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Articles 8281 - 8310 of 9176
Full-Text Articles in Jurisprudence
The Historical Background Of Texas Water Law - A Tribute To Jack Pope., Hans W. Baade
The Historical Background Of Texas Water Law - A Tribute To Jack Pope., Hans W. Baade
St. Mary's Law Journal
Abstract Forthcoming.
Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid
Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid
St. Mary's Law Journal
Abstract Forthcoming.
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
St. Mary's Law Journal
Under a traditional approach of the at-will rule, if an employer hires an employee for an indefinite term then the employer may terminate the employee at will. Modification of the at-will rule has gained widespread support throughout the country. A majority of states now follow the progressive view, which allows the employment manual to become part of the labor contract, thereby obligating employers to abide by manual provisions. The progressive view maintains that an employee’s continued service after an employer issues a manual, constitutes ample consideration to make the document binding. Once a court recognizes the existence of independent consideration, …
Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper
Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper
Articles
I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.
The Changing Course: The Use Of Precedent In The District Of Columbia Circuit, Patricia M. Wald
The Changing Course: The Use Of Precedent In The District Of Columbia Circuit, Patricia M. Wald
Cleveland State Law Review
An article by my colleague Judge Edwards uses a series of computer runs from the court's 1983 term to make out a statistical case that our members mostly agree with each other and do not fall into predictable "conservative," “liberal," or even "moderate," voting blocs; labels that the press so dearly loves to pin on us. I agree that our votes in a large number of cases, particularly administrative law cases, do not so easily typecast us. I do, however, think that in the high visibility cases, involving controversial social or "moral" issues, our differences in judicial philosophy, on the …
Mini In Banc Proceedings: A Survey Of Circuit Practices, Steven Bennett, Christine Pembroke
Mini In Banc Proceedings: A Survey Of Circuit Practices, Steven Bennett, Christine Pembroke
Cleveland State Law Review
In banc review was originally intended to resolve conflicts in circuit precedent. Full-scale in banc proceedings, however, are cumbersome, costly and time-consuming. In determining whether to proceed with in banc review, courts appear to weigh the costs of in banc review against its potential benefits. Employing this calculus, courts often forgo in banc review in conflict cases that would otherwise receive such treatment. One solution to this problem is to reduce the cost and delay of in banc proceedings by streamlining the procedure. Recently, several federal circuit courts of appeals have adopted abbreviated forms of in banc review. The purpose …
Legal Semiotics, Susan W. Tiefenbrun
Legal Semiotics, Susan W. Tiefenbrun
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Law's Halo, Donald H. Regan
Law's Halo, Donald H. Regan
Articles
Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation - and I shall clarify what I mean when I say there is no moral obligation to obey the law - as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the law's moral significance. In our thinking about law in a reasonably just society, we have a strong inclination to …
What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan
What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan
Articles
Before I start, let me say two things. First of all, to the extent that John Finnis is entering a plea for more attention to what is a relatively neglected tradition (in the narrow his message a hundred percent. And you courd learning about the natural law tradition than by reading his book, Natural Law and Natural Rights. My second introductory observation is that Finnis and I agree about many more things than you might expect if you just think of him as a natural law theorist and me as a utilitarian. I am very eccentric as a utilitarian. He …
Searching For The Status Quo, Jeremy Paul
Attempting The Impossible: The Emerging Consensus, Ira Robbins
Attempting The Impossible: The Emerging Consensus, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …
The Judge, Marianne Wesson
Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers
Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan
Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan
St. Mary's Law Journal
Abstract Forthcoming.
Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade
Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade
St. Mary's Law Journal
Abstract Forthcoming.
Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner
Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner
St. Mary's Law Journal
Abstract Forthcoming.
Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth
Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth
St. Mary's Law Journal
Abstract Forthcoming.
The University Interscholastic League Of Texas: Who Are These Guys And What Can They Do Symposium On Education Law - Comment., Stephen S. Goodman Iv
The University Interscholastic League Of Texas: Who Are These Guys And What Can They Do Symposium On Education Law - Comment., Stephen S. Goodman Iv
St. Mary's Law Journal
Abstract Forthcoming.
A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr.
A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Renaissance In American Education: The New Role Of The Federal Government - Foreword Symposium On Education Law - Foreword., T.H. Bell
St. Mary's Law Journal
Abstract Forthcoming.
Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof
Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof
St. Mary's Law Journal
Abstract Forthcoming.
Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor
Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor
St. Mary's Law Journal
Abstract Forthcoming.
New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey
New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey
St. Mary's Law Journal
Considerable disagreement persists as to the fourth amendment rights of students within schools. Particularly, this disagreement regards the extent to which fourth amendment rights possessed by students may frustrate reasonable attempts by educators to maintain the order necessary to preserve an educational environment. In New Jersey v. T.L.O., the Supreme Court considered an argument advanced by the State of New Jersey that the “pervasive supervision” of school children diminishes the legitimate expectation of privacy a child may have in property “unnecessarily” brought to school. The Court concluded that the necessity of maintaining security and order in the educational environment was …
Education - Title Ix - Receipt By Private College Students Of Basic Educational Opportunity Grants Constitutes Federal Financial Assistance To The Specific Program Benefited Thereby Requiring Compliance With Title Ix Symposium On Education Law - Case Note., John F. Carroll
St. Mary's Law Journal
Abstract Forthcoming.
Beyond Bok: Historical Jurisprudence In Replacement Of The Enlightment Project, Stephen B. Young
Beyond Bok: Historical Jurisprudence In Replacement Of The Enlightment Project, Stephen B. Young
Journal of Legal Education
No abstract provided.
Why Professor Redish Is Wrong About Abstention, Michael Wells
Why Professor Redish Is Wrong About Abstention, Michael Wells
Scholarly Works
Most critics of the Supreme Court's abstention doctrines have attacked the substantive merits of rules that channel constitutional litigation away from federal courts and into state courts instead. In a recent article, Martin Redish raises an interesting objection to abstention from a different perspective. He addresses the institutional legitimacy of the rules and contends that whatever their merits, rules like these should be made only by Congress and not the Supreme Court, for they contravene Congress' intent to grant federal courts jurisdiction over constitutional claims against state actors. Part I of this article describes the context in which the choice …
Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking
Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking
West Virginia Law Review
No abstract provided.
Trials And The Federal Rules Of Evidence, Roger J. Miner '56
Trials And The Federal Rules Of Evidence, Roger J. Miner '56
Bar Associations
No abstract provided.
Two Models Of The Fourth Amendment, Craig M. Bradley
Two Models Of The Fourth Amendment, Craig M. Bradley
Michigan Law Review
Fourth amendment critics rank in rows, and it has been repeatedly pointed out that individual cases are inconsistent with each other or that whole chunks of doctrine, such as the automobile exception or the plain view exception, are either misconceived, too broad, or too narrow. But these critics all play the Court on its own field, simply arguing as tenth Justices that the doctrines should be tinkered with in different ways than the Court has done. This Article, in contrast, suggests that current fourth amendment law, complete with the constant tinkering which it necessarily entails, should be abandoned altogether. Instead, …
Formal Justice And Judicial Precedent, David Lyons
Formal Justice And Judicial Precedent, David Lyons
Vanderbilt Law Review
This Article concerns an argument which, if sound, would sup-port a doctrine of precedent with unlimited scope-one that would provide some justification, though not overwhelming justification,for following all precedents, however regrettable they may be. The argument holds that respect for precedent is required by the principle that like cases should be treated alike.Although that argument is challenged here, no claim is made that a practice of precedent cannot be justified. The larger purpose of this Article is to clear the way for a systematic inquiry into the sound reasons for, as well as the legitimate scope of, such a practice.