Public Law and Legal Theory Commons^™

"The Eternal Triangles Of The Law": Toward A Theory Of Priorities In Conflicts Involving Remote Parties, Menachem Mautner

Michigan Law Review

Anglo-American priority law is premised on a doctrinal-derivational approach under which "triangle conflicts" are supposed to be resolved on the basis of the legal rights that the intermediate, wrongdoing party could have transferred from the first-in-time competing party to the second-in-time competing party. In Part I, I outline the major propositions of this approach. I argue that in focusing on the intermediate party, the doctrinal-derivational approach fails to address the primary consideration relevant to resolving triangle conflicts, namely the conduct of the two remote claimants involved in the conflict. In Part II, I focus on the two remote parties involved …

Public Interest Organizations, J. Jacobson

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations, J. Jacobson

California Regulatory Law Reporter

No abstract provided.

Getting From Here To There, Cynthia R. Farina

Cornell Law Faculty Publications

Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Public Interest Organizations, J. Altomare

California Regulatory Law Reporter

No abstract provided.

The Substance Of Equality, Jeremy Waldron

Michigan Law Review

A Review of Speaking of Equality: An Analysis of the Rhetorical Force of "Equality" in Moral and Legal Discourse by Peter Westen

Judge Richard Posner's Jurisprudence, Robert S. Summers

Michigan Law Review

A Review of The Problems of Jurisprudence by Richard A. Posner

Gender Justice Without Foundations, Marion Smiley

Michigan Law Review

A Review of Feminism/Postmodernism edited by Linda J. Nicholson and Justice and the Politics of Difference by Iris Marion Young

Inessentially Speaking (Is There Politics After Postmodernism?), Allan C. Hutchinson

Michigan Law Review

A Review of Making All the Difference by Martha Minow

From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham

Michigan Law Review

A Review of The Province of Legislation Determined: Legal Theory in Eighteenth Century Britain by David Lieberman

Should The Law Reflect The World?: Lessons For Legal Theory From Quantum Mechanics, R. George Wright

Florida State University Law Review

No abstract provided.

The New Public Law Movement: Moderation As A Postmodern Cultural Form, William N. Eskridge Jr., Gary Peller

Michigan Law Review

The past twenty years have witnessed an explosion of public law scholarship, as legal scholars reconceptualized themes of administrative law, legislation, and constitutional law; created almost from scratch whole new areas of public law scholarship, including discrimination, environmental, and consumer protection theory; and enlivened discourse with concepts drawn from microeconomics, public choice theory, civic republicanism, practical philosophy, and hermeneutics. This intellectually intense activity has suggested the possibility that public law discourse has entered a "critical stage" and stimulated the Michigan Law Review to hold a conference in October 1990 on whether there is something that might be called "New Public …

The Unintended Cultural Consequences Of Public Policy: A Comment On The Symposium, Richard H. Pildes

Michigan Law Review

In this essay, I want to try to build on it in order to suggest forms a genuinely New Public Law scholarship might take. My aim is to embrace much of what New Public Law thought has urged: the marginality of common law doctrine or judicial decisionmaking; the need to attend to profound disaffections with the modem regulatory state; an acceptance of the complex, dynamic relationship of public policy and private understandings; a recognition that public values are constituted not only at the grandest levels of policy formation, but also in the myriad microscopic day-to-day experiences of policy. In my …

Review Essay: Sunstein, Statutes, And The Common Law--Reconciling Markets, The Communal Impulse, And The Mammoth State, Peter L. Strauss

Michigan Law Review

The following pages principally address Professor Sunstein's basic argument for building on, rather than defending against, legislative judgments, and so virtually ignore the details of his proposals for statutory interpretation. Part I outlines Sunstein's case for some regulation - the necessary failures of market ordering and the consequent need for a mixed economy in which government regulation intervenes in important ways. Part II addresses Sunstein's decision to tie his analysis to the public law innovations of the New Deal, and suggests ways in which the analysis might be strengthened by attention to earlier struggles and changes - changes in common …

The Concept Of Law And The New Public Law Scholarship, Edward L. Rubin

Michigan Law Review

This article is an attempt to identify the nature of an emerging field of legal scholarship known as "New Public Law." "New," of course, is a dangerous term. Our society's image of itself as forward looking and its tendency to market itself to itself through claims of novelty has spawned a range of phrases from the New Deal to the New Criticism to various new, improved laundry detergents. One does not hear very many positive comments about the "old" these days. The argument that old ways of doing things are better has become an emblem of mistaken thought, and the …

Structure, Relationship, Ideology, Or, How Would We Know A "New Public Law" If We Saw It?, Peter M. Shane

Michigan Law Review

Academic writings and judicial opinions are the research materials most accessible to legal academics. It is thus unsurprising that, when asked to discuss "New Public Law," professors of administrative law, constitutional law, and legislation focus chiefly on emerging scholarship and judicial output. This tendency illustrates the general and quite understandable phenomenon that people, including law professors, do most whatever they can do most readily.

Nevertheless, however elegantly and provocatively we analyze each other's work and the labor of judges, discerning whether a new public law exists ought to involve a broader inquiry. In this essay I explore the complexity of …

In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey

Michigan Law Review

In this essay, we explore how modem common law judges should view their role vis-a-vis the legislature. We suggest that the perspective of the "New Public Law," as we conceptualize it, is surprisingly helpful in considering this problem.

In Part I, we briefly summarize two important aspects of the New Public Law: republicanism and public choice. We then address an obvious objection to our project - that our topic relates to private law, and is therefore outside the purview of the New Public Law. Part II turns to important questions about the relationship between statutes and the common law: When …

1991-1992 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Endowed Programs – p. 5

Clinical Programs – p. 7

Programs of Study – p. 10

Facilities – p. 10

Publications – p. 10

Career Development – p. 11

Awards – p. 12

Faculty – p. 15

Curriculum – p. 35

Course Descriptions – p. 35

Admission Information – p. 51

Student Finance – p. 54

Honor Roll – p. 57

About Cardozo / Yeshiva University – p. 64

Index – p. 70

Where to Secure Information – p. 76

Academic Calendar and Application Forms – addenda

Comparative Constitutional Fundamentals, Richard Kay

Faculty Articles and Papers

No abstract provided.

Civil Service Appointments And Promotions

Touro Law Review

No abstract provided.

Doubting Donald: A Reply To Professor Donald Galloway's 'Critical Mistakes', Richard F. Devlin Fsrc

Articles, Book Chapters, & Popular Press

In a recent article Professor Galloway has argued that supporters of the Critical Legal Studies perspective make five fundamental errors in their analyses of liberal theory and as a result have failed in their deconstructive agenda. In this essay Professor Devlin replies to these criticisms and posits that Galloway's essay in retrieval is itself subject to the very same errors of which he accuses the "crits". Moreover, it is argued that the nature of Galloway 's partial defence of liberalism confirms rather than denies the accuracy of critical assessments.

Authority And Responsibility: The Jurisprudence Of Deference, Joseph Vining

Articles

he connection between authority and responsibility is such that the one cannot be thought of without the other. In legal method, close reading and rereading of a text marks it as an authoritative text; the presupposition of mind which is necessary to close reading is presupposition of a responsible mind. In the working of institutions that embody authority, the disposition to follow the decisions and statements of a person responsible for a matter inevitably rests upon a presupposition that the decisions and statements followed are those of the responsible person. As that presupposition fades with bureaucratization of decision and writing, …

Rights, Communities, And Tradition, Brian Slattery

Articles & Book Chapters

This paper argues that there is a close connection between basic human rights and communal bonds. It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.

Comptroller And Attorney-General

Touro Law Review

No abstract provided.

Antitrust And The State Action Doctrine: An Analysis Of Recent Supreme Court And Eleventh Circuit Cases, Scott D. Makar

University of Florida Journal of Law & Public Policy

No abstract provided.

Be There, Benjamin H. Hill Iii

University of Florida Journal of Law & Public Policy

No abstract provided.

Corporation Law: Looking Into Federal Common Law To Determine Parent Corporation Liability Under Cercla (United States V. Kayser-Roth Corp., Inc., 910 F.2d 24 (1st Cir. 1990)), Scott Rogers

University of Florida Journal of Law & Public Policy

No abstract provided.

"Just Say No" To Integrity Testing, Michael B. Metzger, Dan R. Dalton

University of Florida Journal of Law & Public Policy

No abstract provided.

Time Changes: A Review Of To The End Of Time: The Seduction And Conquest Of A Media Empire, Jayne W. Barnard

University of Florida Journal of Law & Public Policy

No abstract provided.