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Articles 1 - 8 of 8

Full-Text Articles in Law

From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Hollinger Dec 2015

From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Hollinger

Joan Hollinger

No abstract provided.


Anti-Inquisitorialism, David Sklansky Dec 2015

Anti-Inquisitorialism, David Sklansky

David A Sklansky

A broad and enduring theme of Atherican jurisprudence treats the Continental, inquisitorial system of criminal procedure as epitomizing what our system is not; avoiding inquisitorialism has long been thought a core commitment of our legal heritage. This Article examines the various roles that anti-inquisitorialism has played and continues to play in shaping our criminal process, and then it assesses the attractiveness of anti-inquisitorialism as a guiding principle of American law. The Article begins by describing four particularly striking examples of anti-inquisitorialism at work: the Supreme Court's recent reinterpretation of the Confrontation Clause; the Court's invalidation of mandatory sentencing schemes that …


Pepperdine University School Of Law Legal Summaries, Nicole Banister May 2015

Pepperdine University School Of Law Legal Summaries, Nicole Banister

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz Apr 2015

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.


Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen Mar 2015

Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.


Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen Mar 2015

Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.


Bureaucratic Organizations And The Theory Of Adjudication, Meir Dan-Cohen Mar 2015

Bureaucratic Organizations And The Theory Of Adjudication, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.


A Jurisprudential Divide In U.S. V. Wong & U.S. V. June, Richard J. Peltz-Steele Jan 2015

A Jurisprudential Divide In U.S. V. Wong & U.S. V. June, Richard J. Peltz-Steele

Faculty Publications

In spring 2015, the U.S. Supreme Court decided two consolidated cases construing the Federal Tort Claims Act, U.S. v. Kwai Fun Wong and U.S. v June, Conservator. The Court majority, 5-4, per Justice Kagan, ruled in favor of the claimants and against the Government in both cases. On the face of the majority opinions, Wong and June come off as straightforward matters of statutory construction. But under the surface, the cases gave the Court a chance to wrestle with fundamental questions of statutory interpretation. The divide in Wong and June concerns the role of the courts vis-à-vis Congress — one …