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Articles 391 - 420 of 428
Full-Text Articles in Legal Writing and Research
A Text Is Just A Text, Paul F. Campos
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …
The Code Of The Moral, Niklas Luhmann
That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos
That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos
Publications
No abstract provided.
Book Review, Paul Campos
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.
Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.
Cardozo Law Review
No abstract provided.
Writing For Judges, Pierre Schlag
Precedent And Authority In Antonin Scalia’S Jurisprudence, Robert A. Burt
Precedent And Authority In Antonin Scalia’S Jurisprudence, Robert A. Burt
Cardozo Law Review
No abstract provided.
Judging The Judges: Three Opinions, James Boyd White
Judging The Judges: Three Opinions, James Boyd White
Articles
For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …
Preface, Charles F. Wilkinson
Law Without Mind, Steven D. Smith
Law Without Mind, Steven D. Smith
Michigan Law Review
A large part of the work done by lawyers and judges involves the interpretation of enacted law - primarily, statutes and the Constitution. Not surprisingly, legal scholars offer a good deal of advice, usually unsolicited, about how the task of interpretation should be performed. At present, such scholarly advice commonly recommends variations on an approach that may be called "present-oriented interpretation." This approach discourages judges from equating a law with its historical meaning or "original understanding." Instead, it urges them to construe statutes and constitutional provisions in a way that will render the law "the best it can be" in …
A Critical Legal Studies Perspective On Contract Law And Practice, Girardeau A. Spann
A Critical Legal Studies Perspective On Contract Law And Practice, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
The critical legal studies movement is often viewed as highly theoretical, characterized by impenetrable scholarship that makes frequent reference to the work of"famous dead Europeans." Indeed, the theoretical detachment of critical legal studies from real-world concerns has led some to speculate that the methodologies of the movement are so abstract and stylized that they could be used to deny the validity of distinctions that we commonly rely upon in everyday life-even something as basic as the distinction between up and down. Given the level of abstraction at which most critical legal studies analysis occurs, one might wonder why a critical …
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Publications
No abstract provided.
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Publications
No abstract provided.
The Brilliant, The Curious, And The Wrong, Pierre Schlag
The Brilliant, The Curious, And The Wrong, Pierre Schlag
Publications
No abstract provided.
Iii. Recent French Extradition Cases, Michigan Journal Of International Law
Iii. Recent French Extradition Cases, Michigan Journal Of International Law
Michigan Journal of International Law
This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.
Judicial Opinion Analysis, John J. Daley
Judicial Opinion Analysis, John J. Daley
LLM Theses and Essays
The aim of this paper is to suggest a method of judicial opinion analysis. This method has five essential aspects: 1) form; 2) procedure; 3) precedential value; 4) authority; and 5) substance. Observation of these aspects in judicial opinions should broaden legal and jurisprudential perspective and cause critical analysis of case dispositions.
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Michigan Law Review
A Review of The Supreme Court: Palladium: Of Freedom . By Alpheus T. Mason.
Llewellyn: Jurisprudence: Realism In Theory And Practice, Charles D. Kelso
Llewellyn: Jurisprudence: Realism In Theory And Practice, Charles D. Kelso
Michigan Law Review
A Review of Jurisprudence: Realism in Theory and Practice By Karl N. Llewellyn.
Hurst: Law And Social Process In United States History, Robert S. Hunt
Hurst: Law And Social Process In United States History, Robert S. Hunt
Michigan Law Review
A Review of Law and Social Process in United States History. By James Willard Hurst.
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Michigan Law Review
A Review of The Judicial Decision- Toward A Theory of Legal Justification By Richard A. Wasserstrom.
Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider
Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider
Michigan Law Review
A Review of The Common Law Tradition- Deciding Appeals. By Karl N. Llewellyn.
Rudolf Von Jhering, Iredell Jenkins
Rudolf Von Jhering, Iredell Jenkins
Vanderbilt Law Review
It is often the fate of the giants of thought to have their names live on while their doctrines are neglected, and even for their reputations to wax as their influence wanes. Indeed, this happens at some periods to the work that all such men leave behind them; it is esteemed but not appreciated, acknowledged but not cultivated. The precise reasons for this fall into oblivion vary with every individual case, but there is one factor that is common and constant: the prominence within the work of these men of ideas that push inquiry beyond the comfortable limits that are …
Beutel: Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, Samuel I. Shuman
Beutel: Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, Samuel I. Shuman
Michigan Law Review
A Review of Some Potentialities of Experimental Jurisprudence as a New Branch of Social Science. By Fredrick K. Beutel.
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Michigan Law Review
A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.
Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.
Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.
Michigan Law Review
A Review of Security Through Freedom. American Political Thought and Practice. By Alpheus Thomas Mason.
Vanderbilt: The Challenge Of Law Reform, Glenn R. Winters
Vanderbilt: The Challenge Of Law Reform, Glenn R. Winters
Michigan Law Review
A Review of The Challenge of Law Reform. By Arthur T. Vanderbilt.
Petrazycki: Law And Morality, William R. Jentes S.Ed.
Petrazycki: Law And Morality, William R. Jentes S.Ed.
Michigan Law Review
A Review of Law and Mortality. By Leon Petrazycki
Book Reviews, Grant Gilmore, Robert J. Nordstrom, Richard J. Faletti, Robert Barbeau Mautz, Charles Elmer Fiddler, Calvin W. Corman, George B. Fraser, Adam Yarmolinsky, James A. Durham, Reginald Parker, Jo Desha Lucas, Thomas W. Christopher, Frederick J. Ludwig, John S. Bradway, Harold Gill Reuschlein, Henri Renard S.J., C. Dallas Sands, William P. Murphy
Book Reviews, Grant Gilmore, Robert J. Nordstrom, Richard J. Faletti, Robert Barbeau Mautz, Charles Elmer Fiddler, Calvin W. Corman, George B. Fraser, Adam Yarmolinsky, James A. Durham, Reginald Parker, Jo Desha Lucas, Thomas W. Christopher, Frederick J. Ludwig, John S. Bradway, Harold Gill Reuschlein, Henri Renard S.J., C. Dallas Sands, William P. Murphy
Journal of Legal Education
No abstract provided.