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Jurisprudence

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Articles 1 - 11 of 11

Full-Text Articles in Law

New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill Jan 2012

New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012), Steven D. Schwinn Jan 2012

The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

Federalism challenges to the Affordable Care Act ("ACA") are inspired by the relatively recent resurgence in federalism concerns in the Supreme Court's jurisprudence. Thus, ACA opponents seek to leverage the Court-created distinction between encouragement and compulsion (in opposition to Medicaid expansion), and the Court-created federalism concern when Congress regulates in a way that could destroy the distinction between what is national and what is local (in opposition to universal coverage).

But outside the jurisprudence, the text and history of constitutional federalism tell another story. The text and history suggest that the Constitution created a powerful federal government, of the people …


Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken Jan 2009

Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

No abstract provided.


Jurisprudence: A Beginner's Simple And Practical Guide To Advanced And Complex Legal Theory, 2 The Crit: Critical Stud. J. 62 (2009), Allen R. Kamp Jan 2009

Jurisprudence: A Beginner's Simple And Practical Guide To Advanced And Complex Legal Theory, 2 The Crit: Critical Stud. J. 62 (2009), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.


Cognitive Dissonance Revisited: Roper V. Simmons And The Issue Of Adolescent Decision-Making Competence, 52 Wayne L. Rev. 1 (2006), Donald L. Beschle Jan 2006

Cognitive Dissonance Revisited: Roper V. Simmons And The Issue Of Adolescent Decision-Making Competence, 52 Wayne L. Rev. 1 (2006), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Phantom Philosophy? An Empirical Investigation Of Legal Interpretation, 65 Md. L. Rev. 841 (2006), Jason J. Czarnezki, William K. Ford Jan 2006

The Phantom Philosophy? An Empirical Investigation Of Legal Interpretation, 65 Md. L. Rev. 841 (2006), Jason J. Czarnezki, William K. Ford

UIC Law Open Access Faculty Scholarship

This Article tests a model of judicial decision making that incorporates elements of both the attitudinal model and the legal model, along with measures of institutional and judicial background characteristics such as collegiality and trial court experience. We develop a measure of interpretive philosophy relying primarily on judicial opinions, which we code for certain indicators of traditional interpretive approaches (i.e., the use of interpretive tools). The critical question is whether judges with similar interpretive philosophies are more likely to agree with one another when deciding cases. Our general finding is that ideology and interpretive philosophy are not significant predictors of …


Judging Expertise In Copyright Law, 14 J. Intell. Prop. L. 1 (2006), William K. Ford Jan 2006

Judging Expertise In Copyright Law, 14 J. Intell. Prop. L. 1 (2006), William K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.


“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill Jan 2005

“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner Jan 2003

Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Missing Jurisprudence Of Merit, 11 B.U. Pub. Int. L.J. 141 (2002), Allen R. Kamp Jan 2002

The Missing Jurisprudence Of Merit, 11 B.U. Pub. Int. L.J. 141 (2002), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.


Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis Jan 1995

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis

UIC Law Open Access Faculty Scholarship

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …