Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 8371 - 8400 of 9176

Full-Text Articles in Jurisprudence

Container Corporation Of America V. Franchise Tax Board: State Taxation Of Foreign Income And The Worldwide Combined Unitary Method: The United States Supreme Court Passes The Buck To Congress, 17 J. Marshall L. Rev. 587 (1984), Daniel Frommeyer Jan 1984

Container Corporation Of America V. Franchise Tax Board: State Taxation Of Foreign Income And The Worldwide Combined Unitary Method: The United States Supreme Court Passes The Buck To Congress, 17 J. Marshall L. Rev. 587 (1984), Daniel Frommeyer

UIC Law Review

No abstract provided.


Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson Jan 1984

Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


On Complaining About The Burger Court, Robert F. Nagel Jan 1984

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.


The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler Jan 1984

The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler

Cardozo Law Review

No abstract provided.


Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett Jan 1984

Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett

Cardozo Law Review

No abstract provided.


Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne Jan 1984

Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne

Faculty Scholarship

With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.


Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman Jan 1984

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.


The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller Jan 1984

The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller

Publications

No abstract provided.


Aspects Of Puritan Jurisprudence; Comment On Berman, Revolution And Law: Ii The Puritan Revolution And English Law, Barbara Aronstein Black Jan 1984

Aspects Of Puritan Jurisprudence; Comment On Berman, Revolution And Law: Ii The Puritan Revolution And English Law, Barbara Aronstein Black

Faculty Scholarship

In his learned and informative lecture on the Puritan Revolution and English law, Professor Berman tells us that England in the seventeenth century witnessed fundamental, revolutionary change, both religious and legal; a "Puritan belief system" became dominant and the English constitution and laws were transformed. According to Professor Berman, while there have been studies of the interconnections between religious change and constitutional change, nobody has attempted to relate overall change in the legal system to change in the belief system. However, "the new law that emerged in England as a result of the upheavals of 1640 and 1689 must be …


A Critique Of Abortion Rights, Richard Stith Oct 1983

A Critique Of Abortion Rights, Richard Stith

Law Faculty Publications

No abstract provided.


Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan Oct 1983

Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan

Buffalo Law Review

No abstract provided.


Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel Sep 1983

Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel

West Virginia Law Review

No abstract provided.


Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer Sep 1983

Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.


The Reason Of The Common Law, Barbara A. Singer Sep 1983

The Reason Of The Common Law, Barbara A. Singer

University of Miami Law Review

Although the present meaning of reason has been reduced to discrete definitions, precise interpretations did not exist in medieval England. Rather, reason was defined by its role in the adjudicatory process. During the late medieval period, reason came to embody the very essence of the common law as courts recognized that it could be used to prevent procedural rules from infringing upon substantive rights. Relying upon Year Book cases and jurisprudential works, the author describes how the chameleon-like character of reason helped to shape the medieval English common law.


Freedom From Claims And Defenses: A Study In Judicial Activism Under The Uniform Commerical Code, Julian B. Mcdonnell Apr 1983

Freedom From Claims And Defenses: A Study In Judicial Activism Under The Uniform Commerical Code, Julian B. Mcdonnell

Scholarly Works

The suggestion that we might today learn something about the judicial process in such a staid area of private law may seem surprising. After all, has not the Federal Trade Commission "repealed" the holder in due course rule thus tossing negotiable instruments into the dust bin? Have not the remaining technical questions been answered by the "detail and rigid precision" of the Uniform Commercial Code so lamented by Professor Gilmore? Surely, the attentive observer of the role of the courts might conclude that there is nothing left for the judicial policy maker in the field of bills and notes. The …


Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young Jan 1983

Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young

Faculty Scholarship

No abstract provided.


Foreword, Allen Hartman Honorable Jan 1983

Foreword, Allen Hartman Honorable

Loyola University Chicago Law Journal

No abstract provided.


Risk Shifting Devices And Third-Party Practice: The Impact Of Skinner And Alvis, Miles J. Zaremski, Paul Cottrell Jan 1983

Risk Shifting Devices And Third-Party Practice: The Impact Of Skinner And Alvis, Miles J. Zaremski, Paul Cottrell

Loyola University Chicago Law Journal

No abstract provided.


Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson Jan 1983

Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Ancillary Jurisdiction: Plaintiffs' Claims Against Nondiverse Third-Party Defendants, Pamela J. Stephens Jan 1983

Ancillary Jurisdiction: Plaintiffs' Claims Against Nondiverse Third-Party Defendants, Pamela J. Stephens

Loyola University Chicago Law Journal

No abstract provided.


Third-Party Actions: A Plaintiff's Perspective, Curt N. Rodin Jan 1983

Third-Party Actions: A Plaintiff's Perspective, Curt N. Rodin

Loyola University Chicago Law Journal

No abstract provided.


Illinois V. Gates: A Paradoxical Version Of "Common Sense", John E. Vranicar Jan 1983

Illinois V. Gates: A Paradoxical Version Of "Common Sense", John E. Vranicar

Loyola University Chicago Law Journal

No abstract provided.


The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar Jan 1983

The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar

Book Chapters

In one sense the Warren Court's "revolution" in American criminal procedure may be said to. have been launched by the 1956 case of Griffin v. Illinois (establishing an indigent criminal defendant's right to a free transcript on appeal, at least under certain circumstances) and to have been significantly advanced by two 1963 cases: Gideon v. Wainwright (entitling an indigent defendant to free counsel, at least in serious criminal cases) and Douglas v. California (requiring a state to provide an indigent with counsel on his first appeal from a criminal conviction). But these were not the cases that plunged the Warren …


Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth Jan 1983

Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth

St. Mary's Law Journal

Abstract Forthcoming.


Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo Jan 1983

Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo

St. Mary's Law Journal

Abstract Forthcoming.


Historic District Zoning: A Texas Overview., Margaret Corning Boldrick Jan 1983

Historic District Zoning: A Texas Overview., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.


Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert Jan 1983

Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert

St. Mary's Law Journal

Abstract Forthcoming.


Franchising In Texas., Mark H. Miller Jan 1983

Franchising In Texas., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.


Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick Jan 1983

Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.


Death Of Conflicts, Mary Jane Morrison Jan 1983

Death Of Conflicts, Mary Jane Morrison

Villanova Law Review (1956 - )

No abstract provided.