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Articles 1 - 11 of 11
Full-Text Articles in Judges
“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 …
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 …
What Is The Role Of The Judge In Our Litigious Society, Marjorie O. Rendell
What Is The Role Of The Judge In Our Litigious Society, Marjorie O. Rendell
Villanova Law Review
No abstract provided.
The Hazards Of Proposals To Limit The Tenure Of Federal Judges And To Permit Judicial Removal Without Impeachment, William G. Ross
The Hazards Of Proposals To Limit The Tenure Of Federal Judges And To Permit Judicial Removal Without Impeachment, William G. Ross
Villanova Law Review
No abstract provided.
Judicial Selection In Pennsylvania: A Proposal, Bruce W. Kauffman
Judicial Selection In Pennsylvania: A Proposal, Bruce W. Kauffman
Villanova Law Review
No abstract provided.
The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner
The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner
Villanova Law Review
No abstract provided.
The Black Philadelphia Lawyer, Charles L. Mitchell
The Black Philadelphia Lawyer, Charles L. Mitchell
Villanova Law Review
No abstract provided.
Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon
Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon
Villanova Law Review
No abstract provided.
Mr. Justice Cardozo And The New Deal: An Appraisal, David N. Atkinson
Mr. Justice Cardozo And The New Deal: An Appraisal, David N. Atkinson
Villanova Law Review
No abstract provided.
Judicial Reform In Pennsylvania, Mercer D. Tate
Judicial Reform In Pennsylvania, Mercer D. Tate
Villanova Law Review
No abstract provided.
Power To Comment On The Issue Of Guilt: Trial By Jury Or Trial By Judge, Thomas F. Schilpp
Power To Comment On The Issue Of Guilt: Trial By Jury Or Trial By Judge, Thomas F. Schilpp
Villanova Law Review
No abstract provided.