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Articles 451 - 480 of 563

Full-Text Articles in Legal Profession

Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota Jan 2004

Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota

UIC Law Review

No abstract provided.


Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck Jan 2004

Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck

UIC Law Review

No abstract provided.


Know Justice, Know Peace: Further Reflections On Justice, Equality And Impartiality In Settlement Oriented And Transformative Mediations, Isabelle R. Gunning Jan 2004

Know Justice, Know Peace: Further Reflections On Justice, Equality And Impartiality In Settlement Oriented And Transformative Mediations, Isabelle R. Gunning

Cardozo Journal of Conflict Resolution

In the conversation (or debate) on mediator responsibilities and justice, this Article argues that as mediators we should have a concern for the justness of the outcome of the mediations in which we serve. I have high hopes and expectations for mediation as one important aspect of what I see as a larger and increasingly essential project of peacemaking. But last summer, when I was teaching a basic mediation training course, and I asked my students if they understood themselves to be "peacemakers," they were almost uniformly resistant to the notion. They saw peacemakers as almost "spineless," certainly "wishy-washy," and …


Unsung Hero: The Life Of A Foot Soldier For Justice, Valerie M. Jensen Jan 2004

Unsung Hero: The Life Of A Foot Soldier For Justice, Valerie M. Jensen

William Mitchell Law Review

Review of Frederick L. McGhee: A Life on the Color Line, 1861-1912. By Paul D. Nelson. Minnesota Historical Society Press, 2002. 234 pages. $29.95


Foreword, Helen Meyer Jan 2004

Foreword, Helen Meyer

William Mitchell Law Review

The William Mitchell Law Review has decided once again to dedicate one issue of this annual volume to Recent Decisions of the Minnesota Supreme Court. This issue reviews some of the court’s more important decisions from the 2003-04 term. If tradition is honored, the articles and notes you find in these pages will be thorough, well-written, and thoughtful in their analysis of each decision. This annual review is a tradition that gives our legal community a wonderful opportunity to publicly comment on the work of the court. This public testing of the court’s work is a healthy part of the …


On International And Interdisciplinary Legal Ethics Scholarship, W. Bradley Wendel Jan 2004

On International And Interdisciplinary Legal Ethics Scholarship, W. Bradley Wendel

Cornell Law Faculty Publications

"Legal Ethics is an international and interdisciplinary journal dedicated to the field of legal ethics." The mission statement of this journal poses three concise challenges for scholars in this discipline: To define the domain of legal ethics, to study it from a perspective that is valid across jurisdictional boundaries, and to incorporate the insights of related disciplines. As befits an emerging and exciting field, lawyers and university faculty throughout the English- speaking common-law world have begun to engage with all three of these problems. The book reviews section of Legal Ethics has highlighted the publication of many of the …


Rethinking "Like A Lawyer": An Incrementalist's Proposal For First-Year Curriculum Reform, John C. Kleefeld Jun 2003

Rethinking "Like A Lawyer": An Incrementalist's Proposal For First-Year Curriculum Reform, John C. Kleefeld

Journal of Legal Education

No abstract provided.


Reason And Authority In Legal Ethics, W. Bradley Wendel Apr 2003

Reason And Authority In Legal Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Notes On The Clerical Body Of The Law, Lior Barshack Mar 2003

Notes On The Clerical Body Of The Law, Lior Barshack

Cardozo Law Review

No abstract provided.


Equality And The Forms Of Justice, Susan Sturm Jan 2003

Equality And The Forms Of Justice, Susan Sturm

Faculty Scholarship

Justice and equality are simultaneously noble and messy aspirations for law. They inspire and demand collective striving toward principle, through the unflinching comparison of the "is" and the "ought." Yet, law operates in the world of the practical, tethered to the realities of dispute processing and implementation. The work of many great legal scholars and activists occupies this unstable space between principle and practice. Owen Fiss is one such scholar, attempting to straddle the world of the here-and-now and the imagined and then deliberately constructed future, the contours of which have been established during the founding moments of our constitutional …


Between Law And Virtue, Joseph P. Tomain, Barbara Watts Jan 2002

Between Law And Virtue, Joseph P. Tomain, Barbara Watts

Faculty Articles and Other Publications

Legal ethics, professional responsibility, and professionalism are timely topics as lawyers continually reevaluate the standards of their profession, particularly in light of the challenges of multidisciplinary and multijurisdictional practice, as well as the embarrassment facing lawyers involved in and surrounding the Enron collapse. In this article, our goal is to discuss how to think and talk about ethics and professionalism. By way of preview, we need to understand that ethics and professionalism use different vocabularies and, consequently, talk past each other to some extent. Our hope is that understanding the existence of these two vocabularies helps reduce the misunderstanding. Both …


Extending The Revisionist Project, Lewis Grossman Jan 2002

Extending The Revisionist Project, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Beyond Interpretation, Pierre Schlag Jan 2002

Beyond Interpretation, Pierre Schlag

Publications

No abstract provided.


Causality And Responsibility, Glenn Shafer Jul 2001

Causality And Responsibility, Glenn Shafer

Cardozo Law Review

No abstract provided.


Restatement (Third) Of Torts: General Principles And The Prescription Of Masculine Order, Anita Bernstein Apr 2001

Restatement (Third) Of Torts: General Principles And The Prescription Of Masculine Order, Anita Bernstein

Faculty Scholarship

No abstract provided.


Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis Mar 2001

Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis

Cardozo Law Review

No abstract provided.


Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich Jan 2001

Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich

Articles

The article explores the intersection of law, rhetoric, and corporeality, arguing that law is deeply embedded in the human body and its emotional and sensory experiences. It posits that legal dogmatics, while often seen as abstract, is shaped by the body's characteristics and movements, which serve as a substrate for legal logic. The analysis centers on Abraham Fraunce and his contemporaries, who critique the strict legality by emphasizing rhetoric, decorum, and the form of life that rhetoric implies. This critique challenges the notion of law as a detached, abstract system by highlighting its corporeal and emotional dimensions.


Jurisprudence Noire, Pierre Schlag Jan 2001

Jurisprudence Noire, Pierre Schlag

Publications

No abstract provided.


The Lawyerland Essays: Introduction, Pierre Schlag Jan 2001

The Lawyerland Essays: Introduction, Pierre Schlag

Publications

No abstract provided.


Foreword: The Question Of Process, J. Harvie Wilkinson Iii May 2000

Foreword: The Question Of Process, J. Harvie Wilkinson Iii

Michigan Law Review

Many in the legal profession have abandoned the great questions of legal process. This is too bad. How a decision is reached can be as important as what the decision is. In an increasingly diverse country with many competing visions of the good, it is critical for law to aspire to agreement on process - a task both more achievable than agreement on substance and more suited to our profession than waving the banners of ideological truth. By process, I mean the institutional routes by which we in America reach our most crucial decisions. In other words, process is our …


Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson Jan 2000

Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson

UIC Law Review

No abstract provided.


Text And Principle In John Marshall's Constitutional Law: The Cases Of Marbury And Mcculloch, 33 J. Marshall L. Rev. 973 (2000), Sylvia Snowiss Jan 2000

Text And Principle In John Marshall's Constitutional Law: The Cases Of Marbury And Mcculloch, 33 J. Marshall L. Rev. 973 (2000), Sylvia Snowiss

UIC Law Review

No abstract provided.


John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer Jan 2000

John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer

UIC Law Review

No abstract provided.


Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White Jan 2000

Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White

UIC Law Review

No abstract provided.


Comments On Clinton: Reconsidering The Role Of Natural Law In John Marshall's Jurisprudence, 33 J. Marshall L. Rev. 1141 (2000), James W. Ely Jan 2000

Comments On Clinton: Reconsidering The Role Of Natural Law In John Marshall's Jurisprudence, 33 J. Marshall L. Rev. 1141 (2000), James W. Ely

UIC Law Review

No abstract provided.


Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel Jan 2000

Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel

UIC Law Review

No abstract provided.


Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser Jan 2000

Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser

UIC Law Review

No abstract provided.


Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton Jan 2000

Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton

UIC Law Review

No abstract provided.


The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr. Jan 2000

The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr.

UIC Law Review

No abstract provided.


Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson Jan 2000

Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson

UIC Law Review

No abstract provided.