Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (19524)
- Constitutional Law (16551)
- Criminal Law (15754)
- Social and Behavioral Sciences (11750)
- Environmental Law (9490)
-
- State and Local Government Law (8916)
- Intellectual Property Law (8885)
- Comparative and Foreign Law (7276)
- Legal Studies (7234)
- Legislation (7055)
- Sociology (7014)
- Administrative Law (6803)
- Health Law and Policy (6754)
- Civil Rights and Discrimination (6731)
- Criminology and Criminal Justice (6639)
- Criminology (6470)
- Courts (6414)
- Labor and Employment Law (6161)
- Law and Society (5436)
- Human Rights Law (5432)
- Torts (5424)
- Criminal Procedure (5176)
- Business Organizations Law (4752)
- Property Law and Real Estate (4553)
- Family Law (4332)
- First Amendment (4199)
- Science and Technology Law (4157)
- Entertainment, Arts, and Sports Law (4084)
- Jurisprudence (3908)
- Institution
-
- University of Michigan Law School (11933)
- University of Pennsylvania Carey Law School (11721)
- Duke Law (9708)
- Fordham Law School (9677)
- Northwestern Pritzker School of Law (8176)
-
- Case Western Reserve University School of Law (7691)
- University of North Carolina School of Law (7595)
- University of California, Hastings College of the Law (7259)
- Maurer School of Law: Indiana University (6397)
- Louisiana State University Law Center (6197)
- Boston College Law School (5737)
- Marquette University Law School (5714)
- Vanderbilt University Law School (5642)
- American University Washington College of Law (5595)
- University of Missouri School of Law (5393)
- William & Mary Law School (4873)
- University of San Diego (4773)
- Cornell University Law School (4451)
- Washington and Lee University School of Law (4414)
- University of Washington School of Law (4376)
- West Virginia University (4256)
- Loyola University Chicago, School of Law (4044)
- University of Kentucky (3984)
- Chicago-Kent College of Law (3932)
- University at Buffalo School of Law (3873)
- University of the Pacific (3811)
- Notre Dame Law School (3784)
- University of Richmond (3598)
- University of South Carolina (3510)
- Loyola Marymount University and Loyola Law School (3457)
- Keyword
-
- Law (1834)
- Constitutional law (1593)
- International law (1515)
- Supreme Court (1388)
- Evidence (1282)
-
- Constitution (1279)
- Discrimination (1176)
- Human rights (1133)
- First Amendment (1126)
- Regulation (1117)
- Copyright (1114)
- International Law (1100)
- Jurisdiction (1090)
- United States (1090)
- Liability (1068)
- United States Supreme Court (1038)
- History (1026)
- Constitutional Law (1022)
- Torts (993)
- Law reform (936)
- Criminal law (930)
- Legislation (916)
- Due process (902)
- Corporations (893)
- Contracts (886)
- Ethics (874)
- Negligence (863)
- Intellectual property (860)
- Privacy (856)
- Louisiana (847)
- Publication Year
- Publication
-
- University of Pennsylvania Law Review (8436)
- Michigan Law Review (8206)
- Journal of Criminal Law and Criminology (6626)
- North Carolina Law Review (5837)
- Louisiana Law Review (5638)
-
- Fordham Law Review (4781)
- Indiana Law Journal (4776)
- West Virginia Law Review (4248)
- Marquette Law Review (4195)
- Law and Contemporary Problems (4047)
- Case Western Reserve Law Review (3803)
- Missouri Law Review (3535)
- Kentucky Law Journal (3499)
- Vanderbilt Law Review (3429)
- South Carolina Law Review (3319)
- Notre Dame Law Review (3269)
- Washington Law Review (3258)
- Chicago-Kent Law Review (3246)
- North Dakota Law Review (3241)
- Washington and Lee Law Review (3199)
- Duke Law Journal (3135)
- Buffalo Law Review (3093)
- Hastings Law Journal (2961)
- Boston College Law Review (2903)
- Cornell Law Review (2899)
- Florida Law Review (2886)
- Duquesne Law Review (2733)
- Villanova Law Review (2536)
- Cleveland State Law Review (2451)
- William & Mary Law Review (2428)
- File Type
Articles 1 - 30 of 283983
Full-Text Articles in Law
The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman
The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman
Florida State University Law Review
In 2017, the U.S. Senate confirmed Neil M. Gorsuch’s nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch’s primary area of expertise is anti-trust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.
His unique expertise will likely situate Gorsuch as one of the Court’s leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to antitrust principles and execution. …
Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines
Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines
Montana Law Review
Teschner v. Commissioner
The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk
The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk
Hastings Law Journal
The political push for the adoption of state-level “green amendments” in the United States has gained significant traction in just the last couple of years. Green amendments add an environmental right to a state’s constitution. Five such amendments were made in the 1970s in Pennsylvania, Montana, Hawaii, Massachusetts, and Illinois. This Article looks in depth at the case law that has developed the contours of these constitutional environmental rights in the wake of the political revival of environmental constitutionalism in the United States. I distill two lessons from this jurisprudence. First, constitutional environmental rights are interpreted by the courts as …
“Cancel Culture” And Criminal Justice, Steven Arrigg Koh
“Cancel Culture” And Criminal Justice, Steven Arrigg Koh
Hastings Law Journal
This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals obscure a deeper necessity: transcendence of blame …
A Unique Path To Nationwide Paid Family And Medical Leave: Through The U.S. States, Yan Goodwin
A Unique Path To Nationwide Paid Family And Medical Leave: Through The U.S. States, Yan Goodwin
DePaul Law Review
No abstract provided.
The Absurd Pandemonium Surrounding Spacs: An Argument In Favor Of Legislative And Judicial Restraint, Eric D. Guenther
The Absurd Pandemonium Surrounding Spacs: An Argument In Favor Of Legislative And Judicial Restraint, Eric D. Guenther
DePaul Law Review
No abstract provided.
Segregation On-Demand: Limiting Discriminatory Municipal Incorporations, Shai Stern
Segregation On-Demand: Limiting Discriminatory Municipal Incorporations, Shai Stern
DePaul Law Review
No abstract provided.
Reflections On Establishing The Depaul Law Review, Allen Moye
Reflections On Establishing The Depaul Law Review, Allen Moye
DePaul Law Review
No abstract provided.
Volume 72, Issue I Cover Matter
Covid-19 Policies & Their Impact On Housing And Health Outcomes In The City Of Chicago, Khushbu Patel
Covid-19 Policies & Their Impact On Housing And Health Outcomes In The City Of Chicago, Khushbu Patel
DePaul Journal of Health Care Law
The COVID-19 mandates and policies that were implemented by both the state of Illinois and the City of Chicago, such as the eviction moratorium, dramatically improved health outcomes by alleviating the financial stress of many households. Discussing social determinants of health and evaluating the impact that each social determinant had on housing and health outcomes allows for an in-depth look at the overall concept of housing in Chicago and the health outcomes of low-income individuals. Comparing the housing laws in place before COVID-19 at the federal, state, and local levels allows for analyzing the impact of the COVID-19 policies and …
A Case For Brandeisian Federalism: The Erisa Preemption Clause And State Health Care Reform, Jordan May
A Case For Brandeisian Federalism: The Erisa Preemption Clause And State Health Care Reform, Jordan May
DePaul Journal of Health Care Law
The United States spends more for health care per capita than any other country in the world. Despite spending more, the United States has weaker health care outcomes than other similarly developed countries. This fact alone makes health care an important subject for policy reform. Given the current partisan gridlock in Congress, it is difficult to foresee any significant legislation in the area of health care reform at the federal level in the near future. As a result, Congress has allocated major health care reform efforts to the states. However, ERISA stands as a huge obstacle to state health care …
After Fifty Years Of The War On Drugs, The Nation Looks West: Why Oregon Required The Drug Addiction Treatment And Recovery Act And What We Can Learn From It, Cailin Harrington
After Fifty Years Of The War On Drugs, The Nation Looks West: Why Oregon Required The Drug Addiction Treatment And Recovery Act And What We Can Learn From It, Cailin Harrington
Seton Hall Law Review
No abstract provided.
Reducing Fragmentation: A Transparent And Efficient Approach To The American Health Care System, Annie Lucatuorto
Reducing Fragmentation: A Transparent And Efficient Approach To The American Health Care System, Annie Lucatuorto
Seton Hall Law Review
No abstract provided.
The Truth About Falsity: “Dueling Experts” And Why The False Claims Act Requires Proof Of An Objective Falsity, Rachel L. Leung
The Truth About Falsity: “Dueling Experts” And Why The False Claims Act Requires Proof Of An Objective Falsity, Rachel L. Leung
Seton Hall Law Review
No abstract provided.
The Electoral Count Act: “Regularly Given,” The Denominator Problem, And The 101st Vote, Thomas "T.J." Kingeter
The Electoral Count Act: “Regularly Given,” The Denominator Problem, And The 101st Vote, Thomas "T.J." Kingeter
Seton Hall Law Review
No abstract provided.
Deregulation: Too Big For One Branch, But Maybe Not For Two, Stephen M. Johnson
Deregulation: Too Big For One Branch, But Maybe Not For Two, Stephen M. Johnson
Seton Hall Law Review
No abstract provided.
Citizenship, Assimilation, And The Insular Cases: Reversing The Tide Of Cultural Protectionism At American Samoa, Jason Buhi
Seton Hall Law Review
No abstract provided.
White Christian Nationalism Enters The Political Mainstream: Implications For The Roberts Court And Religious Freedom, Stephen M. Feldman
White Christian Nationalism Enters The Political Mainstream: Implications For The Roberts Court And Religious Freedom, Stephen M. Feldman
Seton Hall Law Review
No abstract provided.
Witness Hide-And-Seek: Why Federal Prosecutors Should Record Pretrial Interviews, Christina M. Frohock, Jeffrey E. Marcus
Witness Hide-And-Seek: Why Federal Prosecutors Should Record Pretrial Interviews, Christina M. Frohock, Jeffrey E. Marcus
Seton Hall Law Review
No abstract provided.
Paternalism In International Human Rights Law, Lucas Lixinski, Noam Peleg
Paternalism In International Human Rights Law, Lucas Lixinski, Noam Peleg
Duke Journal of Comparative & International Law
This article argues that international human rights law (IHRL) at a system-wide level produces paternalistic effects that undermine the work it is meant to do for rightsholders. Analyzing the work of four key United Nations human rights treaty bodies, we show how institutional arrangements exclude rightsholders from having a say on their own interests in what IHRL should mean for them, and we are instead left with a body of norms, guidelines, and institutions with self-serving dynamics that reinforce the position of IHRL institutions and only secondarily benefit rightsholders.
Law Over Legalism: International Court Legitimacy In Lautsi V. Italy, Sebastián Guidi
Law Over Legalism: International Court Legitimacy In Lautsi V. Italy, Sebastián Guidi
Duke Journal of Comparative & International Law
2009 brought an existential crisis to the European Court of Human Rights (ECtHR). In November, it unanimously ordered Italy to remove crucifixes from public schools. Backlash was unprecedented. The government promptly announced it would not comply. Politicians and social actors all across the political spectrum harshly criticized the decision and bashed the Court. Ten European countries joined Italy in referring the case to the Grand Chamber of the Court, which reversed the decision in 2011. The storm abated. Lautsi v. Italy likely received the most public attention of any ECtHR judgment. Much of the Court’s subsequent case-law was decided with …
New Perspectives On Iran: The Path To Progressive Family Law Before The Islamic Revolution, Neeki Memarzadeh
New Perspectives On Iran: The Path To Progressive Family Law Before The Islamic Revolution, Neeki Memarzadeh
Duke Journal of Comparative & International Law
A progressive Iranian women's rights movement has slipped through the cracks of mainstream scholarship. In the 1960s, Iranian women rallied for progressive family law reforms; their efforts culminated in the Family Protection Law of 1967. This note provides an alternative view of the women's rights movement in the Middle East and highlights how a social movement gave rise to comprehensive and progressive family law reform. Over the last century, Iran has been under authoritarian rule, first in the form of a monarchy and now in a theocracy. In spite of this, Iranian women have been steadfast in the fight for …
Federal Recognition Of Native American Tribes In The United States And The International Right To Self-Determination: Why Congress Should Exercise Its Constitutional Authority To Federally Recognize The Lumbee Tribe, James Ennis Street
Duke Journal of Comparative & International Law
Native American tribal nations covet state and federal tribal recognition. The Lumbee Tribe is one of those tribes. Though North Carolina has granted the Lumbee Tribe State recognition, the Lumbee Tribe's 134-year-long quest for Federal recognition has not been successful. Neither of the two types of Federal Recognition – Administrative and Congressional – have permitted the Lumbee Tribe to benefit alongside the other federally-recognized Tribes from increased respect, sovereignty, and resources. Instead, the Lumbee Tribe has been spun around by the regulatory recognition rigmarole.
In this article, I first explore arguments for and against federal recognition of the Lumbee Tribe. …
The Immigration Shadow Docket, Faiza W. Sayed
The Immigration Shadow Docket, Faiza W. Sayed
Northwestern University Law Review
Each year, the Board of Immigration Appeals (BIA)—the Justice Department’s appellate immigration agency that reviews decisions of immigration judges and decides the fate of thousands of noncitizens—issues about thirty published, precedential decisions. At present, these are the only decisions out of approximately 30,000 each year, that are readily available to the public and provide detailed reasoning for their conclusions. This is because most of the BIA’s decision-making happens on what this Article terms the “immigration shadow docket”—the tens of thousands of other decisions the BIA issues each year that are unpublished and nonprecedential. These shadow docket decisions are generally authored …
Consequences And The Supreme Court, Aaron Tang
Consequences And The Supreme Court, Aaron Tang
Northwestern University Law Review
May the Supreme Court consider consequences when it decides the hard cases that divide us? The conventional wisdom is that it may not. Scholars have argued, for example, that consequentialism is a paradigmatic “anti-modal” form of reasoning at the Court. And the Court itself has declared that “consequences cannot change our understanding of the law.”
This Article presents evidence of a possible shift in the standard account. Although many kinds of consequentialist arguments remain forbidden, such as naked judicial efforts to maximize social utility, a particular form of consequentialism is now surprisingly common when the Supreme Court confronts hard cases. …
The Counterdemocratic Difficulty, Aziz Z. Huq
The Counterdemocratic Difficulty, Aziz Z. Huq
Northwestern University Law Review
Since the 2020 elections, debate about the Supreme Court’s relationship with the mechanisms of national democracy has intensified. One important thread of that debate focuses critically on the possibility of a judicial decision flipping a presidential election or thwarting the will of national majorities respecting progressive legislation, and pushes concerns about the Court’s effect on national democracy. A narrow focus on specific interventions, however, does not exhaust the subtle and consequential ways in which the Court influences whether and how the American democratic system thrives or fails. A narrow focus is partial because it construes democracy as merely the aggregation …
Defining Interim Storage Of Nuclear Waste, Max Johnson
Defining Interim Storage Of Nuclear Waste, Max Johnson
Northwestern University Law Review
Nuclear power may be humanity’s best hope to curb climate-altering greenhouse gas emissions. But public fear of its dangers, including the toxicity of nuclear waste, undermines its expansion. To provide for more effective waste disposal, in 2021 and 2022 the Nuclear Regulatory Commission (NRC) recommended licensing two privately-owned nuclear waste storage facilities—called Consolidated Interim Storage Facilities (CISFs)—to be built in New Mexico and in Texas. Both states vehemently oppose the construction and operation of these facilities: legislators in both states have proposed state laws opposing them, and both states have sued the NRC challenging the legality of the facilities’ licensure. …
The Misunderstood History Of Textualism, Tara Leigh Grove
The Misunderstood History Of Textualism, Tara Leigh Grove
Northwestern University Law Review
This Article challenges widespread assumptions about the history of textualism. Jurists and scholars have sought for decades to distinguish “modern textualism” from the so-called “plain meaning school” of the late nineteenth and early twentieth centuries—an approach that both textualists and non-textualists alike have long viewed as improperly “literal” and “wooden.” This Article shows that this conventional historical account is incorrect. Based on a study of statutory cases from 1789 to 1945 that use the term “plain meaning” or similar terms, this Article reveals that, under the actual plain meaning approach, the Supreme Court did not ignore context but looked to …