Law Commons^™

Rooted: Metaphors And Judicial Philosophy In Artis V. District Of Columbia, Richard L. Heppner Jr.

Law Faculty Publications

This article examines how the metaphors in judicial opinions reveal judicial theories of lawmaking and judicial philosophies, through a close reading of Justice Ginsburg’s majority opinion and Justice Gorsuch’s dissenting opinion in the Artis v. District of Columbia, 138 S. Ct. 594 (2018).

Artis was about what the phrase “shall be tolled” means in the federal supplemental jurisdiction statute, 28 U.S.C. §1367. Does a state-law claim’s statute of limitations pause or continue to run while the claim is in federal court? In holding that Congress used “stop the clock” tolling, an “off-the-shelf” legal device that pauses statute of limitations, …

Ecological And Holistic Analysis Of The Epistemic Value Of Law Libraries, Paul D. Callister, Dana Neacsu

Law Faculty Publications

We examine the libraries' roles within the "epistemic foundation of society.” Our analysis is in response to the omission of Yale Law Dean Gerken of the role of libraries in her recent article about legal education's new focus and to remarks by AALS President Vicki Jackson that suggest an uncertain role for libraries. We have adapted holistic ecological media theory, as developed by Ronald Deibert, to reject a technologically deterministic view of libraries as having no future. We have considered the role of law libraries in the social epistemology or cognitive authority of the legal community, the role of law …

Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland

Law Faculty Publications

No abstract provided.

The French Intrigue Of James Cole Mountflorence, Jud Campbell

Law Faculty Publications

In July 1793, less than three months after President George Washington had declared the United States impartial toward the conflict raging in Europe, French Minister Edmond-Charles-Edouard Genet tested America's incipient neutrality. With instructions from his government, Genet armed a French privateer in Philadelphia and simultaneously launched an offensive against Spanish Louisiana using disaffected American pioneers. The episode began on July 5, when Genet shared the French plans for western invasion in a private meeting with Secretary of State Thomas Jefferson. Ten days later Genet's agents departed for Kentucky to rendezvous with American Revolutionary War hero George Rogers Clark. The effort, …

The Presidential Oath, The American National Interest And A Call For Presiprudence, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

A Thousand Points Of Ambiguity, Bruce Berner

Law Faculty Publications

No abstract provided.

The Insanity Defense: Guilty By Reason Of Hinckley?, Bruce Berner

Law Faculty Publications

No abstract provided.

A Theory Of Respect, Richard Stith

Law Faculty Publications

To understand and to describe the feeling we call "respect" is the purpose of this thesis. Relying primarily upon the method of phenomenology, the contours of this often. invoked moral feeling are developed and a pattern and structure are therein discerned.

General issues of methodology as well as specific problems of access to the phenomenon of respect are first considered. Respect for persons qua persons is eschewed as a focus~ in order that our analysis not become excessively entangled in the nature of personhood. Rather, we turn to those particular individuals for whom we each have at some time felt …