEGAL TRADITION UNDER THE MONGOLS: THE CODE OF 1291 AS RECONSTRUCTED

By Paul Heng-chao Ch'en.

Princeton: Princeton University Press, 1979. Pp. 205.

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EUROPEAN CAPITAL MARKETS: TOWARDS A GENERAL THEORY OF INTERNATIONAL INVESTMENT

By Bruno H. Solnik

Lexington, Massachusetts: Lexington Books, 1973. Pp. 114.

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MODERN INTERNATIONAL LAW

By R.C. Hingorani

Oceana: Dobbs …

Judicial Legislation, Anthony D'Amato

Cardozo Law Review

No abstract provided.

Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum

Cardozo Law Review

No abstract provided.

The Defense Of Necessity In Texas: Legislative Invention Come Of Age, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.

In The Eyes Of The Beholder: The Exercise Of Equitable Discretion In Federal Habeas Corpus, David Zwiebel

Cardozo Law Review

No abstract provided.

The Courts And Social Policy: Substance And Procedure, Henry J. Friendly

University of Miami Law Review

Judge Friendly admits that the courts must address themselves in some instances to issues of social policy. He would prefer, however, that a court rest its decision on an ascertainable jural principle rather than support its decision on the basis of its conception of what is desirable social policy. When courts do rely on social or economic data, they should observe procedural fairness as a goal in its own right and as a tool towards obtaining correct and complete information. When the economic and social data is indeterminate, a court should refuse to base its decision on such information. If …

Beyond Legitimacy, Steven Wisotsky

University of Miami Law Review

The author analyzes the scholarly debate over the legitimacy of the institution of judicial review. He suggests that, as a reaction to unjustified criticism of the institution, defenders of judicial review have articulated propositions which advance constitutional jurisprudence beyond the issue of legitimacy. He argues that the time has come for courts to de-emphasize prudential considerations and to concentrate on the substantive correctness of their decisions and on the standards of review which the courts employ.

Authority And Autonomy: The State, The Individual And The Family, M. David Gelfand

University of Miami Law Review

This commentary focuses primarily upon the views expressed by Justice Rehnquist in his de Hirsch Meyer lecture. The author argues that a corollary to Justice Rehnquist's view that the judiciary should defer to the authority of private institutions over the individual, to protect those institutions, would be to adopt a judicial attitude of supporting private institutions against legislative interference. An examination of Justice Rehnquist's judicial opinions in the area of constitutional family law reveals exactly the opposite position. The author concludes that Justice Rehnquist's position of judicial deference to legislative decisions over the family may lead to destruction of the …

The Judging Class, Kenneth M. Casebeer

University of Miami Law Review

The author traces the common thread running through the analysis of judicial review by the symposium speakers. He posits that while all three speakers support equally activist positions, their allegiance to divergent values and political theories results in their opposed statements on the activist debate. He compares the dialogue in this symposium to that of the Justices in the 1940's, which discourse explicitly was grounded in a struggle over values. The author concludes that courts must structure the form of their opinions in a manner which clearly demonstrates the relationship between the chosen social values and the resulting decision.

The Adversary Society: Keynote Address Of The Third Annual Baron De Hirsch Meyer Lecture Series, William H. Rehnquist

University of Miami Law Review

In recent years litigants have pressed the courts to resolve disputes which were formerly regulated by other social and political institutions. Mr. Justice Rehnquist stresses the crucial importance of nongovernmental institutions in our society. He discusses the need to evaluate the disruptive effect of an adversary proceeding between parties who must continue in an ongoing relationship after their dispute has been settled. The author then suggests that in order to preserve certain social institutions, limits must be placed on the use of adversary proceedings.

Seven Pluralist Fallacies: In Defense Of The Adversary Process-A Reply To Justice Rehnquist, Laurence H. Tribe

University of Miami Law Review

The author analyzes the role of litigation in a pluralistic society through his discussion of the "pluralist's fallacies," seven characteristic errors underlying much opposition to judicial activism. He advocates a large and active role for the adversary process in order to ensure that less established groups have a forum in which to protect their interests.

Irvin C. Rutter, Gordon A. Christenson

Faculty Articles and Other Publications

Tribute to legal scholar, Irvin Rutter.

Book Review, Igor I. Kavass

Vanderbilt Journal of Transnational Law

The limited use of American case law in the Commonwealth countries should not be surprising. With the exception of English cases, the decisions of other Commonwealth countries receive the same indifferent treatment in all Commonwealth jurisdictions; the English courts studiously ignore the decisions of other Commonwealth countries. For that matter, American courts do not consult the case law of English and other Commonwealth countries all too frequently. Espinoza v. Farah Manufacturing Co. is a recent example in point. In that case, the Supreme Court was asked to interpret the meaning of the terms "nationality" and "national origin" as used. in …

The Jurisprudence Of Judge Hardy Cross Dillard, Charles E.M. Kolb

Vanderbilt Journal of Transnational Law

The purpose of this article is to provide a critical assessment of Judge Dillard's performance during his tenure on the International Court of Justice. Much of this article will be "jurisprudential" in scope, endeavoring to examine developments in international legal theory and international organizations during the past two decades and to assess recent decisions written by the Court. The approach will in part be an institutional one, taking into consideration the ability of an individual member of the Court to shape decisional outcomes of an international body which must resolve contentious litigation and render advisory opinions within the structure of …

Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Nearly thirty years have passed since the publication of Professor Lon L. Fuller's The Case of the Speluncean Explorers, in which a fictional court expounded upon the manifold ways in which certain harsh necessities, externally imposed upon common people, can test the rules of the criminal law. The instant case is not in- tended to parody the Speluncean Explorers, but rather to complement it with the inverse theme: the singular defendant is a psychologically extraordinary individual existing in a relatively mundane environment. The Atheistic Solipsist provides the opportunity for consideration of the ways internal forces of great intensity can shape …

Can/Should Computers Replace Judges?, Anthony D'Amato

Faculty Working Papers

Speculates concerning judicial decision-making to test, at least theoretically, what some of the implications of jurisprudential advances might be. Proposes as the means of making this test a consideration of whether a computer may be so programmed as to replace the judicial function of judges.

Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas

Indiana Law Journal

No abstract provided.

Further Steps Toward A General Theory Of Freedom Of Expression, Alan E. Fuchs

William & Mary Law Review

No abstract provided.

Justice And Legal Reasoning, William T. Blackstone

William & Mary Law Review

No abstract provided.

Justice In Compensation, James W. Nickel

William & Mary Law Review

No abstract provided.

The Morality Of Strict Tort Liability, Jules L. Coleman

William & Mary Law Review

No abstract provided.

Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh

William & Mary Law Review

No abstract provided.

Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones

Dalhousie Law Journal

... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …

Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones

Dalhousie Law Journal

... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …

Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones

Dalhousie Law Journal

... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …

"One Man's Theory .... ": A Metatheoretical Analysis Of H. L. A. Hart's Model Of Law, F. Patrick Hubbard

Maryland Law Review

No abstract provided.