Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Nebraska - Lincoln (46)
- University of New Mexico (26)
- St. Mary's University (16)
- Selected Works (13)
- University of Pennsylvania Carey Law School (10)
-
- Washington and Lee University School of Law (10)
- UIC School of Law (9)
- University of Michigan Law School (9)
- Georgetown University Law Center (7)
- SelectedWorks (6)
- University of Arkansas at Little Rock William H. Bowen School of Law (6)
- American University Washington College of Law (4)
- William & Mary Law School (4)
- University of Pittsburgh School of Law (3)
- Brigham Young University Law School (2)
- Brooklyn Law School (2)
- Cornell University Law School (2)
- Maurer School of Law: Indiana University (2)
- University of Cincinnati College of Law (2)
- University of Colorado Law School (2)
- University of San Diego (2)
- University of Washington School of Law (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Duke Law (1)
- Florida State University College of Law (1)
- Golden Gate University School of Law (1)
- Keyword
-
- Jurisprudence (16)
- St. Mary’s Law Journal (12)
- St. Mary’s University School of Law (11)
- 1891-1974 (8)
- United States/Supreme Court (8)
-
- Earl Warren (7)
- Judicial review (6)
- Courts (4)
- Ethics (4)
- Legal malpractice (4)
- Philosophy (4)
- United States Supreme Court (4)
- Breach of duty (3)
- Conflict of interest (3)
- Constitutional interpretation (3)
- Federalism (3)
- Law and Economics (3)
- Litigation (3)
- Negligence (3)
- Practice and Procedure (3)
- Social Welfare (3)
- Texas Supreme Court (3)
- American Bar Association (ABA) (2)
- Choices (2)
- Civil Rights (2)
- Competence (2)
- Critical race theory (2)
- Damages (2)
- Dworkin (Ronald) (2)
- Eleventh Amendment (2)
- Publication
-
- Court Review: The Journal of the American Judges Association (46)
- United States - Mexico Law Journal (1993-2005) (26)
- St. Mary's Law Journal (16)
- All Faculty Scholarship (11)
- Washington and Lee Law Review (10)
-
- UIC Law Review (8)
- Georgetown Law Faculty Publications and Other Works (7)
- Articles (6)
- Faculty Scholarship (6)
- Michigan Law Review (4)
- The Journal of Appellate Practice and Process (4)
- Publications (3)
- William & Mary Law Review (3)
- American University Law Review (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Cornell Law Faculty Publications (2)
- Faculty Articles and Other Publications (2)
- Jackson Nyamuya Maogoto (2)
- Robert L. Hayman (2)
- San Diego Law Review (2)
- Scholarly Works (2)
- Scott T. FitzGibbon (2)
- Vanderbilt Law School Faculty Publications (2)
- Villanova Law Review (2)
- Alani Golanski (1)
- Articles by Maurer Faculty (1)
- BYU Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Deborah M. Weissman (1)
- Dianne Pothier Collection (1)
- Publication Type
Articles 181 - 205 of 205
Full-Text Articles in Law
Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle
Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle
All Faculty Scholarship
No abstract provided.
Treaties And The Eleventh Amendment, Carlos Manuel Vázquez
Treaties And The Eleventh Amendment, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The Supreme Court's recent invigoration of federalism doctrine has revived a question that had long lain dormant in constitutional law: whether and to what extent federalism limits apply to exercises of the Treaty Power. In the days before the famous switch in time that saved nine, the Court in Missouri v. Holland upheld a statute passed by Congress to implement a treaty even though it assumed that the statute would exceed Congress's legislative power under Article I in the absence of the treaty. The significance of this holding abated considerably when the Court embraced a broader interpretation of the Commerce …
Beyond Interpretation, Pierre Schlag
Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang
Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein
Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Tradition, Principle And Self-Sovereignty: Competing Conceptions Of Liberty In The United States Constitution, Robin West
Georgetown Law Faculty Publications and Other Works
The “liberty” protected by the United States Constitution has been variously interpreted as the “liberty” of thinking persons to speak, worship and associate with others, unimpeded by onerous state law; the liberty of consumers and producers to make individual market choices, including the choice to sell one’s labour at any price one sees fit, free of redistributive or paternalistic legislation that might restrict it; and the liberty of all of us in the domestic sphere to make choices regarding reproductive and family life, free of state law that might restrict it on grounds relating to public morals. Although the United …
The Law And Large Numbers, Paul H. Edelman
The Law And Large Numbers, Paul H. Edelman
Vanderbilt Law School Faculty Publications
Can mathematics be used to inform legal analysis? This is not a ridiculous question. Law has certain superficial resemblances to mathematics. One might view the Constitution and various statutes as providing "axioms" for a deductive legal system. From these axioms judges deduce "theorems" consisting of interpretation of these axioms in certain situations. Often these theorems are built on previously "proven" theorems, i.e. earlier decisions of the court. Of course some of the axioms might change, and occasionally a theorem that was once true becomes false; the former is a common feature of mathematics, the latter, though theoretically not possible in …
Environmental Law And The Supreme Court: Three Years Later, Richard J. Lazarus
Environmental Law And The Supreme Court: Three Years Later, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
In my Garrison Lecture three years ago, I surveyed the environmental law decisions of the Supreme Court between 1970 and 1999. I commented on which Justices had been more or less influential in shaping the Court's decisions and, even more provocatively (if not foolishly), sought to "score" the individual Justices on their responsiveness to environmental protection concerns based on their votes cast in a subset of those cases. The broader thesis of the lecture, however, was that there is something distinctively "environmental" about environmental law and that the Court's increasing inability to appreciate that dimension was leading to more poorly-reasoned …
A Subversive Strand Of The Warren Court, Gary Peller
A Subversive Strand Of The Warren Court, Gary Peller
Georgetown Law Faculty Publications and Other Works
The choice between "de jure" and "de facto" standards of review arises whenever a legal standard is needed to identify violations of specific constitutional rights or norms in particular cases. The issue is methodological in the sense that the question is faced regardless of the particular right or norm at issue (although it is not really true that the choice between these methodologies would have no influence on the choice of rights or norms to apply). A de Jure approach limits the imposition of constitutional norms to cases in which the state has affirmatively acted to help create a particular …
Law And Prudence In The Law Of Justiciability: The Transformation And Disappearance Of The Political Question Doctrine, Mark V. Tushnet
Law And Prudence In The Law Of Justiciability: The Transformation And Disappearance Of The Political Question Doctrine, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
This Essay develops the foregoing argument by examining, in Section I, the transformation of the political question doctrine from Baker v. Carr through Walter Nixon v. United States. Section II charts a similar, perhaps even more dramatic transformation of the law of standing. Section I then examines Bush v. Gore, explaining how older doctrines of standing and political questions might have been thought relevant there. It argues as well that the very fact that those doctrines went unmentioned by the Court shows why we must take a historically grounded view of justiciability doctrines. Section IV sketches the historical settings in …
The Limits Of Being "Present At The Creation", Roy A. Schotland
The Limits Of Being "Present At The Creation", Roy A. Schotland
Georgetown Law Faculty Publications and Other Works
Having been invited late to this Symposium and having read fewer than all essays, I offer, (with deep appreciation for the invitation), only mini-comments on three of the many valuable contributions: the essays by Professors Persily, Hasen, and Gerken. But first, at risk of pedantry, may I suggest changing the Symposium's title to something like "Baker and its Progeny .... (or "Baker, doughnuts, and holes"?). Most of the treatment seems to be about the progeny, as surely it should be. While of course everyone knows how far Baker went, what Reynolds did, and what was not done until after Reynolds, …
Law's Constitution: A Relational Critique, Victoria Nourse
Law's Constitution: A Relational Critique, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
It is a simple fact: we begin from others. Without others we, quite literally, could not live, feel, be born. Every mother, every mother's partner, every father, every child, knows this. But law sees these relations as something lesser, as foreign. Mention the word "relationship" to the average lawyer and she will likely assume that you are talking about sex, dating, or perhaps marriage. She may even wonder what "relationship" has to do with the law at all.
In this paper, the author wonders whether it is possible to flip that equation, to think of the relational as central, rather …
Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman
Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman
Articles
No matter how judges are selected, sooner or later some unfortunate candidate will be labeled a "judicial activist." One has to wonder: Does the term have any identifiable core meaning? Or is it just an all-purpose term of opprobrium, reflecting whatever brand of judicial behavior the speaker regards as particularly pernicious? Implicit in this question are several important issues about the role of courts in our democratic society.
I take my definition from Judge Richard Posner, who describes activist decisions as those that expand judicial power over other branches of the national government or over state governments. Unlike other uses …
Can A Theory Of Interpretation Make A Difference?, George H. Taylor
Can A Theory Of Interpretation Make A Difference?, George H. Taylor
Articles
Can a theory of interpretation make a difference? The question has been posed most prominently by Judge Richard Posner, who, in recent work, has criticized the ability to make a difference of both theory writ large and of a theory of interpretation in particular. In other work I contend, contrary to Posner, that a theory of interpretation can make a difference at the level of methodology. Using the example of constitutional and statutory interpretation in law, I develop a theory that argues for the propriety and value of certain methods of interpretation over others. In the present essay, my concern …
Community Competence For Matters Of Judicial Cooperation At The Hague Conference On Private International Law: A View From The United States, Ronald A. Brand
Community Competence For Matters Of Judicial Cooperation At The Hague Conference On Private International Law: A View From The United States, Ronald A. Brand
Articles
The Amsterdam Treaty's introduction of Article 65 into the European Community Treaty took little time to achieve practical importance. In fact, the questions were practical as early as they were theoretical. A 1992 request by the United States that the Hague Conference on Private International Law negotiate a global convention on jurisdiction and the recognition of civil judgments resulted in a laboratory for the new-found competence of the Community. Thus, negotiations already underway--which included delegations from all 15 EU Member States--were affected significantly by the transfer of competence from those states to the Community institutions for matters under consideration at …
Owen Fiss, Equality Theory, And Judicial Role, Susan P. Sturm
Owen Fiss, Equality Theory, And Judicial Role, Susan P. Sturm
Faculty Scholarship
This essay uses Owen Fiss’ treatment of equality doctrine in “Groups and the Equal Protection Clause” to demonstrate the influence of judicial role conceptions on equality jurisprudence. Fiss’ conception of the judiciary’s role in elaborating and enforcing public norms profoundly shapes his articulation of the anti-subordination principle. More specifically, Fiss looks to the federal judiciary unilaterally to declare public law truths and to impose those truths on noncompliant bureaucrats. This static, almost imperial role places great pressure on the judiciary to adopt unitary equality norms that can be implemented, at least in theory, through top-down imposition. Fiss’ commitment to a …
Teacher’S Manual To Accompany Jurisprudence: Classical And Contemporary: From Natural Law To Postmodernism, Robert Hayman, Nancy Levit, Richard Delgado
Teacher’S Manual To Accompany Jurisprudence: Classical And Contemporary: From Natural Law To Postmodernism, Robert Hayman, Nancy Levit, Richard Delgado
Robert L. Hayman
No abstract provided.
Equity And Efficiency In Markets For Ideas, Richard Adelstein
Equity And Efficiency In Markets For Ideas, Richard Adelstein
Richard Adelstein
Intellectual property and patent protection in light of the AIDS crisis in Africa.
Un-Natural Things: Constructions Of Race, Gender, And Disability, Robert Hayman, Nancy Levit
Un-Natural Things: Constructions Of Race, Gender, And Disability, Robert Hayman, Nancy Levit
Robert L. Hayman
No abstract provided.
Wojtylan Insight Into Love And Friendship: Shared Consciousness And The Breakdown Of Solidarity, Scott Fitzgibbon
Wojtylan Insight Into Love And Friendship: Shared Consciousness And The Breakdown Of Solidarity, Scott Fitzgibbon
Scott T. FitzGibbon
There is a fundamental clash in contemporary society between, on the one hand, an orthodox Christian understanding of human dignity and of what is required of us if we are to respect and honour the dignity of every human being and, on the other hand, a secularist vision of human existence. In his great Encyclical Evangelium Vitae, 'The Gospel of Life', Pope John Paul II identified as the practical expression of this clash the conflict between what he called the 'culture of life' and the 'culture of death'. The present volume explores the roots of the two cultures, contemporary manifestations …
Review Of Thomas J. Rourke, A Conscience As Large As The World: Yves R. Simon Versus The Catholic Neoconservatives (Rowman & Littlefield 1997) (Invited), Patrick Mckinley Brennan
Review Of Thomas J. Rourke, A Conscience As Large As The World: Yves R. Simon Versus The Catholic Neoconservatives (Rowman & Littlefield 1997) (Invited), Patrick Mckinley Brennan
Patrick McKinley Brennan
No abstract provided.
September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer
September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer
Nancy J. Knauer
The September 11 relief efforts present a unique prism through which to view the status of same-sex relationships and to consider which families count when the United States is supposedly at its most generous, most united, and most injured. On a basic human level, would the nation grieve for Peggy Neff, who lost her partner of 18 years when Flight 77 crashed into the Pentagon, as it had for the widow of a fire fighter? Would Neff be eligible to file a claim with the multi-billion dollar federal September 11 Victim Compensation Fund, which Congress established to compensate victims and …
Marriage And The Good Of Obligation, Scott T. Fitzgibbon
Marriage And The Good Of Obligation, Scott T. Fitzgibbon
Scott T. FitzGibbon
Marriage is obligatory. This is not to say, of course, that bachelorhood must be avoided or that everyone ought to get married. The point, rather, is that those who do wed form a relationship which embraces obligation as a fundamental component ("commitment norms," as Professor Elizabeth Scott has put it). This article aims to show why this is a good thing, and fundamentally so. Marriage and other affiliations, it seems, may involve obligation in two basic ways. The first way is instrumentally. The projects of married life require long-term commitment and fixity of purpose: raising children and paying off the …
Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings, Ira P. Robbins
Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings, Ira P. Robbins
Ira P. Robbins
Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto
Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article examines the conflict in the former Yugoslavia which gave birth to the International Criminal Tribunal for the former Yugoslavia (ICTFY). The ICTFY established the beginning of a new pattern in the genuine international implementation of international criminal and humanitarian law and the move back to the international model inaugurated at Nuremberg which had in the Cold War era been boldly supplanted by national prosecutions. The Article seeks to show that even this ad hoc tribunal was the by-product of international realpolitik. It was born out of a political desire to redeem the international community’s conscience rather than the …