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Articles 1 - 30 of 59
Full-Text Articles in Judges
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler
Villanova Environmental Law Journal
No abstract provided.
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco
Villanova Environmental Law Journal
No abstract provided.
The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins
The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins
Villanova Law Review
No abstract provided.
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel
Villanova Law Review
No abstract provided.
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill
Villanova Law Review
No abstract provided.
Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton
Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton
Villanova Law Review
No abstract provided.
The Consensus Rule: Judges, Jurors, And Admissibility Hearings, Robert Evans
The Consensus Rule: Judges, Jurors, And Admissibility Hearings, Robert Evans
Villanova Law Review
No abstract provided.
The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner
The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner
Villanova Law Review
No abstract provided.
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman
Villanova Environmental Law Journal
No abstract provided.
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier
Villanova Environmental Law Journal
No abstract provided.
Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss
Villanova Environmental Law Journal
No abstract provided.
Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor
Villanova Environmental Law Journal
No abstract provided.
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Villanova Environmental Law Journal
No abstract provided.
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim
Villanova Environmental Law Journal
No abstract provided.
The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein
The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein
Villanova Environmental Law Journal
No abstract provided.
Strategies To Bring Down A Giant: Auer Deference Vulnerable After Reprieve In Kisor V.Wilkie, Shelby M. Krafka
Strategies To Bring Down A Giant: Auer Deference Vulnerable After Reprieve In Kisor V.Wilkie, Shelby M. Krafka
Villanova Law Review
No abstract provided.
Stop Bashing Breyer: How The Justice's Powerful Subtlety Out-Witted Scalia In Aereo Iii, Zachary Stirparo
Stop Bashing Breyer: How The Justice's Powerful Subtlety Out-Witted Scalia In Aereo Iii, Zachary Stirparo
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Two Cheers For The Constitution Of The United States: A Response To Professor Lee J. Strang, Patrick Mckinley Brennan
Two Cheers For The Constitution Of The United States: A Response To Professor Lee J. Strang, Patrick Mckinley Brennan
Working Paper Series
This article is an invited response to Professor Lee Strang’s article Originalism and the Aristotelian Tradition: Virtue’s Home in Originalism, 80 Fordham L. Rev. 1997 (2012). Strang defends original public meaning originalism from a virtue theoretic perspective that he traces to the “central Western tradition” and ultimately to Aristotle. I reply that those committed to that tradition do better (1) to reject original pubic meaning originalism, (2) to embrace some version of original intent originalism, and (3) to defend the original intent meaning of the U.S. Constitution only with important reservations and on certain conditions. The original sin of …
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan
Working Paper Series
This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.
“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether
“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether
Working Paper Series
This Article, a contribution to the Cardozo Law Review symposium in honor of Alain Badiou’s Being and Event, uses Badiou’s theorizing of the event and of the militant in Being and Event as a basis for an exploration of problems of judicial ontology and constitutional hermeneutics raised in recent decisions by common law courts dealing with the legislative and executive confinement of “Islamic” asylum seekers, “enemy combatants” and “terrorism suspects,” and certain classes of criminal offenders in spaces beyond the doctrines, paradigms and institutions of the criminal law. The Article proposes an ontology and a poetics of judging equal to …
Secrecy In The Courts: At The Tipping Point, Joseph F. Anderson Jr.
Secrecy In The Courts: At The Tipping Point, Joseph F. Anderson Jr.
Villanova Law Review
No abstract provided.
Judicial Transparency In An Age Of Prediction, Adam M. Samaha
Judicial Transparency In An Age Of Prediction, Adam M. Samaha
Villanova Law Review
No abstract provided.
Courts: In And Out Of Sight, Site, And Cite - The Norman Shachoy Lecture, Judith Resnik
Courts: In And Out Of Sight, Site, And Cite - The Norman Shachoy Lecture, Judith Resnik
Villanova Law Review
No abstract provided.
Online Access To Court Records - From Documents To Data, Particulars To Patterns, Peter W. Martin
Online Access To Court Records - From Documents To Data, Particulars To Patterns, Peter W. Martin
Villanova Law Review
No abstract provided.
Sealing, Judicial Transparency And Judicial Independence, T.S. Ellis Iii
Sealing, Judicial Transparency And Judicial Independence, T.S. Ellis Iii
Villanova Law Review
No abstract provided.
Reinstalling The Courthouse Windows: Using Statistical Data To Promote Judicial Transparency And Accountability In Federal And State Courts, Rebecca Love Kourlis, Pamela A. Gagel
Reinstalling The Courthouse Windows: Using Statistical Data To Promote Judicial Transparency And Accountability In Federal And State Courts, Rebecca Love Kourlis, Pamela A. Gagel
Villanova Law Review
No abstract provided.
Making The Law: Unpublication In The District Courts, Hillel Y. Levin
Making The Law: Unpublication In The District Courts, Hillel Y. Levin
Villanova Law Review
No abstract provided.
Classified Information In Federal Court, Robert Timothy Reagan
Classified Information In Federal Court, Robert Timothy Reagan
Villanova Law Review
No abstract provided.
Locating Authority In Law, And Avoiding The Authoritarianism Of 'Textualism', Patrick Mckinley Brennan
Locating Authority In Law, And Avoiding The Authoritarianism Of 'Textualism', Patrick Mckinley Brennan
Working Paper Series
Much modern jurisprudence attempts to move the locus of authority away from people with authority in order to locate it instead, for example, in rules or texts. This article argues that authority, wherever it exists, is a quality of the actions of persons. The article mounts this argument by showing how Justice Scalia's textualism is the legal analogue of a largely discredited form of "Christian positivism," one that leads to a form of authoritarianism. The article goes on to argue that authorianism can be avoided only by individuals' and their communities' becoming authoritative, including in the making and enforcement of …
The End Of Nonpartisan Judicial Elections And The Rise Of The Politiciary: The Eighth Circuit Strikes Down Judicial Campaign Regulations In Republican Party Of Minnesota V. White, Ross G. Currie
Villanova Law Review
No abstract provided.