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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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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. Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

Legal Fiction, James Boyle

Faculty Scholarship

No abstract provided.


Teaching Tolerance, Robert F. Nagel Jan 1987

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.


Rationalism In Constitutional Law, Robert F. Nagel Jan 1987

Rationalism In Constitutional Law, Robert F. Nagel

Publications

No abstract provided.


The Brilliant, The Curious, And The Wrong, Pierre Schlag Jan 1987

The Brilliant, The Curious, And The Wrong, Pierre Schlag

Publications

No abstract provided.


Law And Morality: A Kantian Perspective, George P. Fletcher Jan 1987

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 Jan 1987

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 Dec 1986

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 Dec 1986

Alternative Methodology In Contemporary Jurisprudence: Comments On Dworkin, Philip Soper

Journal of Legal Education

No abstract provided.


The "Natural Law Tradition", John Finnis Dec 1986

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 Dec 1986

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 Dec 1986

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 Nov 1986

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 Nov 1986

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 Nov 1986

Proceedings Of The Conference On Takings Of Property And The Constitution

University of Miami Law Review

No abstract provided.