Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Jurisprudence (2)
- ART (1)
- Abortion (1)
- Abortion Jurisprudence (1)
- Administrative State (1)
-
- Adoption (1)
- Arizona (1)
- Arizona Supreme Court (1)
- Assisted Reproductive Technology (1)
- Babies (1)
- Birth Standard (1)
- Brett Kavanaugh (1)
- Chevron (1)
- Cryopreservation (1)
- Deference (1)
- Delegation (1)
- Democratic Accountability (1)
- Descriptive Claims (1)
- Divorce (1)
- Embryonic Personhood (1)
- Fertility (1)
- IVF (1)
- In Vitro Fertilization (1)
- Independence (1)
- Kavanaugh Court (1)
- Law and Justice (1)
- Legal Authority (1)
- Legal Practice (1)
- Moral Authority (1)
- New Deal (1)
Articles 1 - 4 of 4
Full-Text Articles in Jurisprudence
How To Fix Legal Scholarmush, Adam Kolber
How To Fix Legal Scholarmush, Adam Kolber
Indiana Law Journal
Legal scholars often fail to distinguish descriptive claims about what the law is from normative claims about what it ought to be. The distinction couldn’t be more important, yet scholars frequently mix it up, leading them to mistake legal authority for moral authority, treat current law as a justification for itself, and generally use rhetorical strategies more appropriate for legal practice than scholarship. As a result, scholars sometimes talk past each other, generating not scholarship but “scholarmush.”
In recent years, legal scholarship has been criticized as too theoretical. When it comes to normative scholarship, however, the criticism is off the …
The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker
Indiana Law Journal
In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch
stack of paper. But in the same year, federal administrative agencies promulgate
80,000 pages of regulations—which makes an eleven-foot paper pillar. This move
toward electorally unaccountable administrators deciding federal policy began in
1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than
elected representatives, unelected bureaucrats increasingly make the vast majority
of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three
areas: delegation, deference, and independence.
This trend is about to be reversed. In the coming years, Congress will …
Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition, Catherine Wheatley
Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition, Catherine Wheatley
Indiana Law Journal
In this Note, Part I examines the three main approaches used in other state supreme court decisions to decide pre-embryo disposition disputes, as well as three perspectives on the legal status of the pre-embryo, and compares them with Arizona’s emerging law. Part II summarizes Arizona’s Torres trial court order and opinion and section 318.03. Part III then analyzes whether the Torres orders and Arizona’s new statutory “most likely to lead to birth standard”12 present constitutional issues and concludes that the trial court’s order, if reinstated by the Arizona Supreme Court, and section 318.03 can be challenged on substantive due process …
Social Dimensions Of Law And Justice By Julius Stone, Gary S. Goodpaster
Social Dimensions Of Law And Justice By Julius Stone, Gary S. Goodpaster
Indiana Law Journal
No abstract provided.