Search results for: "The" (6993 results)
attractive. The second is normative: numerical bounds have many underappreciated practical and theoretical attractions, and they might be used more
would be anomalous. The Draft Restatement’s emphasis on the theo- retical features that these theories share underscores this impression: the new
up of expert jurors, chosen for their expertise, and not necessarily their socioeconomic station. The practice of these “special juries” stretches
if the meaning of the codified positive-law text is clear, then that meaning is conclusive, and there is no need to look to the original text or any
would be anomalous. The Draft Restatement’s emphasis on the theo- retical features that these theories share underscores this impression: the new Draft
venue, removal of causes, full faith and credit, and evidence and procedure. These are but labels to the layman. To the lawyer they are the pitfalls of
historians of the Rev- olution perceived when they sought to create a narrative that would shore up their new and fragile country. There is so much in
interchangeably. These findings, fully consistent with no existing theory, are in themselves deeply puzzling. They are all the more so, I show, when viewed
standpoint.121 In these cases, there will necessarily be less extrinsic material relating to past practice to which courts could refer. Therefore, the
within their territories. We explore the entanglement theory and the consequentialist alternative not because they exhaust the field but because the