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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 Jan 2021

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 Jan 2017

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 Jan 2015

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 Jan 2014

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. Jan 2013

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 Jan 2010

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 Jan 2010

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 Jan 2008

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 Apr 2007

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 Jan 2007

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 Jan 2007

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 Apr 2004

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 Apr 2004

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 May 2003

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 Jan 2003

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 Jan 1999

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.