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Articles 1 - 30 of 58
Full-Text Articles in Law
Nino’S Nightmare: Legal Process Theory As A Jurisprudence Of Toggling Between Facts And Norms, William N. Eskridge Jr.
Nino’S Nightmare: Legal Process Theory As A Jurisprudence Of Toggling Between Facts And Norms, William N. Eskridge Jr.
Saint Louis University Law Journal
No abstract provided.
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria F. Nourse
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria F. Nourse
Saint Louis University Law Journal
In this writing, I apply a “decision theory” of statutory interpretation, elaborated recently in the Yale Law Journal, to Professor William Eskridge’s illustrative case, Babbitt v. Sweet Home Chapter of Communities for a Great Oregon.[1] In the course of this application, I take issue with the conventional wisdom that purposivism, as a method of statutory interpretation, is inevitably a more virtuous model of statutory interpretation. First, I question whether we have a clear enough jurisprudential picture both of judicial discretion and legal as opposed to political normativity. Second, I argue that, under decision theory, Sweet Homeis a …
A Harder “Hard Case”, Doug Williams
A Harder “Hard Case”, Doug Williams
Saint Louis University Law Journal
No abstract provided.
Steer Clear Of The Twilight Zone And Apply Common Sense: A Few Thoughts On Statutory Interpretation, Richard D. Cudahy
Steer Clear Of The Twilight Zone And Apply Common Sense: A Few Thoughts On Statutory Interpretation, Richard D. Cudahy
Saint Louis University Law Journal
No abstract provided.
Not Making Sales Paid Too Well For Pharmaceutical Reps: Why The Result In Christopher V. Smithkline Beecham Corp. Makes Sense Even If Its Statutory Construction Does Not, Robert J. Hurtt Jr.
Not Making Sales Paid Too Well For Pharmaceutical Reps: Why The Result In Christopher V. Smithkline Beecham Corp. Makes Sense Even If Its Statutory Construction Does Not, Robert J. Hurtt Jr.
Saint Louis University Law Journal
No abstract provided.
Modernizing Underinsured Motorist Coverage In Missouri: Removing The Insurance Paradox Between Uninsured And Underinsured Coverage Via Legislative Action, David W. Reynolds
Modernizing Underinsured Motorist Coverage In Missouri: Removing The Insurance Paradox Between Uninsured And Underinsured Coverage Via Legislative Action, David W. Reynolds
Saint Louis University Law Journal
No abstract provided.
A Holistic Approach To Teaching Work Law, Marion Crain, Pauline T. Kim
A Holistic Approach To Teaching Work Law, Marion Crain, Pauline T. Kim
Saint Louis University Law Journal
No abstract provided.
Collaboration And Community: The Labor Law Group And The Future Of Labor And Employment Casebooks, Matthew T. Bodie
Collaboration And Community: The Labor Law Group And The Future Of Labor And Employment Casebooks, Matthew T. Bodie
Saint Louis University Law Journal
No abstract provided.
Teaching Employment Discrimination Law, Virtually, Miriam A. Cherry
Teaching Employment Discrimination Law, Virtually, Miriam A. Cherry
Saint Louis University Law Journal
No abstract provided.
Teaching Employment And Labor Law Symposium, Susan A. Fitzgibbon
Teaching Employment And Labor Law Symposium, Susan A. Fitzgibbon
Saint Louis University Law Journal
No abstract provided.
From Podcasts To Treasure Hunts—Using Technology To Promote Student Engagement, Marcia L. Mccormick
From Podcasts To Treasure Hunts—Using Technology To Promote Student Engagement, Marcia L. Mccormick
Saint Louis University Law Journal
No abstract provided.
Contractual Expansion Of Judicial Review Of Arbitration Awards In Missouri After Hall Street And Cable Connection, Benjamin A. Griffith
Contractual Expansion Of Judicial Review Of Arbitration Awards In Missouri After Hall Street And Cable Connection, Benjamin A. Griffith
Saint Louis University Law Journal
No abstract provided.
Teaching The Post-Sex Generation, Kerri Lynn Stone
Teaching The Post-Sex Generation, Kerri Lynn Stone
Saint Louis University Law Journal
No abstract provided.
Banning Sharia Is A “Red Herring”: The Way Forward For All Americans, Abdullahi Ahmed An-Na'im
Banning Sharia Is A “Red Herring”: The Way Forward For All Americans, Abdullahi Ahmed An-Na'im
Saint Louis University Law Journal
No abstract provided.
The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort
The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort
Saint Louis University Law Journal
As the nation faces cultural divides over the meaning of the “Founding,” the Constitution, and who owns these meanings, the Court’s embrace of originalism is one strand that feeds the divide. The Court’s valuing of the original interpretation of the Constitution has reinforced the Founder fetishism also found in popular culture, specifically within the politics of those identified as the Tea Party. As addressed elsewhere, their strict worship of the Founders has historical implications for both women and African Americans, groups both marginalized and viewed as property in the Constitution. No one, however, has written about how the Court's cobbled …
Secularism, The Rule Of Law, And ‘Shari‘A Courts’: An Ethnographic Examination Of A Constitutional Controversy, Jeffrey A. Redding
Secularism, The Rule Of Law, And ‘Shari‘A Courts’: An Ethnographic Examination Of A Constitutional Controversy, Jeffrey A. Redding
Saint Louis University Law Journal
No abstract provided.
Sages, Savages, And Other Speech Act Communities: Culture In Comparative Law, Monica Eppinger
Sages, Savages, And Other Speech Act Communities: Culture In Comparative Law, Monica Eppinger
Saint Louis University Law Journal
This Article re-examines the possible utility of the concept of culture in comparative law. It reviews some limits and misuses of the concept of culture and introduces a components approach to using it in comparative analysis. First presented at a Symposium inspired by Laurence Tribe’s The Invisible Constitution, the Article takes up a key question emerging from Tribe’s work: How does a constitution constitute? Two conceptual tools from anthropology and sister disciplines, performative speech acts and performance theory, lend insight into how discourse produces literal meaning and, in parallel, produces and reproduces speech act communities. Having introduced a components …
The Relevance Of African Culture In Building Modern Institutions And The Quest For Legal Pluralism, Samahagn G. Abebe
The Relevance Of African Culture In Building Modern Institutions And The Quest For Legal Pluralism, Samahagn G. Abebe
Saint Louis University Law Journal
No abstract provided.
Constitutions, Culture, And History, Michal Jan Rozbicki
Constitutions, Culture, And History, Michal Jan Rozbicki
Saint Louis University Law Journal
No abstract provided.
Losing The Game: An Analysis Of The Brown V. Entertainment Merchants Association Decision And Its Ramifications In The Area Of “Interactive” Video Games, Lindsay E. Wuller
Losing The Game: An Analysis Of The Brown V. Entertainment Merchants Association Decision And Its Ramifications In The Area Of “Interactive” Video Games, Lindsay E. Wuller
Saint Louis University Law Journal
No abstract provided.
The New Face Of Missouri Child Sex Crimes: Elect Or Instruct, Bliss Worrell
The New Face Of Missouri Child Sex Crimes: Elect Or Instruct, Bliss Worrell
Saint Louis University Law Journal
No abstract provided.
Remedies: A Guide For The Perplexed, Doug Rendleman
Remedies: A Guide For The Perplexed, Doug Rendleman
Saint Louis University Law Journal
No abstract provided.
Remedies: A Course Fit For Civil Procedure Teachers, David I. Levine
Remedies: A Course Fit For Civil Procedure Teachers, David I. Levine
Saint Louis University Law Journal
No abstract provided.
Of Carts And Horses: Organizing Remedies For The Classroom, Elaine W. Shoben
Of Carts And Horses: Organizing Remedies For The Classroom, Elaine W. Shoben
Saint Louis University Law Journal
No abstract provided.