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Articles 1 - 18 of 18

Full-Text Articles in Jurisprudence

Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee Jan 2017

Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee

Washington University Jurisprudence Review

Criminal background checks in the hiring process make it more difficult for former offenders to obtain employment at their market skill level. As a result, many former offenders end up underemployed or unemployed altogether. This obstacle to finding gainful employment is a harm, and this harm directly follows from a former offender’s criminal conviction. The harm can therefore be thought of as part of the punishment imposed on criminal offenders. However, unlike the formal punishment that a criminal offender receives through his sentence, the harm that follows the offender as he seeks employment after he has completed his formal ...


Wittgenstein’S Poker: Contested Constitutionalism And The Limits Of Public Meaning Originalism, Ian C. Bartrum Jan 2017

Wittgenstein’S Poker: Contested Constitutionalism And The Limits Of Public Meaning Originalism, Ian C. Bartrum

Washington University Jurisprudence Review

Constitutional originalism is much in the news as our new President fills the Supreme Court vacancy Antonin Scalia’s death has created. “Public meaning” originalism is probably the most influential version of originalism in current theoretical circles. This essay argues that, while these “New Originalists” have thoughtfully escaped some of the debilitating criticisms leveled against their predecessors, the result is a profoundly impoverished interpretive methodology that has little to offer most modern constitutional controversies. In particular, the fact that our constitutional practices are contested—that is, we often do not seek semantic or legal agreement—makes particular linguistic indeterminacies highly ...


Alleviating Own-Race Bias In Cross-Racial Identifications, Bryan S. Ryan Jan 2015

Alleviating Own-Race Bias In Cross-Racial Identifications, Bryan S. Ryan

Washington University Jurisprudence Review

Over the past 80 years, courts, social scientists, and legal scholars have come to agree that eyewitness testimony is largely unreliable due to a variety of confounding factors. One prominent factor that makes eyewitness testimony faulty is own-race bias; individuals are generally better at recognizing members of their own race and tend to be highly inaccurate in identifying persons of other races. This instance, where a witness of one race attempts to identify a member of another race, is referred to as a cross-racial identification. Own-race bias in cross-racial identifications creates racial discrimination in the American judicial system, where a ...


The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh Jan 2015

The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh

Washington University Global Studies Law Review

This Article examines the evolution of international law as a professional and intellectual discipline in the Republic of China (ROC), which has governed Mainland China (1912–1949) and post-1949 Taiwan. The ROC’s centennial development fundamentally shaped modern China’s course of foreign relations and postwar global governance. The Article argues that statism, pragmatism, and idealism define the major features of the ROC’s approach to international law. These characteristics transformed the law of nations into universally valid normative claims and prompted modern China’s intellectual focus on the civilized nation concept. First, the Article analyzes the professionalization of the ...


On The Conceptual Confusions Of Jurisprudence, Aaron J. Rappaport Nov 2014

On The Conceptual Confusions Of Jurisprudence, Aaron J. Rappaport

Washington University Jurisprudence Review

No abstract provided.


Bringing Guns To A Gun Fight: Why The Adversarial System Is Best Served By A Policy Compelling Attorneys To Ethically Mine For Metadata, Justin Fong Nov 2014

Bringing Guns To A Gun Fight: Why The Adversarial System Is Best Served By A Policy Compelling Attorneys To Ethically Mine For Metadata, Justin Fong

Washington University Jurisprudence Review

No abstract provided.


Ethos, Pathos, And Logos: The Benefits Of Aristotelian Rhetoric In The Courtroom, Krista C. Mccormack Nov 2014

Ethos, Pathos, And Logos: The Benefits Of Aristotelian Rhetoric In The Courtroom, Krista C. Mccormack

Washington University Jurisprudence Review

No abstract provided.


The Constitution According To Justices Scalia And Thomas: Alive And Kickin', Eric J. Segall Jan 2014

The Constitution According To Justices Scalia And Thomas: Alive And Kickin', Eric J. Segall

Washington University Law Review

No abstract provided.


Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser Jan 2014

Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser

Washington University Jurisprudence Review

No abstract provided.


Holding The Bench Accountable: Judges Qua Representatives, John L. Warren Iii Jan 2014

Holding The Bench Accountable: Judges Qua Representatives, John L. Warren Iii

Washington University Jurisprudence Review

No abstract provided.


The Icc Kenya Case: Implications And Impact For Propio Motu And Complementarity, Christopher Totten, Hina Asghar, Ayomipo Ojutalayo Jan 2014

The Icc Kenya Case: Implications And Impact For Propio Motu And Complementarity, Christopher Totten, Hina Asghar, Ayomipo Ojutalayo

Washington University Global Studies Law Review

The situation in Kenya culminating in the confirmation of charges against four individuals for crimes against humanity in the International Criminal Court (ICC) has significantly enhanced understanding of fundamental concepts contained within the Rome Statute, the Court’s controlling statute. For example, the jurisprudence in this case has further elucidated the principle of proprio motu as set forth in the Rome Statute as well as the particular contexts in which it may be appropriate for theProsecutor to exercise her authority to investigate a case under this principle. The situation in Kenya also sheds further light on the fundamental concept of ...


Ten Years Of Trial Proceedings At The International Criminal Court, Joyce Aluoch Jan 2013

Ten Years Of Trial Proceedings At The International Criminal Court, Joyce Aluoch

Washington University Global Studies Law Review

My remarks will address trial proceedings before the International Criminal Court (“ICC”) and the early jurisprudence of the ICC’s Trial Chambers. As an introduction, this part will outline the steps involved in preparing and conducting a trial at the ICC and describe some of the more notable procedural developments in the Institution’s first trials. The article will then discuss some of the biggest achievements and challenges in the ICC’s first ten years of existence, giving particular attention to issues related to the fairness and expeditiousness of the proceedings and the recently completed case of The Prosecutor v ...


Theorizing Mental Health Courts, E. Lea Johnston Jan 2012

Theorizing Mental Health Courts, E. Lea Johnston

Washington University Law Review

To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in forty-three states. This Article examines the two utilitarian justifications proposed by mental health court advocates—therapeutic jurisprudence and therapeutic rehabilitation—and finds both insufficient. Therapeutic jurisprudence is inadequate to justify mental health courts because of its inability, by definition, to resolve significant normative conflict. In essence, mental health courts express values fundamentally at odds with those underlying the traditional criminal justice system. Furthermore, the sufficiency of rehabilitation, as this concept appears to be defined by mental health court advocates, depends on the ...


The Mismeasurement Of Legal Pragmatism, Douglas Lind Jan 2012

The Mismeasurement Of Legal Pragmatism, Douglas Lind

Washington University Jurisprudence Review

No abstract provided.


Legislative Supremacy, Kenneth Ward Jan 2012

Legislative Supremacy, Kenneth Ward

Washington University Jurisprudence Review

This essay develops an institutional perspective to consider limitations on judicial authority. Rather than assume that judicial decisions put an end to disagreements about what the Constitution means, this perspective focuses on the political contests that occur after judges make disputed interpretations of constitutional law. This perspective shows that scholars both exaggerate the role of judicial review in enforcing constitutional limits and underestimate the political instability that follows from difficulty in challenging controversial judicial holdings. Together, these claims are the beginning of an argument defending a form of legislative supremacy that would allow Congress and the President to override judicial ...


The Japanese Constitution As Law And The Legitimacy Of The Supreme Court's Constitutional Decisions: A Response To Matsui, Craig Martin Jan 2011

The Japanese Constitution As Law And The Legitimacy Of The Supreme Court's Constitutional Decisions: A Response To Matsui, Craig Martin

Washington University Law Review

The Article focuses on the author's comments to the article of Professor Shigenori Matsui about the conservative jurisprudence of the Japanese Supreme Court. It outlines the conduct of the Japanese Supreme Court as well as the legitimacy of its constitutional decisions. It describes an approach in the application of proportionality principle in the judicial review of fundamental constitutional rights.


Judicialization Of Politics And The Japanese Supreme Court, Tokujin Matsudaira Jan 2011

Judicialization Of Politics And The Japanese Supreme Court, Tokujin Matsudaira

Washington University Law Review

The Article focuses on the author's comments to the article of Professor Shigenori Matsui which stresses the conservatism of the Japanese Supreme Court. It outlines the reluctance of the Japanese Supreme Court to judicialize politics through constitutional adjudication. It highlights the standards of judicial review which have been adopted from the German conceptual jurisprudence.


Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker Jan 2007

Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker

Washington University Law Review

Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. To test such views, we collected data from a thousand cases in four different jurisdictions. We recorded information about every judicial action over each case’s life, ranging from the demographic characteristics, workload, and experience of the writing judge; to information about the case, including its jurisdictional basis, complexity, attorney characteristics, and motivating legal theory; to information about the individual orders themselves, including the relevant procedural posture and the winning party ...