Jurisprudence Commons^™

Injection Of Contaminated Drug By Hospital Employee Sufficient To Constitute Sale Of Product For Purposes Of Implied Warranty., James D. Shields

St. Mary's Law Journal

Abstract Forthcoming.

Actual Damages Recoverable For Loss Of Credit Or Injury To Credit Reputation If Proven Natural, Probable, And Foreseeable Consequence Of Breach., Sharon Callaway

St. Mary's Law Journal

Abstract Forthcoming.

Changes In Appellate Review In Criminal Cases Following The 1980 Constitutional Amendment., Carl E.F. Dally, Patricia A. Brockway

St. Mary's Law Journal

Abstract Forthcoming.

Sales Contracts And Impracticability In A Changing World., Thomas Black

St. Mary's Law Journal

Abstract Forthcoming.

Parental Child-Snatching: Out Of A No-Man's-Land Of Law., Wayne Young

St. Mary's Law Journal

Approximately 100,000 parental child-snatchings occur annually. When a parent takes a kidnapped child to another jurisdiction, the injured parent must convince the court to recognize a foreign custody decree and persuade the same court to enforce that decree. Congress enacted the Uniform Child Custody Jurisdiction Act (UCCJA) to eliminate relitigation of custody decrees in other states and end court practices which protect the kidnapping parent. However, the UCCJA does not resolve parental child-snatching because the Act is ineffective in non-adopting states and the Act fails to aid a state in locating the abducting parent. Non-UCCJA states such as Texas have …

The Erosion Of The Noerr Pennington Immunity.

St. Mary's Law Journal

Abstract Forthcoming.

Shipowner Has No Duty To Supervise Or Inspect Cargo Operation Area Once Stevedore Has Begun Cargo Operations, Absent Knowledge Of Defects, Contract Provision, Positive Law, Or Custom., Ken D. Hamilton

St. Mary's Law Journal

Abstract Forthcoming.

Exhaustion Of State Administrative Remedies In A Prerequisite To 42 U.S.C. 1983 Action., Russell W. Heald

St. Mary's Law Journal

Abstract Forthcoming.

Suppression Of Demonstration Permits Represents Invalid Prior Restraint On Free Speech, For Which Temporary Injunctive Relief Appropriate., Diana K. Miller

St. Mary's Law Journal

Abstract Forthcoming.

Admission Of Compelled Psychiatric Testimony At Sentencing Phase Violates Defendant's Fifth And Sixth Amendment Rights., Jane S. Snow

St. Mary's Law Journal

Abstract Forthcoming.

Trial Judge Required, Upon Proper Request, To Instruct Jury Not To Draw Adverse Inferences From A Defendant's Failure To Testify., Susan L. Gellis

St. Mary's Law Journal

Abstract Forthcoming.

Control Group Test Unacceptable As Standard For Assertion Of Attorney-Client By Corporations., Thomas D. Anthony

St. Mary's Law Journal

Abstract Forthcoming.

Manufacturing Process Which Includes Use Of Mathematical Formula And Computer Program Constitutes Patentable Subject Matter., Edward W. Roush Jr.

St. Mary's Law Journal

Abstract Forthcoming.

In Defense Of Fundamental Rights, W. J. Fenrick

Dalhousie Law Journal

The central question dealt with by William E. Conklin inIn Defense of Fundamental Rights is "Why are fundamental rights considered fundamental?" (p. 2). In Part I he looks at traditional juridical answers to this question (all of which he finds unacceptable). In Part II he turns to the answers of philophers, in particular John Stuart Mill and John Rawls, and then goes on to formulate his own view as to what is, in his words, "the ultimate norm in a democratic society" (p.6). Lastly he makes use of this norm to determine which rights are fundamental and when they may …

Section 1983: Doctrinal Foundations And An Empirical Study, Theodore Eisenberg

Cornell Law Faculty Publications

What 'Counts' As Law?, Anthony D'Amato

Faculty Working Papers

A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …

Factors Etc., Inc. V. Pro Arts, Inc.: Deference To Circuit Court Rulings On State Law, 15 J. Marshall L. Rev. 499 (1982), James Balog

UIC Law Review

No abstract provided.

Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert

St. Mary's Law Journal

Abstract Forthcoming.

Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Book Review, Charles F. Wilkinson

Publications

No abstract provided.

Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox

Cardozo Law Review

No abstract provided.

The Iranian Litigation: Implications For American Business Interests, Charles G. Labella

Cardozo Law Review

No abstract provided.

Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach

St. Mary's Law Journal

Abstract Forthcoming.

Civil Procedure - In Personam Jurisdiction - In Personam Jurisdiction May Be Exercised Over A Foreign Corporation Which Has Engaged In Continuous And Substantial Business Transactions In Texas For Cuases Of Action Unrelated To Those Transactions., David H. Brock

St. Mary's Law Journal

Abstract Forthcoming.

Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert

St. Mary's Law Journal

Abstract Forthcoming.

Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.

Neither Conservation Amendment Nor Police Power Of State Justifies The Taking Of Vested Riparian Rights Without Compensation Under Texas Water Rights Adjudicated Act Of 1967., Janet M. Drewry

St. Mary's Law Journal

Abstract Forthcoming.

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.

Editor's Introduction, Richard H. Weisberg

Articles

The article introduces a special issue of a journal dedicated to the field of Law and Literature, showcasing essays that highlight the enduring relevance of literary works in understanding legal themes and structures. It emphasizes the significance of Kafka's The Trial and other works by authors like Dickens and Chaucer in exploring legal systems and their societal impact. The issue also underscores the importance of interdisciplinary scholarship in advancing the field, demonstrating its ability to attract new voices and perspectives.

Reason And Law (Book Review), George C. Christie

Faculty Scholarship

Reviewing Chaim Perelman, Justice, Law and Argument: Essays in Moral and Legal Reasoning (1980)