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Articles 1 - 8 of 8

Full-Text Articles in Jurisprudence

Economic Development And The Problem With The Problem-Solving Approach, Justin Desautels-Stein Jan 2012

Economic Development And The Problem With The Problem-Solving Approach, Justin Desautels-Stein

Washington University Jurisprudence Review

Scholars and practitioners alike have recently pointed to the idea of a “new moment” in the field of law and economic development, as well as a hope for a fruitful rethinking of political economy. The idea is that we have passed out of the period of high “neoliberalism,” associated at one time with Reagan, Thatcher, and the so-called Washington Consensus and now eclipsed by the ascendance of the Obama Administration. The hope attending the new consensus is that, in the wake of neoliberal law and policy, the field of law and development might be on the verge of a new ...


Media Influence In The Ghailani Trial: Have We Seen This Before? The Ever-Growing Importance Of An Independent Judiciary, Michael Perich Jan 2012

Media Influence In The Ghailani Trial: Have We Seen This Before? The Ever-Growing Importance Of An Independent Judiciary, Michael Perich

Washington University Jurisprudence Review

This Note will demonstrate that the extensive media coverage in the Ghailaini trial affected the final decision reached in the case. Using the attitudinal model of judicial decision making as a lens, I will demonstrate that the judge‘s decision was ultimately influenced by a variety of external factors. Specifically, this is because the media, rather than the courts, seemed to decide the ultimate outcome. The possibility that outside factors swayed the decisions of Judge Kaplan calls into question the independence of the judiciary, which ultimately affects the sense of justice created by Ghailani‘s prosecution. To look at the ...


The Distinctiveness Of Appellate Adjudication, Heidi Li Feldman Jan 2012

The Distinctiveness Of Appellate Adjudication, Heidi Li Feldman

Washington University Jurisprudence Review

This Article concerns two topics that, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the working of entangled concepts in the law. This Article argues that courts engineer entangled legal concepts via appellate adjudication, and it is in this respect appellate adjudication is both crucial and unique, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation. They also facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation ...


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 ...


Jurisprudence Between Science And The Humanities, Dan Priel Jan 2012

Jurisprudence Between Science And The Humanities, Dan Priel

Washington University Jurisprudence Review

For a long time philosophy has been unique among the humanities for seeking closer alliance with the sciences. In this Article I examine the place of science in relation to legal positivism. I argue that, historically, legal positivism has been advanced by theorists who were also positivists in the sense the term is used in the philosophy of social science: they were committed to the idea that the explanation of social phenomena should be conducted using similar methods to those used in the natural sciences. I then argue that since around 1960 jurisprudence, and legal positivism in particular, has undergone ...


The Resurgence Of Secularism: Hostility Towards Religion In The United States And France, Sarah Nirenberg Jan 2012

The Resurgence Of Secularism: Hostility Towards Religion In The United States And France, Sarah Nirenberg

Washington University Jurisprudence Review

Secularism is a complex principle that in its most simple formulation calls for the separation of religion and government. In this Note, I examine the classical liberal approach to resolving the tension between religion and the state. I argue that the United States was founded, and the First Amendment of the Constitution was drafted, with John Locke’s proposal for toleration in mind. I then argue that the Supreme Court’s insertion of the concept of “separation of Church and State” into the Constitution in Everson v. Board of Education took Thomas Jefferson’s metaphor out of context, and in ...


A Realistic Critique Of Freedom Of Contract In Labor Law Negotiations: Creating More Optimal And Just Outcomes, John S. Brubaker Jan 2012

A Realistic Critique Of Freedom Of Contract In Labor Law Negotiations: Creating More Optimal And Just Outcomes, John S. Brubaker

Washington University Jurisprudence Review

This Note initially discusses fundamental problems created by the “freedom of contract” principle that arise in an era where the imbalance of both wealth and political power are at their highest rates seen in years. This Note also discusses the principles at work in current labor law: (1) how it is influenced by neoclassical economics and, (2) how, in the alternative, both the related legal doctrine and practice of collective bargaining can improve by incorporating behavioral economics, neuroeconomics, and game theory. Labor law practitioners and shapers should recognize neoclassical economics’ shortcomings and adopt a more efficient contractual process that leads ...