Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (9)
- Constitutional Law (4)
- Social and Behavioral Sciences (3)
- Arts and Humanities (2)
- Civil Rights and Discrimination (2)
-
- Intellectual Property Law (2)
- Law and Economics (2)
- Legal History (2)
- Public Affairs, Public Policy and Public Administration (2)
- African Languages and Societies (1)
- American Literature (1)
- American Studies (1)
- Civil Procedure (1)
- Communication (1)
- Criminal Procedure (1)
- English Language and Literature (1)
- Environmental Law (1)
- Environmental Policy (1)
- Feminist, Gender, and Sexuality Studies (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- Health Law and Policy (1)
- Health Policy (1)
- Human Rights Law (1)
- International Law (1)
- International Trade Law (1)
- Law and Society (1)
- Legal Ethics and Professional Responsibility (1)
- Publication
-
- Charles W. Murdock (4)
- Alina Ng (2)
- Darren L Hutchinson (2)
- Jack C Dolance II (2)
- Timothy J. Stostad (2)
-
- Alani Golanski (1)
- Alex Stein (1)
- Allen Mendenhall (1)
- Andrew C. Spiropoulos (1)
- Angela P Harris (1)
- Anjana Malhotra (1)
- Carol Zeiner (1)
- Dan Priel (1)
- David C. Gray (1)
- David K. Millon (1)
- Donald G Gifford (1)
- John T. Valauri (1)
- Joshua M. Koppel (1)
- Karl E. Klare (1)
- Larry A DiMatteo (1)
- Mark A. Chinen (1)
- Matt A Vega (1)
- Maxwell L. Stearns (1)
- Noah B Novogrodsky (1)
- Patrick Poole (1)
- Pratheepan Gulasekaram (1)
- Robert E. Atkinson Jr. (1)
- Robert F Schopp (1)
- Rodger Citron (1)
- Sam Kalen Mr. (1)
- File Type
Articles 31 - 41 of 41
Full-Text Articles in Law
The Immigrant And Miranda, Anjana Malhotra
The Immigrant And Miranda, Anjana Malhotra
Anjana Malhotra
The recent dramatic convergence of immigration and criminal law is transforming the immigration and criminal justice system. While scholars have begun to examine some of the structural implications of this convergence, this article breaks new ground by examining judicial responses, and specifically the sharply divergent approaches that federal appellate courts have used to determine whether Miranda warnings must be given to immigrants during custodial interrogations about their immigration status that have both criminal and civil implications.
Judging Stories, Noah Novogrodsky
Judging Stories, Noah Novogrodsky
Noah B Novogrodsky
Judging Stories Abstract This Article uses the confluence of incitement to genocide and hate speech in a single case to explore the power of stories in law. That power defines how we see the world, how we form communities of meaning and how we speak to one another. Previous commentators have recognized that law is infused with stories, from the narratives of litigants, to the rhetoric of lawyers, to the tales that judges interpret and create in the form of written opinions. This Article builds on those insights to address the problems posed by transnational speech and the question of …
Note: Guiding The Modern Lawyer Through A Global Economy: An Analysis On Outsourcing And The Aba's 2012 Proposed Changes To The Model Rules, Patrick Poole
Patrick Poole
Over the last few decades, the dramatic changes that have occurred in the global economy have similarly altered the landscape for outsourced work both domestically and internationally. One study estimates that as many as 3.3 million white-collar jobs could be shipped abroad by 2015. This growing trend has also substantially affected the unique nature of the legal field. For the past year and a half, the American Bar Association (ABA) Ethics 20/20 Commission has been considering changes to the Model Rules of Professional Conduct as they relate to domestic and international outsourcing. The revision process has included soliciting input from …
An 'All Of The Above' Theory Of Legal Development (Revised), Larry A. Dimatteo
An 'All Of The Above' Theory Of Legal Development (Revised), Larry A. Dimatteo
Larry A DiMatteo
The paper provides a brief background of Nathan Isaacs, his work, and his theory of legal development. Invariably, when analyzing Isaacs’ claim that history proves that law developments in cycles (status to contract to status) the role of Jewish legal history in the development of his thought will play an important role in understanding his theory. Isaacs’ was that rare scholar knowledgeable in the common law, as well as, civil law. A pragmatic realist, as well as a devote Jew. He was a legal historian and very much a man of the present. He possessed a Ph.D. in Economics, and …
Fulfilling The U.S. Obligation To Prevent Exterminationism: A Comprehensive Approach To Regulating Hate Speech And Dismantling Systems Of Genocide., Sarah E. Ryan
Sarah E Ryan
No abstract provided.
Critical Race Theory, Angela P. Harris
Critical Race Theory, Angela P. Harris
Angela P Harris
This entry in the International Encyclopedia of the Social & Behavioral Sciences describes critical race theory.
A Bad Trip For Health-Related Human Rights: Implications Of Momcilovic V The Queen (2011) 85 Aljr 957, Tim Vines, Thomas A. Faunce
A Bad Trip For Health-Related Human Rights: Implications Of Momcilovic V The Queen (2011) 85 Aljr 957, Tim Vines, Thomas A. Faunce
Thomas A Faunce
Momcilovic v The Queen (2011) 85 ALJR 957 [PDF] ; [2011] HCA 34 arose from a prosecution for drug trafficking brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) . The Australian High Court held that the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) validly conferred a power on the Victorian Supreme Court and Court of Appeal to interpret legislation in a manner consistent with a defined list of human rights. By a slim majority it also held that the Charter validly created a judicial power to "declare" a law inconsistent with one or …
The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky
The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky
Alex Stein
In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent. Our main thesis is that rights afford their holders meaningful protection only against challengers who face higher litigation costs than the rightholder. Contrariwise, challengers who can litigate more cheaply than a rightholder can force the rightholder to forfeit the right and thereby render the right ineffective. Consequently, in the real world, rights avail only against certain challengers but not others. This result is robust and pervasive. Furthermore, it obtains irrespectively of how rights and other legal entitlements are defined by the legislator or construed by …
A Swindle With Big Words And Virtues?: Leiter On Dworkin And "Nonsense Jurisprudence", Timothy J. Stostad
A Swindle With Big Words And Virtues?: Leiter On Dworkin And "Nonsense Jurisprudence", Timothy J. Stostad
Timothy J. Stostad
In a recent essay, Professor Brian Leiter argues that the jurisprudence of Professor Ronald Dworkin, which Leiter calls “Moralist” jurisprudence, is neither “relevant [nor] illuminating when it comes to law and adjudication.” Exponents of such jurisprudence, Leiter argues, credulously attend to the articulated doctrinal rationales offered by judges as grounds for their decisions. “Realists,” by contrast, recognize that certain nonlegal factors better predict patterns of judicial decision making than do doctrinal rationales. According to Leiter, it follows from the fact that nonlegal factors predict and presumably influence judicial decisions, that attention to judges’ stated rationales is largely a mistake. Here, …
My “Country” Lies Over The Ocean: Seasteading And Polycentric Law, Allen P. Mendenhall
My “Country” Lies Over The Ocean: Seasteading And Polycentric Law, Allen P. Mendenhall
Allen Mendenhall
This essay considers the implications of the Seasteading Institute upon notions of law and sovereignty and argues that seasteading could make possible the implementation or ordering of polycentric legal systems while providing evidence for the viability of private-property anarchism or anarchocapitalism, at least in their nascent forms. This essay follows in the wake of Edward P. Stringham’s edition Anarchy and the Law and treats seasteading and polycentric law as concrete realities that lend credence to certain anarchist theories. Polycentric law in particular allows for institutional diversity that enables a multiplicity of rules to coexist and even compete in the open …
What Piece Of Work Is Man: Frans De Waal And Pragmatist Naturalism, Wouter H. De Been, Sanne Taekema
What Piece Of Work Is Man: Frans De Waal And Pragmatist Naturalism, Wouter H. De Been, Sanne Taekema
Wouter H. de Been
Frans de Waal has questioned a central premise of liberal theory, i.e. that human beings are primarily defined by selfishness and rationality. This premise does not conform to what we know from research about our primate origins - namely that primates are gregarious and guided by sympathy and empathy. De Waal argues we should return to Adam Smith’s moral theory and his focus on sympathy and empathy. We believe a return to pragmatism would be more appropriate. Pragmatism largely conforms to the view of human nature that De Waal’s research now supports. We argue that pragmatism can provide a more …