The Yale Law Journal, Volume 81, Part 2Yale Law Journal Company, 1972 - Electronic journals |
From inside the book
Results 1-3 of 86
Page 918
... applied . Suppose a defendant were found to have vio- lated the pedestrian rule while rushing to pull a child from the path of traffic . Most likely it would be urged that a penal law should not be applied here regardless of its ...
... applied . Suppose a defendant were found to have vio- lated the pedestrian rule while rushing to pull a child from the path of traffic . Most likely it would be urged that a penal law should not be applied here regardless of its ...
Page 927
... applied “ mechanically , " as Dworkin says , provided that there are no overriding reasons why it should not be applied . Now cases where rules cannot be applied mechanically are , on Dworkin's own account , occasions for judgment ...
... applied “ mechanically , " as Dworkin says , provided that there are no overriding reasons why it should not be applied . Now cases where rules cannot be applied mechanically are , on Dworkin's own account , occasions for judgment ...
Page 1528
... applied.70 Only last year , in Coates v . Cincinnati , " the Court voided on its face a statute prohibiting " annoying conduct . " Since the statute might pos- sibly reach First Amendment conduct , the Court did not inquire as to how it ...
... applied.70 Only last year , in Coates v . Cincinnati , " the Court voided on its face a statute prohibiting " annoying conduct . " Since the statute might pos- sibly reach First Amendment conduct , the Court did not inquire as to how it ...
Contents
Legal Philosophy | 799 |
Legal Principles and the Limits of | 821 |
Social Rules and Legal Theory | 855 |
8 other sections not shown
Other editions - View all
Common terms and phrases
action administrative admiralty agreement air transportation airlines Amendment American analysis ancillary jurisdiction applied argued argument Article bargaining cent certificates cigarette civil claims Code Congress constitutional contract corroboration cost-benefit analysis costs decision defendant discretion doctrine duty Dworkin economic educational effect employer enforcement environmental equal example fact fares federal Fourteenth Amendment H.L.A. Hart Hart IATA impact statement income individual Industrial infra interest investment issue judges judicial jurisdiction jury justice lawyers Learned Hand legal rules legislation limited LL.B mens rea ment moral negligence NEPA nicotine tax Norris-LaGuardia Act offense parties permafrost piggyback pipeline practice pretrial discovery principles problem procedure Professor of Law prohibition proposed prosecution question rape Rawls reason Section securities social rule standards Stat statute strict liability Supp supra note Supreme Court theory Theory of Justice tion trade union trial United YALE L.J.