Jurisprudence Commons^™

Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins

Publications

No abstract provided.

Normative And Nowhere To Go, Pierre Schlag

Publications

No abstract provided.

Meeting The Enemy, Robert F. Nagel

Publications

No abstract provided.

The First Amendment In An Age Of Paratroopers, David Skover, Ronald Collins

Faculty Articles

As the lead piece in a Colloquy entitled The First Amendment and the Paratroopers' Paradox, this article argues that today's free speech theory is largely grounded in 18th Century fears of government's tyrannical censorship. This theory is ill-equipped to deal with a distinct tyranny in 21st Century America, a tyranny playing upon the public's insatiable appetite for amusement. Those who venture to develop free speech principles to suit a new cultural environment are the First Amendment paratroopers of our time, the ones who realize that we cannot retain our old constitutional prerogatives in a transformed world. The Paratroopers' Paradox: To …

Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson

Cardozo Law Review

No abstract provided.

Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan

Cardozo Law Review

No abstract provided.

Law Without Mind, Steven D. Smith

Michigan Law Review

A large part of the work done by lawyers and judges involves the interpretation of enacted law - primarily, statutes and the Constitution. Not surprisingly, legal scholars offer a good deal of advice, usually unsolicited, about how the task of interpretation should be performed. At present, such scholarly advice commonly recommends variations on an approach that may be called "present-oriented interpretation." This approach discourages judges from equating a law with its historical meaning or "original understanding." Instead, it urges them to construe statutes and constitutional provisions in a way that will render the law "the best it can be" in …

Pushing Aside The General Rule In Order To Raise New Issues On Appeal, Rhett R. Dennerline

Indiana Law Journal

No abstract provided.

Nomos And Thanatos (Part A). The Killing Fields: Modern Law And Legal Theory, Richard F. Devlin

Dalhousie Law Journal

Law, is so far as it sanctions the coercive power of the state, enables people to do frightening - even deadly - things to each other. Contemporary jurisprudence, the explanatory and justificatory voice of legal practice, fails to interrogate law's interconnection with violence and death and therefore, by a sin of omission, legitimizes humankind's mutual inhumanity. The end result is jurisprudential tolerance of, and acquiescence in, societies underpinned by violence. By identifying the nexus between community (nomos) and death (thanatos), this, admittedly speculative, essay attempts to raise the possibility of a discourse, practice and society that can encourage, reflect and …

Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan

Dalhousie Law Journal

In this century mainstream legal scholarship in the United States has been subjected to various "crises of confidence" over the nature of the adjudication process. One of the key features of more traditional legal scholarship has been a belief in legal texts such as the constitution, statutes and precedents which are said to possess discrete and objective meaning capable of being discovered by objective detached observers. This belief in the authority of the text has been most clearly expressed in American constitutional law scholarship which has been dominated until recently by the quest to reveal the public moral values that …

Truth, Strangers, And Fiction: The Illegitimate Uses Of Legal Ficton In Immigration Law, Ibrahim J. Wani

Cardozo Law Review

No abstract provided.

The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav

Faculty Scholarship

This article looks at the institutional and jurisprudential development of the Israeli Supreme Court in its early stages.

Sources Of Judicial Distrust Of Social Science Evidence: A Comparison Of Social Science And Jurisprudence, Constance R. Lindman

Indiana Law Journal

No abstract provided.

Legal Pragmatism In The People's Republic Of China, Xingzhong Yu

Cornell Law Faculty Publications

No abstract provided.

The Politics Of Common Law In Theory And History, Ian Duncanson

Osgoode Hall Law Journal

This paper is concerned with the theme of law as an outsider, in theory and practice, and with its appearance as the cohesive force which intervenes to make social order possible. In the first part of the paper I look at two legal theories and at two examples of what I take to be liberal historiography. In the second part I discuss the English common law, and the implications of its close association with agrarian capitalism and City of London finance.

Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg

Articles

The article critiques Richard A. Posner's book Law and Literature: A Misunderstood Relation, arguing that while it offers a comprehensive analysis of law-related literature, it reflects Posner's authoritarian bias and dismisses literature's critical potential to challenge legal authority. Posner's approach is seen as overly deductive and dismissive of literary insights that question legal power structures.

Book Review Of Abortion And Divorce In Western Law, Joan M. Krauskopf

Journal of Legal Education

No abstract provided.

Are Citizens Justified In Being Suspicious Of The Law And The Legal System?, William J. Brennan Jr.

University of Miami Law Review

No abstract provided.

Running On Empty: Justice Brennan's Plea, The Empty State, The City Of Richmond, And The Profession, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

Harry Kalven, The Proust Of The First Amendment, Lee Bollinger

Michigan Law Review

A Review of A Worth Tradition: Freedom of Speech in America by Harry Kalven, Jr.

In Defense Of Modern Legal Positivism, Peter Mirfield

Florida State University Law Review

Professor Mirfield uses the example of a recent casebook to show that the process of excerpting passages from various writings about jurisprudence as a method of introducing the study of jurisprudence has very grave dangers attached to ti. These dangers are demonstrated by "The World of Rules: The Jurisprudence of Positivism," a chapter of Michael Reisman and Aaron M. Schreiber's Understanding and Shaping Law. Professor Mirfield contends that Reisman and Schreiber's presentation of positivism is complete and is, in places, framed with inaccurate summaries and characterizations.

Rethinking Absolute Priority After Ahlers, John D. Ayer

Michigan Law Review

There was no evident reason why the Supreme Court granted certiorari in Norwest Bank Worthington v. Ahlers. It can be conceded that the issue was important: in the midst of an agricultural depression, a farmer was trying to hang onto his farm without paying the full amount of his bank debt. The farmer argued that he ought to be able to do so because he was offering to contribute "new value" beyond what he was obliged to contribute - specifically, his efforts as a farmer.

For Ahlers is a case with a past, as well as a future. Thus, in …

Contradiction And Critical Legal Studies, David G. Carlson

Cardozo Law Review

No abstract provided.

Hegel And Employment At Will: A Comment, Richard A. Posner

Cardozo Law Review

No abstract provided.

Hegel And Postmodernity, Dennis M. Patterson

Cardozo Law Review

No abstract provided.

Lucinde's Shame: Hegel, Sensuous Woman, And The Law, David Farrell Krell

Cardozo Law Review

No abstract provided.

Hegel, Legal Status, And Otherness, William Desmond

Cardozo Law Review

No abstract provided.

Hegel: A User's Manual, Richard Hyland

Cardozo Law Review

No abstract provided.

Law Thinking Itself: The Idealism Of International Law, Harry Brod

Cardozo Law Review

No abstract provided.

Persons And Masks: The Phenomenology Of Spirit And Its Laws, Robert Bernasconi

Cardozo Law Review

No abstract provided.