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Articles 8191 - 8220 of 9176
Full-Text Articles in Jurisprudence
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
St. Mary's Law Journal
Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …
Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton
Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton
St. Mary's Law Journal
Abstract Forthcoming.
Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski
Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley
St. Mary's Law Journal
Abstract Forthcoming.
Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling
Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling
St. Mary's Law Journal
Abstract Forthcoming.
Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers
Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers
St. Mary's Law Journal
Abstract Forthcoming.
New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.
New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary
Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary
St. Mary's Law Journal
Abstract Forthcoming.
Texas Statutory Notice Of Lis Pendens: A Deprivation Of Property Interest Without Due Process Comment., Herbert A. Janzen
Texas Statutory Notice Of Lis Pendens: A Deprivation Of Property Interest Without Due Process Comment., Herbert A. Janzen
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Law - Search And Seizure - Closey-Regulated Industry Exception To Fourth Amendment's Warrant Requirement Expanded To Vehicle Dismantling Industry On Basis Of State Regulatory Statute Case Note., L. Eric Friedland
St. Mary's Law Journal
Abstract Forthcoming.
Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt
Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt
St. Mary's Law Journal
Abstract Forthcoming.
Civil Rights - Title Vii - Public Employer May Consider Gender To Promote Employee Without Violating Title Vii Of Civil Rights Act Of 1964 When Enforcing A Valid Affirmative Action Plan Case Note., Marianne Malouf
St. Mary's Law Journal
Abstract Forthcoming.
An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer
An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer
St. Mary's Law Journal
Abstract Forthcoming.
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Publications
No abstract provided.
What Were The "Original Intentions" Of The Framers Of The Constitution Of The United States?, Harry V. Jaffa
What Were The "Original Intentions" Of The Framers Of The Constitution Of The United States?, Harry V. Jaffa
Seattle University Law Review
This Article explains how the doctrine of original intent might be defended as the basis for interpreting the Constitution. The deepest political differences in American history have always been differences concerning the meaning of the Constitution, whether as originally intended, or as amended. Since the Civil War, the debate has often taken the form of a dispute over whether or not the Civil War amendments, notably the fourteenth, have changed the way in which the whole Constitution, and not only the amended parts, is read or interpreted. It is not possible to even discuss how or whether the Civil War …
On Reason And Authority In Law's Empire, John M. Finnis
On Reason And Authority In Law's Empire, John M. Finnis
Journal Articles
Law's Empire will shape jurisprudence by its admirably resourceful attention to understanding a community's law "internally". It promotes reflective understanding of the practical argumentation constitutive of the attitude(s) in which that law subsists. But the book neglects some of practical understanding's resources of political and moral theory, and overestimates practical reasoning's power to identify options as the best and the right)
Legal Fiction, James Boyle
Teaching Tolerance, Robert F. Nagel
Rationalism In Constitutional Law, Robert F. Nagel
The Brilliant, The Curious, And The Wrong, Pierre Schlag
The Brilliant, The Curious, And The Wrong, Pierre Schlag
Publications
No abstract provided.
Law And Morality: A Kantian Perspective, George P. Fletcher
Law And Morality: A Kantian Perspective, George P. Fletcher
Faculty Scholarship
The relationship between law and morality has emerged as the central question in the jurisprudential reflection of our time. Those who call themselves positivists hold with H.L.A. Hart that calling a statute or a judicial decision "law" need not carry any implications about the morality of that statute or decision. Valid laws might be immoral or unjust. Those who resist this reduction of law to valid enactments sometimes argue, with Lon Fuller, that moral acceptability is a necessary condition for holding that a statute is law; or, with Ronald Dworkin, that moral principles supplement valid enactments as components of the …
Philosophy In Bankruptcy, David G. Carlson
Philosophy In Bankruptcy, David G. Carlson
Articles
The article critically examines Jackson's theories on bankruptcy law, arguing that his "creditor's bargain" model is logically inconsistent and lacks empirical support. It highlights flaws in his assumptions of creditor equality and the justification for bankruptcy discharge, ultimately concluding that his work is ad hoc and unverifiable.
Jurisprudence And Legal Philosophy In 20th Century America: Major Themes And Developments, Martin P. Golding
Jurisprudence And Legal Philosophy In 20th Century America: Major Themes And Developments, Martin P. Golding
Journal of Legal Education
No abstract provided.
Alternative Methodology In Contemporary Jurisprudence: Comments On Dworkin, Philip Soper
Alternative Methodology In Contemporary Jurisprudence: Comments On Dworkin, Philip Soper
Journal of Legal Education
No abstract provided.
The "Natural Law Tradition", John Finnis
The "Natural Law Tradition", John Finnis
Journal of Legal Education
No abstract provided.
Critical Legal Studies: An Introduction To Its Origins And Underpinnings, Mark Tushnet
Critical Legal Studies: An Introduction To Its Origins And Underpinnings, Mark Tushnet
Journal of Legal Education
No abstract provided.
Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White
Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White
Journal of Legal Education
No abstract provided.
Takings Of Property And Constitutional Serendipity, Larry Alexander
Takings Of Property And Constitutional Serendipity, Larry Alexander
University of Miami Law Review
No abstract provided.
A Reflection On Epstein And His Critics, Ellen Frankel Paul
A Reflection On Epstein And His Critics, Ellen Frankel Paul
University of Miami Law Review
No abstract provided.
Proceedings Of The Conference On Takings Of Property And The Constitution
Proceedings Of The Conference On Takings Of Property And The Constitution
University of Miami Law Review
No abstract provided.