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Jurisprudence

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Articles 511 - 540 of 563

Full-Text Articles in Legal Profession

Retrospective Justification, Jeffrey Malkan Jan 1990

Retrospective Justification, Jeffrey Malkan

Touro Law Review

No abstract provided.


A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii Jan 1990

A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii

UIC Law Review

No abstract provided.


On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton Jan 1990

On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton

UIC Law Review

No abstract provided.


Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger Jan 1990

Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger

UIC Law Review

No abstract provided.


Accountability To The Law, Walter F. Mondale Jan 1990

Accountability To The Law, Walter F. Mondale

Touro Law Review

No abstract provided.


Are Citizens Justified In Being Suspicious Of The Law And The Legal System?, William J. Brennan Jr. May 1989

Are Citizens Justified In Being Suspicious Of The Law And The Legal System?, William J. Brennan Jr.

University of Miami Law Review

No abstract provided.


Running On Empty: Justice Brennan's Plea, The Empty State, The City Of Richmond, And The Profession, Kenneth M. Casebeer May 1989

Running On Empty: Justice Brennan's Plea, The Empty State, The City Of Richmond, And The Profession, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.


Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey Jan 1989

Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey

UIC Law Review

No abstract provided.


Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss Jan 1989

Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss

Touro Law Review

No abstract provided.


Risk-Utility Analysis And The Learned Hand Formula: A Hand That Helps Or A Hand That Hides?, Barbara Ann White Jan 1989

Risk-Utility Analysis And The Learned Hand Formula: A Hand That Helps Or A Hand That Hides?, Barbara Ann White

All Faculty Scholarship

Judicial inconsistencies in balancing costs against benefits in legal determinations, sometimes referred to as the Learned Hand Formula, indicate that the implications are not fully understood. The incorporation of more formal economic cost-benefit analysis by some courts has only served to increase the confusion and wariness about fostering such guidelines for social behavior.

This article's purpose is threefold. One is to demonstrate how the use of cost-benefit analysis necessarily imparts the moral and/or political values of the user into his or her decisions. While the cost-benefit technique is itself value-neutral, its application, as will be shown, requires that some moral …


Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg Dec 1988

Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg

Articles

The article engages in a critical dialogue with Robert Weisberg's work on the intersection of law and literature, particularly his skepticism toward the field's potential for sentimentality and his resistance to the literary text as a primary source of legal insight. The author argues that literature provides a unique lens for understanding the irrationalities and ethical dimensions of legal discourse, challenging Weisberg's dismissal of its value. The article contends that Law and Literature must embrace its subversive potential to critique legal assumptions and institutional language, while also addressing the broader cultural and epistemological challenges facing interdisciplinary scholarship.


The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell Jan 1988

The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell

UIC Law Review

No abstract provided.


Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association Jan 1988

Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.


A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham Jan 1988

A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham

Faculty Publications By Year

This article offers a new technique for analyzing and evaluating competing interpretations of a legal text and applies that technique to one of the most debated questions of modern constitutional interpretation: the meaning of "searches" in the first clause of the fourth amendment. This Technique is called the "common sense" approach because it begins with a semantic analysis of the text in terms of the sense that the key words have in everyday speech. Such analysis reveals a complex of interlocked concepts that underlies the ability of speakers to recognize meaningful uses of these words. The common sense approach then …


Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein Jan 1988

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.


Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein Jan 1987

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.


Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman Jan 1985

Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman

Law Faculty Research Publications

No abstract provided.


The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg Apr 1984

The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg

Articles

The article explores William Faulkner's portrayal of Gavin Stevens, a fictional lawyer, highlighting his evolution as a character and his unique place within the tradition of literary lawyer figures. The analysis focuses on Gavin's development in The Town, where he learns the value of silence and observation, distinguishing him from other lawyers in literature who often remain static in their personal growth. The article situates Gavin within a broader literary context, comparing him to characters from works by authors like Dickens and Twain, and argues for his significance as a complex and sympathetic character.


All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins Oct 1981

All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins

West Virginia Law Review

No abstract provided.


Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke Apr 1980

Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke

Federal Judicial Center Reports

This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy, the Center speaks only through its Board.


Determinacy And Deliberation: An Inquiry Concerning Forensic Epistemology, Ray Chazo, Esq. Apr 1979

Determinacy And Deliberation: An Inquiry Concerning Forensic Epistemology, Ray Chazo, Esq.

Florida State University Law Review

No abstract provided.


Judicial Controls And The Civil Litigative Process: Discovery, Paul R. Connolly, Edith A. Holleman, Michael J. Kuhlman Jun 1978

Judicial Controls And The Civil Litigative Process: Discovery, Paul R. Connolly, Edith A. Holleman, Michael J. Kuhlman

Federal Judicial Center Reports

This report should be viewed as a beginning. It explores from one perspective the operation of the federal rules governing discovery as revealed in more than 7,000 docketed requests appearing in more than 3,000 terminated cases in six United States district courts, (A survey of practitioners in the six districts suggests that the docketed requests cover the great bulk of discovery activity.) The report is a continuation of the Center's District court studies Project, the first report of which (Case Management and Court Management in United States District Court) appeared several months ago.


Irvin C. Rutter, Gordon A. Christenson Jan 1978

Irvin C. Rutter, Gordon A. Christenson

Faculty Articles and Other Publications

Tribute to legal scholar, Irvin Rutter.


Keeping Pace With Change - New Vistas For Lawyers, James D. Fellers Oct 1974

Keeping Pace With Change - New Vistas For Lawyers, James D. Fellers

North Carolina Central Law Review

No abstract provided.


Law In The Coming Years*, George D. Gibson Sep 1974

Law In The Coming Years*, George D. Gibson

Washington and Lee Law Review

No abstract provided.


In Memoriam Of Professor George D. Horning Jr., Gordon A. Christenson Jan 1973

In Memoriam Of Professor George D. Horning Jr., Gordon A. Christenson

Faculty Articles and Other Publications

Tribute to legal scholar, George D. Horning Jr.


Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown Jan 1972

Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown

Journal Articles

Brown is the founder and foremost exponent of preventive law jurisprudence. Shaffer has dwelt in recent books and essays on the parallels between humanistic psychology and the fife of lawyers. In this dialogue they focus their somewhat diverse insights on law as living; on their agreement that lawyer-client decisions are law in any functional sense of the word; and on the premise that an explicable jurisprudence is implicit in the process of law office decision making.


Some Speculation About Artificial Intelligence And Legal Reasoning, Bruce G. Buchanan, Thomas E. Headrick Nov 1970

Some Speculation About Artificial Intelligence And Legal Reasoning, Bruce G. Buchanan, Thomas E. Headrick

Journal Articles

No abstract provided.


Ethics Of Advocacy, Alexander Holtzoff Apr 1967

Ethics Of Advocacy, Alexander Holtzoff

Buffalo Law Review

No abstract provided.


The Need For A Neighborhood Legal Service And The New York Experience, Charles Grosser Oct 1965

The Need For A Neighborhood Legal Service And The New York Experience, Charles Grosser

Buffalo Law Review

No abstract provided.