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Articles 1 - 29 of 29
Full-Text Articles in Law
The Bob Barker Gifts To Support Animal Rights Law, Taimie L. Bryant
The Bob Barker Gifts To Support Animal Rights Law, Taimie L. Bryant
Journal of Legal Education
No abstract provided.
Book Review Of Out Of Range: Why The Constitution Can't End The Battle Over Guns, By Mark V. Tushnet, Dennis A. Henigan
Book Review Of Out Of Range: Why The Constitution Can't End The Battle Over Guns, By Mark V. Tushnet, Dennis A. Henigan
Journal of Legal Education
No abstract provided.
Book Review Of The Supreme Court And The American Elite, 1789-2008, By Lucas A. Powe, Jr., Joerg Knipprath
Book Review Of The Supreme Court And The American Elite, 1789-2008, By Lucas A. Powe, Jr., Joerg Knipprath
Journal of Legal Education
No abstract provided.
When Are Law And Economics Isomorphic?, John Cirace
When Are Law And Economics Isomorphic?, John Cirace
Golden Gate University Law Review
The legal community generally views the way in which judges decide cases as a rational decision process. However, the concept of judicial rationality is ambiguous, because judges use two rational decision processes: legal rationality and economic rationality. Legal rationality is based on the principle of precedent, or stare decisis, which requires that judges decide like cases alike. Judges determine whether cases are like or distinguishable through the construction of legal classifications and through recognition of factual similarities and differences.
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf
San Diego International Law Journal
The piece examines the treatment of the Fourth Amendment in immigration courts by surveying its jurisprudential history in those courts and then analyzes the judicial responses thereto. Disparities among circuit court rulings add to the confusion and unpredictability typical of Immigration Court decisions. Finally, the article discusses the difficulties raised by the divergent circuit court opinions and offers suggestions as to how we may resolve these difficulties in accordance with the Constitution's requirement of fair play.
Frames Of Injustice: The Bias We Overlook, Adam Benforado
Frames Of Injustice: The Bias We Overlook, Adam Benforado
Indiana Law Journal
The Cultural Cognition Project (CCP) at Yale Law School and the Project on Law and Mind Sciences (PLMS) at Harvard Law School draw on similar research and share a similar goal of uncovering the dynamics that shape risk perceptions, policy beliefs, and attributions underlying our laws and legal theories. Nonetheless, the projects have failed to engage one another in a substantial way. This Article attempts to bridge that gap by demonstrating how the approach taken by PLMS scholars can crucially enrich CCP scholarship. As a demonstration, this Article engages the case of Scott v. Harris, 550 US. 372 (2007), the …
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
Legislation and Policy Brief
This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …
A Populist Manifesto For Learning The Law, Eric E. Johnson
A Populist Manifesto For Learning The Law, Eric E. Johnson
Journal of Legal Education
No abstract provided.
The Dance Of Death Or (Almost) No One Here Gets Out Alive: The Fourth Circuit's Capital Punishment Jurisprudence, John H. Blume
The Dance Of Death Or (Almost) No One Here Gets Out Alive: The Fourth Circuit's Capital Punishment Jurisprudence, John H. Blume
South Carolina Law Review
No abstract provided.
A Survey Of The Fourth Circuit's Developing Government-Speech Jurisprudence, M. Todd Carroll, Kevin A. Hall
A Survey Of The Fourth Circuit's Developing Government-Speech Jurisprudence, M. Todd Carroll, Kevin A. Hall
South Carolina Law Review
No abstract provided.
The Wild West Of Supreme Court Employment Discrimination Jurisprudence, Henry L. Chambers Jr.
The Wild West Of Supreme Court Employment Discrimination Jurisprudence, Henry L. Chambers Jr.
South Carolina Law Review
No abstract provided.
Clarifying Causation In Tort, Erik S. Knutsen
Clarifying Causation In Tort, Erik S. Knutsen
Dalhousie Law Journal
This article argues that there is nothing overly confusing about the law ofcausation in negligence. It attempts to define the current state of causation in Canadian negligence law with a simple goal in mind: to have a clearer more productive conversation about the law with the fundamental concepts clearly on the table. The author argues that while the leading decisions on causation are often couched in broad-based, universal terminology to refrain from inhibiting conceptual portability,the cases can be read as a sustained continuum of conversations about causation. A cohesive framework for the law is offered by taking a longitudinal perspective …
The Death Penalty: Developments In Caribbean Jurisprudence, Anthony Gifford
The Death Penalty: Developments In Caribbean Jurisprudence, Anthony Gifford
International Journal of Legal Information
The presentation analyzes death penalty developments in the Caribbean jurisprudence. The discussion of a series of court decisions leads to the opinion that it is not right for the State to “end the life of a human being.” It questions death penalty as punishment for crime versus “the capacity of individuals for redemption and rehabilitation."
Thirteen Ways Of Looking At Buck V. Bell: Thoughts Occasioned By Paul Lombardo's Three Generations, No Imbeciles, Michelle Oberman
Thirteen Ways Of Looking At Buck V. Bell: Thoughts Occasioned By Paul Lombardo's Three Generations, No Imbeciles, Michelle Oberman
Journal of Legal Education
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.
Of State, Market And Justice: Latcritical Challenges To Theory, Praxis And Policy, Francisco Valdes
Of State, Market And Justice: Latcritical Challenges To Theory, Praxis And Policy, Francisco Valdes
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Legal Paradigms: How Jurisprudence Affects Insider/Outsider Status Quo, Outsider Jurisprudence, And Transformative Directions., Guadalupe T. Luna
Legal Paradigms: How Jurisprudence Affects Insider/Outsider Status Quo, Outsider Jurisprudence, And Transformative Directions., Guadalupe T. Luna
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Indiana Law Journal
This Article examines Justice Ginsburg's overlooked federalism jurisprudence and concludes that it almost perfectly complements President Bill Clinton's New Democratic centrism, especially his pro-state federalism agenda. The Article concludes that their nuanced, "centrist" approach to federalism has two characteristics. First,t hey value the states 'governing autonomy and show respect for the state agents that realize that autonomy. Second, they credit the states as intersubjective actors engaged in the pursuit of their interests, albeit in political processes usually carried out at the federal level.
Gilbert & Sullivan And Scalia: Philosophy, Proportionality, And The Eighth Amendment, Ian P. Farrell
Gilbert & Sullivan And Scalia: Philosophy, Proportionality, And The Eighth Amendment, Ian P. Farrell
Villanova Law Review
No abstract provided.
Through Papers To Persons, John T. Noonan Jr.
Through Papers To Persons, John T. Noonan Jr.
Villanova Law Review
No abstract provided.
The Law's Melody, Jack L. Sammons
Persons All The Way Up, Steven D. Smith
Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Villanova Law Review
No abstract provided.
The Person In Law, The Number In Math: Improved Analysis Of The Subject As Foundation For A Noveau Régime , Orlando I. Martínez-García
The Person In Law, The Number In Math: Improved Analysis Of The Subject As Foundation For A Noveau Régime , Orlando I. Martínez-García
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Global Law Of The Land, Amnon Lehavi
The Global Law Of The Land, Amnon Lehavi
University of Colorado Law Review
Are we witnessing the gradual universality of national land laws, which have traditionally been considered to be the paradigm of legal idiosyncrasy by virtue of their reflection of place-specific society, culture, and politics? This Article offers an innovative analysis of the conflicting forces at work in this legal field, based on a historical, comparative, and theoretical study of the structures and strictures of domestic land laws and current cross-border phenomena that dramatically affect national land systems. The central thesis of this Article is that, irrespective of our basic normative viewpoint regarding the opening up of domestic land laws to the …
Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins
Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins
Fordham Urban Law Journal
This article is an introduction the symposium, "The Future of the Exclusionary Rule and the Aftereffects of the Herring and Hudson Decisions," hosted by the Fordham Urban Law Journal. The symposium explored the effects of the Supreme Court’s decisions in Herring v. United States and Hudson v. Michigan—what the Supreme Court will do with the Rule in the future, as well as varying interpretations of what the Supreme Court should do. The federal exclusionary rule, which is approaching its 100th anniversary, was extended to the states almost fifty years ago by the Supreme Court in its landmark decision of Mapp …
The Exclusionary Rule Redux - Again, Lloyd L. Weinreb
The Exclusionary Rule Redux - Again, Lloyd L. Weinreb
Fordham Urban Law Journal
The exclusionary rule itself is not very complicated: if the police obtain evidence by means that violate a person’s rights under the Fourth Amendment, the evidence is not admissible against that person in a criminal trial. The basic provision, however, has been freighted with innumerable epicycles, and epicycles on epicycles ever since it was made part of Fourth Amendment jurisprudence. The exclusionary rule survives in a kind of doctrinal purgatory, neither accepted fully into the constitutional canon nor cast into the outer darkness. It survives, but its reach is uncertain, its rational questioned, and its value doubted. Hudson v. Michigan …
Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland
Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland
Villanova Law Review
No abstract provided.