Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (9)
- SelectedWorks (6)
- New York Law School (3)
- UIC School of Law (2)
- University of Pennsylvania Carey Law School (2)
-
- University of Richmond (2)
- Cornell University Law School (1)
- Georgetown University Law Center (1)
- Golden Gate University School of Law (1)
- Northwestern Pritzker School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- University of Louisville (1)
- University of Montana (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Courts (4)
- Citation of Law (3)
- Filosofia do Direito (3)
- Jurisprudence (3)
- República (3)
-
- Chinese Political and Judicial System (2)
- Constitution (2)
- Judges (2)
- Judicial (2)
- Political Philosophy / Political Science (2)
- Valores Constitucionais (2)
- Ética (1)
- Ética Republicana (1)
- Abortion (1)
- Administrative (1)
- Amendment (1)
- Arbitration (1)
- Ashcroft (1)
- Attorney (1)
- Axiologia (1)
- Behavior/intent (1)
- Canada (1)
- Charter (1)
- Charter of Rights and Freedoms (1)
- Checking (1)
- Choice (1)
- Clean Water Act (1)
- Clerkship (1)
- Climate change (1)
- Commission (1)
- Publication
-
- Hou Meng (6)
- Paulo Ferreira da Cunha (6)
- NYLS Law Review (3)
- All Faculty Scholarship (2)
- UIC Law Review (2)
-
- University of Richmond Law Review (2)
- Articles, Book Chapters, & Popular Press (1)
- Cornell Law Faculty Publications (1)
- Daniel H. Erskine (1)
- Donald J. Kochan (1)
- Faculty Scholarship (1)
- Faculty Working Papers (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Montana Law Review (1)
- Publications (1)
- Scholarly Articles (1)
- Todd E. Pettys (1)
- Vanderbilt Law School Faculty Publications (1)
- Publication Type
Articles 1 - 30 of 33
Full-Text Articles in Jurisprudence
Comparative Advantages Of The Supreme People’S Court Judgement(最高人民法院判决的比较优势), Meng Hou
Comparative Advantages Of The Supreme People’S Court Judgement(最高人民法院判决的比较优势), Meng Hou
Hou Meng
No abstract provided.
Liberdade, Ética E Direito, Paulo Ferreira Da Cunha
Liberdade, Ética E Direito, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
University of Richmond Law Review
No abstract provided.
Legal And Anthropological Research: 30 Years Of Experience In China（法律和人类学研究：中国经验30年）, Meng Hou
Legal And Anthropological Research: 30 Years Of Experience In China（法律和人类学研究：中国经验30年）, Meng Hou
Hou Meng
No abstract provided.
The Citation Of Civil Judicial Interpretations By The Verdicts(判决书对民事司法解释的引证), Meng Hou
The Citation Of Civil Judicial Interpretations By The Verdicts(判决书对民事司法解释的引证), Meng Hou
Hou Meng
No abstract provided.
Annual Analysis Report Of Supreme People’S Court (2007)【最高人民法院年度分析报告（2007）】, Meng Hou
Annual Analysis Report Of Supreme People’S Court (2007)【最高人民法院年度分析报告（2007）】, Meng Hou
Hou Meng
No abstract provided.
Advocacy Through Briefs In The U.S. Court Of Appeals., Susan B. Haire, Laura P. Moyer
Advocacy Through Briefs In The U.S. Court Of Appeals., Susan B. Haire, Laura P. Moyer
Faculty Scholarship
The focus of this paper is to evaluate the role of advocates in the U.S. Court of Appeals for the Seventh Circuit by examining the characterization of issues offered in appellate briefs against the issues addressed in the court's decisions. Specifically, in an environment in which attorneys are expected to frame the issues on appeal and judges are expected to respond to those issues, what accounts for judges addressing some issues while suppressing others? By explicitly focusing on how the substantive content of an opinion is shaped, we depart from other, earlier scholarship on the advantages of "repeat player" litigants …
Could Such A Classification Of Data Really Reflect The Status Quo Of Chinese Humanities And Social Sciences?（数据如此分组能否真实反映法学现状──评《中国人文社会科学学术影响力报告》“法学部分”）, Meng Hou
Hou Meng
No abstract provided.
Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine
Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine
Daniel H. Erskine
This article describes the methods utilized by the United States Supreme Court to resolve specific cases involving conflicts between federal constitutional rights, a federal constitutional right and a state constitutional or statutory right, and an international treaty right and a federal constitutional right. Consideration of particular decisions representative of the manner the Court resolves conflicts between rights in the three typologies described above, illustrates how the Court views such conflicts and the rationales employed to resolve apparent conflicting rights. The rationales used by the United States Supreme Court are compared to the South African Constitutional Court’s decisions in the Soobramoney, …
System Significance Of Law Citation（法律引证的制度意义）, Meng Hou
System Significance Of Law Citation（法律引证的制度意义）, Meng Hou
Hou Meng
No abstract provided.
Judicial Supremacy, Judicial Activism: Cooper V. Aaron And Parents Involved, Kermit Roosevelt Iii
Judicial Supremacy, Judicial Activism: Cooper V. Aaron And Parents Involved, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Impartiality In Judicial Ethics: A Jurisprudential Analysis, W. Bradley Wendel
Impartiality In Judicial Ethics: A Jurisprudential Analysis, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto Neitz
Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto Neitz
Publications
The purpose of this article is to suggest a new lens through which to examine the crisis in immigration courts: judicial ethics. Ethical considerations frequently play a decisive role in the resolution of immigration cases, in part because the outcomes for litigants in immigration courts can depend almost entirely on the attitude of the judge. Accordingly, the acknowledged crisis in immigration courts has severe implications for judicial ethics. Because the term "judicial ethics" encompasses a broad array of principles, this article will narrow its focus to bias and incompetence on the part of immigration judges in the courtroom. Part II …
Popular Constitutionalism And Relaxing The Dead Hand: Can The People Be Trusted?, Todd E. Pettys
Popular Constitutionalism And Relaxing The Dead Hand: Can The People Be Trusted?, Todd E. Pettys
Todd E. Pettys
A growing number of constitutional scholars are urging the nation to rethink its commitment to judicial supremacy. Popular constitutionalists argue that the American people, not the courts, hold the ultimate authority to interpret the Constitution’s many open-ended provisions whose meanings are reasonably contestable. This Article defends popular constitutionalism on two important fronts. First, using originalism as a paradigmatic example of the ways in which courts frequently draw constitutional meaning from sources rooted deep in the past, the Article contends that defenders of judicial supremacy still have not persuasively responded to the familiar dead-hand query: Why should constitutional meanings that prevailed …
Law Clerk Influence On Supreme Court Decision Making: An Empirical Assessment, Todd C. Peppers, Christopher Zorn
Law Clerk Influence On Supreme Court Decision Making: An Empirical Assessment, Todd C. Peppers, Christopher Zorn
Scholarly Articles
Here, we undertake the first effort at assessing the existence and extent of law clerk influence in the U.S. Supreme Court. Drawing upon original survey data on the political ideology of 532 former law clerks, we evaluate the extent to which both the Justice's personal policy preferences and those of his or her law clerks exert an independent influence on the Justice's votes. While our results are preliminary, they nonetheless support the contention that--over and above "selection effects" due to Justices choosing like-minded clerks--clerks' ideological predilections exert an additional, and not insubstantial, influence on the Justices' decisions on the merits. …
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
NYLS Law Review
No abstract provided.
A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato
A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato
Faculty Working Papers
Holmes's famous 1897 theory that law is a prediction of what courts will do in fact slowly changed the way law schools taught law until, by the mid-1920s legal realism took over the curriculum. The legal realists argued that judges decide cases on all kinds of objective and subjective reasons including precedents. If law schools wanted to train future lawyers to be effective, they should be exposed to collateral subjects that might influence judges: law and society, law and literature, and so forth. But the standard interpretation has been a huge mistake. It treats law as analogous to weather forecasting: …
Jung V. Skadden, Arps, Slate, Meagher & Flom, Zachary Kerner
Jung V. Skadden, Arps, Slate, Meagher & Flom, Zachary Kerner
NYLS Law Review
No abstract provided.
United States V. Grier, Lyndsay V. Ruotolo
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
University of Richmond Law Review
No abstract provided.
Chief Judges: The Limits Of Attitudinal Theory And Possible Paradox Of Managerial Judging, Tracey E. George, Albert H. Yoon
Chief Judges: The Limits Of Attitudinal Theory And Possible Paradox Of Managerial Judging, Tracey E. George, Albert H. Yoon
Vanderbilt Law School Faculty Publications
Chief judges wield power. Among other things, they control judicial assignments, circulate petitions to their colleagues, and manage internal requests and disputes. When exercising this power, do chiefs seek to serve as impartial court administrators or do they attempt to manufacture case outcomes that reflect their political beliefs? Because chiefs exercise their power almost entirely outside public view, no one knows. No one sees the chief judge change the composition of a panel before it is announced or delay consideration of a petition for en banc review or favor the requests of some colleagues while ignoring those of others. Chiefs …
Judicial Reasoning About Pregnancy And Choice, Jocelyn Downie, Chris Kaposy
Judicial Reasoning About Pregnancy And Choice, Jocelyn Downie, Chris Kaposy
Articles, Book Chapters, & Popular Press
Women in Canada are at risk of abortion becoming increasingly difficult to access. In its landmark 1988 ruling, R. v. Morgentaler, the Supreme Court of Canada struck down the prohibition of abortion in section 251 of the Criminal Code on the grounds that it violated a section of the Charter of Rights and Freedoms which guarantees, among other things, "security of the person". However, all of the justices who ruled that section 25 unconstitutional nonetheless claimed that protecting the fetus is a valid objective of federal legislation, leaving open the possibility that a different and carefully crafted law against abortion …
"Purely The Creature Of The Inventive Genius Of The Court": State Ex Rel. Whiteside And The Creation And Evolution Of The Montana Supreme Court's Unique And Controversial Writ Of Supervisory Control, Larry Howell
Montana Law Review
Montana's Writ of Supervisory Control
Nontestimonial Declarations Against Penal Interest: Eschewing The Corroboration Requirement For Inculpatory Statements, 41 J. Marshall L. Rev. 969 (2008), Michael Duffy
UIC Law Review
No abstract provided.
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
UIC Law Review
No abstract provided.
Detention And Interrogation In The Post-9/11 World, Kermit Roosevelt Iii
Detention And Interrogation In The Post-9/11 World, Kermit Roosevelt Iii
All Faculty Scholarship
Our detention and interrogation policies in the wake of the terrorist attacks of 9/11 have been a disaster. This paper, delivered as a Donahue Lecture at Suffolk University Law School in February 2008, explores the dimensions and source of that disaster. It first offers a clear and intelligible narrative of the construction and implementation of executive detention and interrogation policy and then analyzes the roles played by the different branches of government and the American people in order to understand how we have ended up in our current situation.
Climate Change In The Supreme Court, Lisa Heinzerling
Climate Change In The Supreme Court, Lisa Heinzerling
Georgetown Law Faculty Publications and Other Works
In Massachusetts v. Environmental Protection Agency, the Supreme Court confronted the issue of climate change for the first time. The Court held that the Clean Air Act gives the Environmental Protection Agency the authority to regulate greenhouse gases and that the agency may not decline to exercise this authority based either on factors not present in the statute or inconclusive gestures toward uncertainty in the science of climate change. I had the privilege of serving as the lead author of the winning briefs in this case. This Article provides an insider's perspective on the choices that went into bringing and …
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...
El Derecho Natural, Historia E Ideologia, Paulo Ferreira Da Cunha
El Derecho Natural, Historia E Ideologia, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Intentemos retomar algunos hilos sueltos de discursos dispersos y con una nueva mirada analítica, procuremos ver una realidad sutil y huidiza: ese derecho natural que parece silencioso en nuestros días, y más silencioso aún en los discursos psitacistas: tanto en los pomposos como en los pseudo-rigurosos.
Princípio Republicano E Virtudes Republicanas, Paulo Ferreira Da Cunha
Princípio Republicano E Virtudes Republicanas, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
O presente artigo procura unir traços de aparente heterodoxia, recuperando, porém, paradigmas e tópicos que não são novos. Com efeito, nem as virtudes, nem a república, nem sequer a felicidade são novidades. O que talvez seja novo (new again) é o espírito de buscar outra vez as raízes, as fontes, para um intento de renovação do ambiente juspolítico. Somos naturalmente favorável a uma Constituição principial e valorativa, como a nossa. Mas parece-nos que há nela lugar a Virtudes (que já existem nela), e que a descoberta das Virtudes nas Constituições, e, logo, no Direito, é, afinal, um ovo de Colombo. …