Search results for: "JURISPRUDENCE" (1477 results)
2005); Lund & McGinnis, supra note 5, at 1557-73; Michael W. McConnell, The Right To Die and the Jurisprudence of Tradition, 1997 UTAH L. REV. 665
the Defense 420 B. The Impasse 422 C. Current Federal and State Jurisprudence 423 ii. possible solutions 428 A. The Impasse as Agency Cost 428 B
exactions jurisprudence notwithstanding. Given the amount of discretion being exercised, the few factors that are legally not subject to traditional
How should the preferences of many individuals be amalgamated into a single social choice?” David Luban, Social Choice Theory as Jurisprudence, 69
86 D. Modern Property and Due Process Rulings The logic of Mathews was not immediately incorporated into conventional property jurisprudence, but
Smith abstract.As the Supreme Court has sought to ground more of its constitutional jurisprudence in original understanding, it has signaled an
Court’s jurisprudence, to be sure. The Court has been soft on the constitutional meaning of religion, abandoning its original sense in favor of a more
pluralistic led to a revival in the fifties of the group theory of politics.”); ANTHONY J. SEBOK, LEGAL POSITIVISM IN AMERICAN JURISPRUDENCE 173 (1998
Court’s modern substantive due process jurisprudence. Not long ago, most scholars accepted John Hart Ely’s clever dismissal of the idea of
taking a private-law approach to reparations, see, for example, Symposium, The Jurisprudence of Slavery Reparations, 84 B.U. L. REV. (2004); and Alfred L