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Articles 8221 - 8250 of 9176
Full-Text Articles in Jurisprudence
A Last Word On Eminent Domain, Richard A. Epstein
A Last Word On Eminent Domain, Richard A. Epstein
University of Miami Law Review
No abstract provided.
Foreword, Kevin Dorse
An Outline Of Takings, Richard A. Epstein
An Outline Of Takings, Richard A. Epstein
University of Miami Law Review
No abstract provided.
The Malthusian Constitution, Thomas C. Grey
The Malthusian Constitution, Thomas C. Grey
University of Miami Law Review
No abstract provided.
The Consequences Of Conceptualism, Margaret Jane Radin
The Consequences Of Conceptualism, Margaret Jane Radin
University of Miami Law Review
No abstract provided.
Two Faces Of Liberalism, Cass R. Sunstein
Two Faces Of Liberalism, Cass R. Sunstein
University of Miami Law Review
No abstract provided.
Comments On Carlson's Comments, John L. Hanks
Comments On Carlson's Comments, John L. Hanks
Cardozo Law Review
No abstract provided.
The Controversy Concerning The Sotheby Sale, J. David Bleich
The Controversy Concerning The Sotheby Sale, J. David Bleich
Cardozo Law Review
No abstract provided.
Judicial Notice: An Essay Concerning Human Misunderstanding, E.F. Robert
Judicial Notice: An Essay Concerning Human Misunderstanding, E.F. Robert
Washington Law Review
Articles limning the law pertaining to judicial notice are legion, and the footnotes which have been cite checked by generations of law review editors must number in the thousands. These articles assume that reason, properly employed, produces correct answers. They assume that disagreements can be resolved by reason, because it is self-evident that any problem, once identified, can be solved. Reflected here are the presuppositions of lawyers brought up in the Western legal tradition. What if one were to doubt that reason necessarily governed the behavior of lawyers? What if one doubted as well that all problems were susceptible to …
The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard
The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard
Dalhousie Law Journal
This essay is a discussion of the formalization in law of a dichotomy between a natural, private order on the one hand, and a public sphere of state action and citizenship on the other. The discussion takes place in the context of equality rights and of the philosophical tensions that underlie the delineation of rights in general. Two legal phenomena are examined: state action doctrine as it has developed in American equal protection jurisprudence under the Fourteenth Amendment and separate sphere ideology as a rationalization for sexual discrimination. Under each doctrine, judicial denial of relief is predicated on a pre-ordained …
Social Science "Theory" And The Legal Decision-Making Process: A Response To Professor Keith 0. Hawkins, Emory Kimbrough, Jr.
Social Science "Theory" And The Legal Decision-Making Process: A Response To Professor Keith 0. Hawkins, Emory Kimbrough, Jr.
Washington and Lee Law Review
No abstract provided.
The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning
The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning
Washington and Lee Law Review
No abstract provided.
The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas
The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas
Washington and Lee Law Review
No abstract provided.
Almost An Age Of Justice, Steve Gey
Almost An Age Of Justice, Steve Gey
Florida State University Law Review
THE UNPUBLISHED OPINIONS OF THE WARREN COURT. By Bernard Schwartz. New York: Oxford University Press. 1985. Pp. 470 . $29.95
Natural Law And Natural Laws, David F. Forte
Natural Law And Natural Laws, David F. Forte
Law Faculty Articles and Essays
Modern science has developed the notion of "natural laws" to describe the apparent sequential patterns of the most complex parts of the physical world. But it cannot tell us what we ought to do about arms production, or human sexuality or abortion or race, or death. Non-teleological science can no more tell us that nuclear fusion is immoral than it can tell us what is the natural purpose of the solar system. Natural Law, however, can tell us what ought to be done in light of the nature of law. If indeed the nature of law is that it is …
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Articles
The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …
Up From Feudalism: Harold Berman On The Canonical Origins Of Western Law (Review Of Berman: Law And Revolution: The Formation Of The Western Legal Tradition. Reviewed By Richard E. Rubenstein, Richard E. Rubenstein
Up From Feudalism: Harold Berman On The Canonical Origins Of Western Law (Review Of Berman: Law And Revolution: The Formation Of The Western Legal Tradition. Reviewed By Richard E. Rubenstein, Richard E. Rubenstein
Antioch Law Journal
No abstract provided.
Summary Judgment, Motions To Dismiss, And Other Examples Of Equilibrating Tendencies In The Antitrust System, Stephen Calkins
Summary Judgment, Motions To Dismiss, And Other Examples Of Equilibrating Tendencies In The Antitrust System, Stephen Calkins
Law Faculty Research Publications
No abstract provided.
Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman
Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman
Michigan Law Review
A Review of Jurisprudence: A Descriptive and Normative Analysis of Law by Anthony D'Amato
A Heresy In The Ordinary Religion: Jurisprudence In The First Year Curriculum, Thomas P. Huff
A Heresy In The Ordinary Religion: Jurisprudence In The First Year Curriculum, Thomas P. Huff
Journal of Legal Education
No abstract provided.
The Moral Dilemma Of Positivism, Anthony D'Amato
The Moral Dilemma Of Positivism, Anthony D'Amato
Faculty Working Papers
I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have …
Kennan And Human Rights, Gordon A. Christenson
Kennan And Human Rights, Gordon A. Christenson
Faculty Articles and Other Publications
This essay seeks understanding of his view of normative thinking in foreign policy, whether moral or legal, and the implications from the perspective of human rights in an unfriendly world. It criticizes his conceptual presuppositions to gain clarity, posing paradoxes and dilemmas regarding their normative quality within the present structure of international relations.
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
Articles
No abstract provided.
The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley
The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley
Touro Law Review
No abstract provided.
The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson
The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson
UIC Law Review
No abstract provided.
Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker
Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker
St. Mary's Law Journal
Abstract Forthcoming.
Texas' Interstate Water Compacts., Paul Elliott
Texas' Interstate Water Compacts., Paul Elliott
St. Mary's Law Journal
Abstract Forthcoming.
Government Nonacquiescence Case In Point: Social Security Litigation
Government Nonacquiescence Case In Point: Social Security Litigation
Touro Law Review
No abstract provided.
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
St. Mary's Law Journal
A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …
The Profession As A Moral Teacher Legal Essay., Thomas Shaffer
The Profession As A Moral Teacher Legal Essay., Thomas Shaffer
St. Mary's Law Journal
Abstract Forthcoming.