Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (1517)
- Constitutional Law (491)
- Legal History (328)
- Law and Society (314)
- Judges (219)
-
- Social and Behavioral Sciences (213)
- Courts (212)
- Public Law and Legal Theory (200)
- Criminal Law (181)
- Law and Politics (153)
- Civil Rights and Discrimination (152)
- International Law (151)
- Arts and Humanities (148)
- Criminal Procedure (141)
- Law and Philosophy (115)
- Legislation (112)
- Comparative and Foreign Law (109)
- Human Rights Law (107)
- Law and Economics (107)
- Supreme Court of the United States (101)
- Philosophy (97)
- Legal Profession (96)
- Legal Education (95)
- Legal Studies (89)
- Religion Law (84)
- Law and Gender (83)
- Legal Ethics and Professional Responsibility (78)
- Litigation (77)
- Economics (70)
- Institution
-
- SelectedWorks (819)
- Selected Works (486)
- BLR (177)
- Maurer School of Law: Indiana University (89)
- University of Colorado Law School (69)
-
- Vanderbilt University Law School (68)
- Notre Dame Law School (65)
- American University Washington College of Law (61)
- Villanova University Charles Widger School of Law (60)
- University of Pennsylvania Carey Law School (59)
- Schulich School of Law, Dalhousie University (57)
- William & Mary Law School (56)
- Fordham Law School (55)
- Yeshiva University, Cardozo School of Law (53)
- Touro University Jacob D. Fuchsberg Law Center (42)
- University of Miami Law School (42)
- Northwestern Pritzker School of Law (38)
- University of South Carolina (38)
- Cornell University Law School (37)
- Georgetown University Law Center (33)
- West Virginia University (32)
- Louisiana State University Law Center (30)
- Duke Law (28)
- Columbia Law School (25)
- University of San Diego (25)
- Boston University School of Law (24)
- Association of American Law Schools (23)
- Maurice A. Deane School of Law at Hofstra University (23)
- The University of Akron (23)
- University of Georgia School of Law (23)
- Publication
-
- ExpressO (172)
- Faculty Scholarship (114)
- All Faculty Scholarship (84)
- Articles (84)
- Publications (65)
-
- Dalhousie Law Journal (52)
- Indiana Law Journal (51)
- Articles in Law Reviews & Other Academic Journals (48)
- Journal Articles (48)
- Faculty Publications (46)
- Fordham Law Review (46)
- Scholarly Works (44)
- Vanderbilt Law Review (43)
- South Carolina Law Review (38)
- Articles by Maurer Faculty (35)
- Georgetown Law Faculty Publications and Other Works (33)
- Faculty Working Papers (31)
- University of Miami Law Review (31)
- West Virginia Law Review (31)
- Villanova Law Review (30)
- Louisiana Law Review (27)
- Working Paper Series (27)
- Touro Law Review (26)
- William & Mary Law Review (25)
- David S Caudill (24)
- Journal of Legal Education (23)
- Hofstra Law Review (22)
- Carrie Leonetti (19)
- Eric H Schepard (19)
- Law Faculty Publications (18)
- Publication Type
Articles 2821 - 2850 of 3245
Full-Text Articles in Law
Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon
Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon
Articles
No abstract provided.
The Idolatry Of Rules: Writing Law According To Moses, With Reference To Other Jurisprudences, Arthur J. Jacobson
The Idolatry Of Rules: Writing Law According To Moses, With Reference To Other Jurisprudences, Arthur J. Jacobson
Articles
No abstract provided.
Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld
Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld
Articles
No abstract provided.
Not Beyond Justice: A Reply To Heller And Eisele, Arthur J. Jacobson
Not Beyond Justice: A Reply To Heller And Eisele, Arthur J. Jacobson
Articles
No abstract provided.
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Touro Law Review
No abstract provided.
Mandates, Legal Foundations, Powers And Conduct Ofcommissions Of Inquiry, A. Wayne Mackay
Mandates, Legal Foundations, Powers And Conduct Ofcommissions Of Inquiry, A. Wayne Mackay
Dalhousie Law Journal
Indeed, it may be just as difficult to disentangle law and politics as it is to separate religious and sexual passions. While law has traditionally been presented as more value-neutral than politics, in either its academic or applied form, the inaccuracy of this view of law is becoming widely recognized. Value choices have always been a vital aspect of legal adjudication and the arrival of the Canadian Charter of Rights and Freedoms in 1982 has forced judges to be more overt about this aspect of their job.' The separation of law and politics is more a matter of mythology than …
Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson
Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan
Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan
Dalhousie Law Journal
In this century mainstream legal scholarship in the United States has been subjected to various "crises of confidence" over the nature of the adjudication process. One of the key features of more traditional legal scholarship has been a belief in legal texts such as the constitution, statutes and precedents which are said to possess discrete and objective meaning capable of being discovered by objective detached observers. This belief in the authority of the text has been most clearly expressed in American constitutional law scholarship which has been dominated until recently by the quest to reveal the public moral values that …
Western In The 1980'S, W B. Rayner
Western In The 1980'S, W B. Rayner
Dalhousie Law Journal
When one is asked to write on the development of one's faculty over a decade, the most difficult part of the task is simply to determine where to begin. After some thought, I came to the conclusion that the most appropriate starting point is the statement of the objective that appears in the "Dean's Message" contained in our Calendar. We state that our objective is "to offer students a liberal education through the critical study of legal and related materials in preparation for the private practice of law, for government service and for kindred vocations." In short, we wish to …
Nomos And Thanatos (Part A). The Killing Fields: Modern Law And Legal Theory, Richard F. Devlin
Nomos And Thanatos (Part A). The Killing Fields: Modern Law And Legal Theory, Richard F. Devlin
Dalhousie Law Journal
Law, is so far as it sanctions the coercive power of the state, enables people to do frightening - even deadly - things to each other. Contemporary jurisprudence, the explanatory and justificatory voice of legal practice, fails to interrogate law's interconnection with violence and death and therefore, by a sin of omission, legitimizes humankind's mutual inhumanity. The end result is jurisprudential tolerance of, and acquiescence in, societies underpinned by violence. By identifying the nexus between community (nomos) and death (thanatos), this, admittedly speculative, essay attempts to raise the possibility of a discourse, practice and society that can encourage, reflect and …
Disclosing Tilt: Law, Belief And Criticism, David Caudill
Disclosing Tilt: Law, Belief And Criticism, David Caudill
David S Caudill
No abstract provided.
Sources Of Judicial Distrust Of Social Science Evidence: A Comparison Of Social Science And Jurisprudence, Constance R. Lindman
Sources Of Judicial Distrust Of Social Science Evidence: A Comparison Of Social Science And Jurisprudence, Constance R. Lindman
Indiana Law Journal
No abstract provided.
Equal Protection In Enforcement Towards More Structured Discretion, Peter Finkle, Duncan Cameron
Equal Protection In Enforcement Towards More Structured Discretion, Peter Finkle, Duncan Cameron
Dalhousie Law Journal
How often has it been said by administrators, politicians and members of the general public that a certain law is good, the problem is that it is not enforced?1 The very form of the question expresses the fact that for the general public and politicians alike, not to mention the legal profession, the law is usually thought of as that which is written in the books. In reality, however, that written law is only part of a much broader legal process which includes the decisions of those charged with the responsibility of enforcement and, indeed, the activities of judges and …
Mastery, Slavery, And Emancipation, Guyora Binder
Mastery, Slavery, And Emancipation, Guyora Binder
Journal Articles
Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …
The Case Against The Constitutionally Compelled Free Exercise Exemption, William P. Marshall
The Case Against The Constitutionally Compelled Free Exercise Exemption, William P. Marshall
Faculty Publications
No abstract provided.
Individual Worth, Alan B. Handler
Realism And Its Consequences, John Brigham, Christine B. Harrington
Realism And Its Consequences, John Brigham, Christine B. Harrington
John Brigham
Realism, offered as a critique, has become the dominant paradigm for law.
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Publications
No abstract provided.
Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato
Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato
University of Miami Law Review
No abstract provided.
Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer
Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit
Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit
Fordham Law Review
No abstract provided.
Contradiction And Denial, Pierre Schlag
Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice
Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice
Journal Articles
The growing influence of utilitarianism and legal positivism in American jurisprudence today and the decline of natural law have produced an ominous shift in the foundation of our legal system. This shift is illustrated by various courts' approaches to momentous legal issues of the Twentieth Century such as abortion and euthanasia. Ultimately, legal positivism is unacceptable as a jurisprudential framework because it provides no inherent limits on the power of the state and no basis for determining what is just. In contrast, the natural law provides a jurisprudential framework that both guides and limits the civil law. It therefore is …
Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit
Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit
Faculty Works
Much of jurisprudence is storytelling, recounting tales of what has gone before; improvising and crafting new stories of legal theory from old ones. Useful kernels are passed from one generation of legal thinkers to the next. Like tribal legends, the messages in many stories of jurisprudence can be understood only by a select audience. Legends often come with morals; theories of jurisprudence often impart prescription for living within the law. Jurisprudence, like legends, concerns fundamental issues, confronts cosmic questions and weaves in magic. Sometimes both possess humor as well.
Unfortunately, some modern versions of jurisprudential theories have become anecdotal. The …
The Constitution Is Not ‘Hard Law’: The Bork Rejection And The Future Of Constitutional Jurisprudence, Erwin Chemerinsky
The Constitution Is Not ‘Hard Law’: The Bork Rejection And The Future Of Constitutional Jurisprudence, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Where Guesses Come From: Evolutionary Epistemology And The Anomaly Of Guided Variation, Edward Stein
Where Guesses Come From: Evolutionary Epistemology And The Anomaly Of Guided Variation, Edward Stein
Articles
No abstract provided.
Hegel's Legal Plenum, Arthur J. Jacobson
Hegel And The Dialectics Of Contract, Michel Rosenfeld