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Articles 1 - 16 of 16
Full-Text Articles in Law
As A Matter Of Fact: Reasserting The Role Of Basic Facts In Veterans Court Jurisprudence, Jeffrey D. Parker
As A Matter Of Fact: Reasserting The Role Of Basic Facts In Veterans Court Jurisprudence, Jeffrey D. Parker
Saint Louis University Law Journal
Unique to legal literature, this article outlines the most basic and unsexy nature of fact finding at the lowest tribunal – what is decided by a lower tribunal after weighing the different stories and conflicting evidence, and after deciding which story to believe or which evidence has more value. While legal holdings and precedents are much more engaging to the legal mind, such legal “holdings” are heavily dependent upon the basic facts found for support. A legal rule without supporting facts is mere dicta, while a legal rule squarely derived from the facts forms a legal precedent.
This article identifies …
Indigent Defense Or Indigent Offense? The Unashamed Jurisprudence Of Barring Relief For Death-Sentenced Inmates Based Upon “Garden-Variety” Ineffectiveness Of Counsel, Mark E. Olive
Saint Louis University Law Journal
No abstract provided.
Old Wine, Old Bottles, And Not Very New Corks: On State Rfras And Free Exercise Jurisprudence, Mark Strasser
Old Wine, Old Bottles, And Not Very New Corks: On State Rfras And Free Exercise Jurisprudence, Mark Strasser
Saint Louis University Public Law Review
No abstract provided.
A Collection Of Essays On Libertarian Jurisprudence, Walter E. Block
A Collection Of Essays On Libertarian Jurisprudence, Walter E. Block
Saint Louis University Law Journal
We attempt to demonstrate that while it should be against the law to interfere with any property owner from receiving sunlight from directly above, this should not at all apply to tall buildings, which place into shadow their neighbors, and thus deprive them of sideways sunlight.
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.
Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian
Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian
Saint Louis University Law Journal
No abstract provided.
A Different “Enlightened” Jurisprudence?, David R. Loy
A Different “Enlightened” Jurisprudence?, David R. Loy
Saint Louis University Law Journal
No abstract provided.
Corporate Political Speech And The Balance Of Powers: A New Framework For Campaign Finance Jurisprudence In Wisconsin Right To Life, Frances R. Hill
Corporate Political Speech And The Balance Of Powers: A New Framework For Campaign Finance Jurisprudence In Wisconsin Right To Life, Frances R. Hill
Saint Louis University Public Law Review
No abstract provided.
Depriving America Of Evolving Its Own Standards Of Decency?: An Analysis Of The Use Of Foreign Law In Eighth Amendment Jurisprudence And Its Effect On Democracy, David J. Pfeffer
Depriving America Of Evolving Its Own Standards Of Decency?: An Analysis Of The Use Of Foreign Law In Eighth Amendment Jurisprudence And Its Effect On Democracy, David J. Pfeffer
Saint Louis University Law Journal
No abstract provided.
Misshapen Districts, Mistaken Jurisprudence: The Supreme Court’S Decisions On Partisan Gerrymandering, Alfred J. Caniglia Iii
Misshapen Districts, Mistaken Jurisprudence: The Supreme Court’S Decisions On Partisan Gerrymandering, Alfred J. Caniglia Iii
Saint Louis University Public Law Review
No abstract provided.
Bush V. Gore And The Uses Of 'Limiting', Chad Flanders
Bush V. Gore And The Uses Of 'Limiting', Chad Flanders
All Faculty Scholarship
My comment looks at the debate in the 6th Circuit case Stewart v. Blackwell in light of the history of the use of "limiting language" by the Supreme Court. I catalog the Court's past uses of limiting language, and distinguish between the Court's several uses of limiting language. Against those who defend the limiting language of Bush v. Gore as simply an example of innocuous minimalism, I report my findings that "limiting" is always used by the Court to nullify a principle that decided a previous case. Additionally, the Court has never, prior to Bush, used limiting language to limit …
Justice Advanced: Comments On William Nelson’S Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Robert J. Cottrol
Justice Advanced: Comments On William Nelson’S Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Robert J. Cottrol
Saint Louis University Law Journal
No abstract provided.
Brown V. Board Of Education And The Jurisprudence Of Legal Realism, William E. Nelson
Brown V. Board Of Education And The Jurisprudence Of Legal Realism, William E. Nelson
Saint Louis University Law Journal
No abstract provided.
The Constitutional Structure And The Jurisprudence Of Justice Scalia, Bradford R. Clark
The Constitutional Structure And The Jurisprudence Of Justice Scalia, Bradford R. Clark
Saint Louis University Law Journal
No abstract provided.
Drug Testing Those Crazy Chess Club Kids: The Supreme Court Turns Away From The One Clear Path In The Maze Of “Special Needs” Jurisprudence In Board Of Education V. Earls, Marcus Raymond
Saint Louis University Public Law Review
No abstract provided.
Advocating Equality: Judge Theodore Mcmillian’S Civil Rights Jurisprudence And St. Mary’S Honor Center V. Hicks, Leland Ware
Advocating Equality: Judge Theodore Mcmillian’S Civil Rights Jurisprudence And St. Mary’S Honor Center V. Hicks, Leland Ware
Saint Louis University Law Journal
No abstract provided.