Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (122)
- Seattle University School of Law (98)
- Selected Works (32)
- Touro University Jacob D. Fuchsberg Law Center (12)
- Cleveland State University (11)
-
- SelectedWorks (10)
- University of Pittsburgh School of Law (10)
- University of Colorado Law School (8)
- Georgetown University Law Center (7)
- University of Michigan Law School (7)
- University of Pennsylvania Carey Law School (7)
- Brooklyn Law School (6)
- University of Arkansas at Little Rock William H. Bowen School of Law (6)
- University of Georgia School of Law (6)
- Maurer School of Law: Indiana University (5)
- Pepperdine University (4)
- Texas A&M University School of Law (4)
- American University Washington College of Law (3)
- American University in Cairo (3)
- Duke Law (3)
- Notre Dame Law School (3)
- Penn State Dickinson Law (3)
- University of Richmond (3)
- Villanova University Charles Widger School of Law (3)
- Cornell University Law School (2)
- Loyola Marymount University and Loyola Law School (2)
- University of Connecticut (2)
- University of Maine School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Oklahoma College of Law (2)
- Keyword
-
- Jurisprudence (34)
- Rule of law (26)
- Law (21)
- Constitution (14)
- Democracy (11)
-
- Constitutional law (10)
- Law and Society (10)
- Stare decisis (10)
- Supreme Court (10)
- Justice (9)
- Precedent (9)
- Courts (8)
- Diversity (8)
- Rule of Law (8)
- Copyright (7)
- Judges (7)
- Legal education (7)
- Affirmative Action (6)
- Civil rights (6)
- Constitutional Law (6)
- Interpretation (6)
- Judicial review (6)
- Legislation (6)
- Politics (6)
- Public Law and Legal Theory (6)
- SFFA (6)
- Separation of powers (6)
- Black Law Student Association (5)
- Black Law Students (5)
- Black Laywers (5)
- Publication Year
- Publication
-
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Seattle University Law Review (98)
- Donald J. Kochan (11)
- David Barnhizer (10)
- All Faculty Scholarship (9)
-
- Thomas A Faunce (9)
- Touro Law Review (9)
- Articles (8)
- Faculty Scholarship (8)
- Publications (8)
- Georgetown Law Faculty Publications and Other Works (7)
- Michigan Law Review (6)
- Georgia Journal of International & Comparative Law (5)
- The Journal of Appellate Practice and Process (5)
- Texas A&M Law Review (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Brooklyn Journal of International Law (3)
- Dickinson Law Review (2017-Present) (3)
- Faculty Publications (3)
- Michele Carducci Prof. (3)
- Pepperdine Law Review (3)
- Scholarly Works (3)
- University of Richmond Law Review (3)
- Villanova Environmental Law Journal (3)
- Book Chapters (2)
- Cornell Law Faculty Publications (2)
- Faculty Articles and Papers (2)
- IP Theory (2)
- J.Benton Heath (2)
- Joseph Isanga (2)
Articles 391 - 418 of 418
Full-Text Articles in Jurisprudence
Meditating Comparisons, Or The Question Of Comparative Law, Igor Stramignoni
Meditating Comparisons, Or The Question Of Comparative Law, Igor Stramignoni
San Diego International Law Journal
Many today claim that, after WWII, the fall of the Berlin wall and, now, September 11, 2001, the changing nature of nation states, democracy, and the law can no longer be sensibly ignored. How can comparative law contribute to such an important debate? In what follows, it is argued that one way to contribute to the debate over the changing nature of nation states, democracy, and the law would be to engage in poetic comparisons of law's many domains. What, then, are poetic comparisons of law, and what do they invite us to do? Learning from Martin Heidegger's life-long advocacy …
State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan
Donald J. Kochan
In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Deborah M. Weissman
The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …
A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon
A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon
The Journal of Appellate Practice and Process
No abstract provided.
On The Internet, Nobody Knows You're A Judge: Appellate Courts' Use Of Internet Materials, Coleen M. Barger
On The Internet, Nobody Knows You're A Judge: Appellate Courts' Use Of Internet Materials, Coleen M. Barger
Faculty Scholarship
No abstract provided.
Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White
Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White
Publications
No abstract provided.
Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
As I Was Saying....A Selection Of Lectures And Informal Talks On Law And Universities And The Communities That Usually Tolerate And Sometimes Support Them, William Burnett Harvey
As I Was Saying....A Selection Of Lectures And Informal Talks On Law And Universities And The Communities That Usually Tolerate And Sometimes Support Them, William Burnett Harvey
Historic Documents
A 349 page collection of talks and recollections compiled by former Indiana University School of Law Dean, William Burnett Harvey. The collection is broken down into four parts: Reflections on the Rule of Law, The African Experience, Reflections on Education, Universities and Law, and Miscellaneous Musings.
Two appendixes are included. The first is a bibliography, and the second is two narrative accounts of Harvey's time in Ghana and his final years at Indiana University during the turbulent 1960s.
Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White
Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White
Publications
No abstract provided.
"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan
"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan
Donald J. Kochan
This Article reexamines the doctrine of public use under the Takings Clause and its ability to impede takings for private use through an application of public choice theory. It argues that the judicial validation of interest-group capture of the condemnation power through a relaxed public use standard in Takings Clause review can be explained by interest group politics and public choice theory and by institutional tendencies inherent in the independent judiciary. Legislators can sell the eminent domain power to special interests for almost any use, promising durability in the deal given the low probability that the judiciary will invalidate it …
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.
Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.
Michigan Law Review
Brer Rabbit, after claiming repeatedly that he would prefer almost anything to being thrown into the briarpatch, expressed glee once tossed there. In fact, Brer Rabbit wanted to be in the briarpatch because, like most rabbits, he could navigate the briarpatch with relative ease: the briarpatch was home.
Over the course of a century, the Supreme Court has developed a great degree of familiarity with the state action doctrine, a doctrinal briar patch. Like Brer Rabbit, the Court has disclaimed repeatedly any interest in being there.
In this article, I argue that the existing tests for establishing the presence of …
Clerks In The Maze, Pierre Schlag
Disagreement And Interpretation, Robert F. Nagel
Normativity And The Politics Of Form, Pierre Schlag
Normativity And The Politics Of Form, Pierre Schlag
Publications
No abstract provided.
The Problem Of The Subject, Pierre Schlag
Whose Nature? Practical Reason And Patriarchy, Lynne Henderson
Whose Nature? Practical Reason And Patriarchy, Lynne Henderson
Scholarly Works
No abstract provided.
Law Without Mind, Steven D. Smith
Law Without Mind, Steven D. Smith
Michigan Law Review
A large part of the work done by lawyers and judges involves the interpretation of enacted law - primarily, statutes and the Constitution. Not surprisingly, legal scholars offer a good deal of advice, usually unsolicited, about how the task of interpretation should be performed. At present, such scholarly advice commonly recommends variations on an approach that may be called "present-oriented interpretation." This approach discourages judges from equating a law with its historical meaning or "original understanding." Instead, it urges them to construe statutes and constitutional provisions in a way that will render the law "the best it can be" in …
Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss
Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss
Touro Law Review
No abstract provided.
Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay
Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay
Faculty Articles and Papers
No abstract provided.
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Touro Law Review
No abstract provided.
Precedent And Legal Authority: A Critical History, Charles W. Collier
Precedent And Legal Authority: A Critical History, Charles W. Collier
UF Law Faculty Publications
In this Article, Professor Charles Collier traces out a general theory of precedential authority through historical sources. The Article focuses on three particularly influential views of precedent: Wambaugh's concept of dictum, Oliphant's concept of stare decisis, and Goodhart's concept of ratio decidendi. These views illustrate an underlying tension between two distinct doctrines of precedential authority. The first doctrine, derived from humanistic thought, restricts-legal authority as narrowly as possible to the express terms of an original text. The second doctrine draws on the broad, generalizing tendencies of the empirical sciences and their corresponding conceptions of scientific authority. The two doctrines coexist …
Legality And Empathy, Lynne N. Henderson
Legality And Empathy, Lynne N. Henderson
Michigan Law Review
This article rejects the assumption that legality - by which I mean the dominant belief system about the Rule and role of Law - and empathy are mutually exclusive concepts. Failure to recognize the phenomenon of empathy explicitly in legal decisions more generally may result from a fear of the emotional realm as irrational, rather than a rational. It may stem from a belief that the divide between "subject" and "object" is uncrossable. The resistance to empathy may be attributable to the adversarial ideology acquired during law school understanding the adversary is not important unless it serves one's instrumental …
Legality And Empathy, Lynne Henderson
On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum
On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Critical legal scholarship challenges the liberal claim that modern western societies are characterized by "the rule of law." The liberal conception of the rule of law, critical scholars contend, serves to mystify and legitimate the legal system and thereby obscure the real issues behind individual cases as well as the real nature of the legal system. Frequently, the claim that legal rules are indeterminate is the starting point for such a critique of the rule of law. What I call the indeterminacy thesis goes roughly like this: the existing body of legal doctrines-statutes, administrative regulations, and court decisions-permits a judge …
Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume
Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume
Michigan Law Review
The Northwest Ordinance of 1787 made provisions for legislation by the territorial government in two stages: (1) adoption of laws by the governor and judges from the laws of the original states, and (2) enactment of statutes by a legislature made up of the governor, a council, and elected representatives. The first method was to be followed until the population should reach 5,000 and the second method thereafter. The present study is limited to the first stage.
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
Michigan Law Review
An anecdote which I believe I recall from one of Professor Brogan's ·writings concerns a conversation between the archbishop and the chief justice about the relative importance of their respective powers. After the conversation had continued for some time the archbishop sought to administer the coup de grâce. "I have the advantage of you, your lordship, because you see, in the long run, the most you can say to a man is, 'You shall be hanged!' whereas it is within the functions of my office to say, 'You shall be damned!' " To this, after a moment of thought, …