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Articles 1 - 23 of 23
Full-Text Articles in Law
No Sense Of Decency, Kathryn E. Miller
No Sense Of Decency, Kathryn E. Miller
Washington Law Review
For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …
‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Soloman, Russell G. Pearce
‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Soloman, Russell G. Pearce
Touro Law Review
The role and function of “halakha” (Jewish law) in Jewish communal life is a divisive issue: while Orthodox Jews tend to embrace Jewish law, non-Orthodox Jews (here deemed “Heterodox”) generally reject Jewish law and halakhic discourse. We will explore the way in which Robert Cover’s work offers an antidote to categorical Heterodox distaste for halakha specifically, and law more broadly, providing a pathway into an articulation of halakha that may speak to Heterodox Jews specifically: one that is driven by creative “jurisgenerative” potential, that is informed by a paideic pluralism, and that is fundamentally democratic in its commitment to being …
Therapeutic Jurisprudence: Foundations, Expansion, And Assessment, David C. Yamada
Therapeutic Jurisprudence: Foundations, Expansion, And Assessment, David C. Yamada
University of Miami Law Review
Therapeutic Jurisprudence: Foundations, Expansion, and Assessment Founded in 1987 by law professors David Wexler and the late Bruce Winick, therapeutic jurisprudence (“TJ”) is a multidisciplinary school of legal theory and practice that examines the therapeutic and anti-therapeutic properties of law, policy, and legal institutions. In legal events and transactions, TJ inherently favors outcomes that advance human dignity and psychological well-being. Starting with original groundings in mental health and mental disability law, criminal law, and problem-solving courts, and with a geographic focus on the United States, TJ now embraces many aspects of law and policy and presents a strong international orientation. …
Islam And Democracy: Appreciating The Nuance And Complexity Of Legal Systems With A Basis In Religion, Massimo Campanini, Mohamed Arafa
Islam And Democracy: Appreciating The Nuance And Complexity Of Legal Systems With A Basis In Religion, Massimo Campanini, Mohamed Arafa
Barry Law Review
No abstract provided.
Challenging Congress's Single-Member District Mandate For U.S. House Elections On Political Association Grounds, Austin Plier
Challenging Congress's Single-Member District Mandate For U.S. House Elections On Political Association Grounds, Austin Plier
William & Mary Law Review
No abstract provided.
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
Touro Law Review
No abstract provided.
Restoring Accountability In Freedom Of Expression Theory: Public Libel Law And Radical Whig Ideology, Randall Stephenson
Restoring Accountability In Freedom Of Expression Theory: Public Libel Law And Radical Whig Ideology, Randall Stephenson
Osgoode Hall Law Journal
As leading common law jurisdictions grapple with the Internet’s impact on defamation law, comparative legal scholarship has revealed long-standing problems with its underlying theoretical justifications. Specifically, public libel doctrine is commonly supported by appeals to democratic theory in the abstract. Accountability concerns most relevant to adjudicating public libel cases are thus routinely overlooked. This article aims to diagnose the causes of these theoretical inaccuracies, describe their impact on public libel law, and translate their significance for law reform. Through exploring eighteenth-century libertarian thought, we highlight the foundational importance of accountability and the checking function rationale to democratic theory and governance. …
Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley
Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley
Indiana Law Journal
This Note will be primarily divided into three main sections. Part I of this Note will begin by discussing the importance of judicial independence in modern society and the role of elected officials in shaping the public perception of the courts. Additionally, as problems of judicial legitimacy are age-old and date back to America’s founding, Part I will include a brief discussion of an early clash between President Thomas Jefferson and the courts.
Parts II and III of this Note will seek to place President Trump’s conduct towards the judicial branch within the proper historical context. Part II examines the …
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
St. Mary's Law Journal
Abstract forthcoming
The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro
The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro
Dickinson Law Review (2017-Present)
At Justice Neil Gorsuch’s confirmation hearing, then-Judge Gorsuch repeatedly insisted that judging involves no more than examining the legal materials—like statutes and precedents— and applying them to the facts of the case. There is, he emphasized, no room for a Justice’s “personal views,” and he refused even to state his agreement (or disagreement) with such iconic cases as Loving v. Virginia and Griswold v. Connecticut. Instead, then Judge Gorsuch reiterated only that they were precedents of the Court and thus entitled to respect. Frustrating as his answers may have been to some senators, however, they differed from answers given …
Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale
University of Arkansas at Little Rock Law Review
No abstract provided.
Beyond Punks In Empty Chairs: An Imaginary Conversation With Clint Eastwood’S Dirty Harry—Toward Peace Through Spiritual Justice, Mark L. Jones
Beyond Punks In Empty Chairs: An Imaginary Conversation With Clint Eastwood’S Dirty Harry—Toward Peace Through Spiritual Justice, Mark L. Jones
University of Massachusetts Law Review
This Article is based on a presentation at the 2012 conference on “Struggles for Recognition: Individuals, Peoples, and States” co-sponsored by Mercer University, the Concerned Philosophers for Peace, and the Carnegie Council for Ethics in International Affairs, and it seeks to help combat our human tendency to demonize the Other and thus to contribute in some small way to the reduction of unnecessary conflict and violence. The discussion takes the form of a conversation in a bar between four imagined protagonists, who have participated in the conference, and Clint Eastwood’s Dirty Harry, who is having a bad day questioning his …
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Brooklyn Journal of Corporate, Financial & Commercial Law
In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Pepperdine Law Review
No abstract provided.
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
Legislation and Policy Brief
This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Indiana Law Journal
This Article examines Justice Ginsburg's overlooked federalism jurisprudence and concludes that it almost perfectly complements President Bill Clinton's New Democratic centrism, especially his pro-state federalism agenda. The Article concludes that their nuanced, "centrist" approach to federalism has two characteristics. First,t hey value the states 'governing autonomy and show respect for the state agents that realize that autonomy. Second, they credit the states as intersubjective actors engaged in the pursuit of their interests, albeit in political processes usually carried out at the federal level.
An Improved Analytical Framework For The Official Acknowledgment Doctrine: A Broader Interpretation Of “Through An Official And Documented Disclosure”, Jessica Fisher
NYLS Law Review
No abstract provided.
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Cardozo Law Review
No abstract provided.
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
Cardozo Law Review
No abstract provided.
Hegel And Postmodernity, Dennis M. Patterson
Not-So-Critical Legal Studies, Stephen Diamond
Not-So-Critical Legal Studies, Stephen Diamond
Cardozo Law Review
No abstract provided.
Political Markets And Community Self-Determination: Competing Judicial Models Of Local Government Legitimacy, Frank I. Michelman
Political Markets And Community Self-Determination: Competing Judicial Models Of Local Government Legitimacy, Frank I. Michelman
Indiana Law Journal
This article is a significantly revised version of the Harris Lectures delivered in April, 1977 at the Indiana University School of Law of Bloomington.
Political Jurisprudence, Martin Shapiro