Law Commons^™

Soaps And Shampoos: Proposals To Reform Regulation In The United States Personal Care Market To Decrease Deforestation From Palm Oil Imports, Kelsey Weston

Environmental and Earth Law Journal (EELJ)

Palm oil is the world's most highly sought-after vegetable oil due to its multifaceted uses and cheap cost of production. However, producing this versatile oil comes at a high cost to one of the largest biodiversity on the planet. Over the last two centuries, Indonesia and Malaysia have become the main producers and exporters of palm oil but they are also home to the largest number of mammal species in the world that have seen a staggering decline in populations. Furthermore, palm oil production has caused excessive release of greenhouse gases, increased disruption of forestland, and economic poverty for smallholders …

Pepperdine University School Of Law Legal Summaries, Jessica Linton

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Global Rise Of Judicial Review Since 1945, Steven G. Calabresi

Catholic University Law Review

This article expands upon the theory put forth in Professor Bruce Ackerman’s book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law, in which he posits that twentieth century revolutions in a variety of countries led to the constitutionalization of charisma, thus binding countries to the written constitutions established by their revolutionary leaders.

Constitutional law scholar, Steven G. Calabresi, argues here that world constitutionalism, in fact, existed prior to 1945, and what is especially striking about the post-1945 experience is that the constitutionalism of charisma included not only the adoption of written constitutions, but also the adoption of meaningful …

Pepperdine University School Of Law Legal Summaries, Matthew Rollin, Kelly Vollmer

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Drug Courts And The Following Of The Federal Guidelines, Charles James Souza

Master’s Theses and Projects

During the 1980’s, drug offense were running high within the United States. The court system along with the police and other fields were forced to form other methods of dealing with offenders who have a substance abuse problem. In 1989, the first drug court in the United States was formed in the state if Florida. The idea was to create a therapeutic method to help those who are committing non-violent criminal acts due to their addiction. The goal of drug court was to get offenders the treatment they needed so they would not resort to criminal activity. Drug court personal …

From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji

Journal of Race, Gender, and Ethnicity

No abstract provided.

Jurisprudence—Merely Judgment: A Fallibilist Account Of The Rule Of Law, Bruce K. Miller

Faculty Scholarship

How should judges decide the cases presented to them? In our system the answer is, “according to law,” as opposed to the judges’ preferred outcomes. But for at least a century, skeptics have cast doubt on whether adjudication under law is possible. Judge Richard Posner, now retired from the U.S. Court of Appeals for the Seventh Circuit, has, for example, argued that the indeterminacy of legal argument and the influence of judges’ predispositions show that it is not. Judge Posner thus recommends that judges give up on the rule of law in contested cases and instead candidly base their decisions …

Pepperdine University School Of Law Legal Summaries, Analise Nuxoll

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen

St. Mary's Law Journal

Abstract forthcoming

The Highest Court: A Dialogue Between Justice Louis Brandeis And Justice Antonin Scalia On Stare Decisis, P. Thomas Distanislao Iii

University of Richmond Law Review

No abstract provided.

In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker

University of Richmond Law Review

No abstract provided.

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …

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

Joan Hollinger

No abstract provided.

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

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

Georgia Journal of International & Comparative Law

No abstract provided.

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

Meir Dan-Cohen

No abstract provided.

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

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 …

The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet

Pace Law Review

Compared to other Western democracies, references to “human rights” are rare in domestic American law. A survey of landmark Supreme Court cases reveals that both conservative and liberal Justices made no mention of “human rights” when addressing fundamental questions: racial segregation, the death penalty, prisoners’ rights, women’s rights, children’s rights, gay rights, and indefinite detention at Guantanamo. This absence illustrates a broader societal trait. In the United States, “human rights” commonly evoke foreign problems like abuses in Third World dictatorships—not domestic problems. By contrast, human rights play a relatively important role as a domestic principle in Europe, Canada, Australia, and …

Legal Summaries , Emily Edwards

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries, Joseph J.M. Orabona

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries, Tina Serebrakian, Ryan Yahne

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries, Lisa Lester

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries, Jamie H. Kim

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries, Leslie Polizzotto

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries, Oscar Gutierrez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legislative Regulation Of Surrogacy And Reproductive Technology, Marjorie Maguire Shultz

Marjorie M. Shultz

No abstract provided.

Relationships Of Representation In Voting Rights Act Jurisprudence, Kathryn Abrams

Kathryn Abrams

No abstract provided.