Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Jurisprudence (8)
- Democracy (4)
- Law (4)
- Law and Society (4)
- Public Law and Legal Theory (4)
-
- Economics (3)
- Emprego (3)
- Felicidade (3)
- Human rights (3)
- Law and Economics (3)
- Legislação laboral (3)
- Marxism (3)
- Sociologia (3)
- Trabalho (3)
- Women (3)
- Constitutional law (2)
- Corporate Personhood (2)
- Crise (2)
- Development (2)
- Discrimination (2)
- General Law (2)
- Habermas (2)
- Judicial review (2)
- Kelsen (2)
- Kosovo (2)
- Legal education (2)
- Legislation (2)
- Legitimacy (2)
- Neoliberalism (2)
- Political Philosophy / Political Science (2)
- Publication
-
- Paulo Ferreira da Cunha (6)
- All Faculty Scholarship (4)
- Articles (4)
- Ahmed E SOUAIAIA (2)
- David Ingram (2)
-
- Faculty Scholarship (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Justin Schwartz (2)
- San Diego Law Review (2)
- Angela Goodrum (1)
- Arthur Dyevre (1)
- Bryan H. Druzin (1)
- CRHR: Archaeology (1)
- Claremont-UC Undergraduate Research Conference on the European Union (1)
- Marjorie M. Shultz (1)
- Nick J. Sciullo (1)
- Philosophy: Faculty Publications and Other Works (1)
- Péter Cserne (1)
- Thomas A Faunce (1)
- Yofi Tirosh (1)
- Publication Type
Articles 31 - 37 of 37
Full-Text Articles in Jurisprudence
Alexander's Genius, Mitchell N. Berman
Communicative Content And Legal Content, Lawrence B. Solum
Communicative Content And Legal Content, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay investigates a familiar set of questions about the relationship between legal texts (e.g., constitutions, statutes, opinions, orders, and contracts) and the content of the law (e.g., norms, rules, standards, doctrines, and mandates). Is the original meaning of the constitutional text binding on the Supreme Court when it develops doctrines of constitutional law? Should statutes be given their plain meaning or should judges devise statutory constructions that depart from the text to serve a purpose? What role should default rules play in the interpretation and construction of contracts? This essay makes two moves that can help lawyers and legal …
Natalie Stoljar’S Wishful Thinking And One Step Beyond: What Should Conceptual Legal Analysis Become?, Imer Flores
Natalie Stoljar’S Wishful Thinking And One Step Beyond: What Should Conceptual Legal Analysis Become?, Imer Flores
Georgetown Law Faculty Publications and Other Works
Praising wishful thinking is a serious risk that the author is willing to run not only in this article commenting of Natalie Stoljar’s work but also elsewhere in his scholarship. The author will analyze her claims and will agree mostly with them, he will also criticize her for stopping one step short adopting the desirability or weaker claim, when in it is not merely possible but necessary to go one step beyond arguing for the necessity or stronger claim. The author intends to present further grounds for endorsing “conceptual (legal) analysis pluralism” by distinguishing the three different inquiry or projects …
Stasis And Change In Environmental Law: The Past, Present And Future Of The Fordham Environmental Law Review, Gerald S. Dickinson
Stasis And Change In Environmental Law: The Past, Present And Future Of The Fordham Environmental Law Review, Gerald S. Dickinson
Articles
The past twenty years of environmental law are marked as much by legislative stasis as by profound change in the way that lawyers, policymakers, and scholars interact with the field. Although no new federal legislation was passed over the past two decades, much has changed about the field of environmental law. This change is the result of a set of conceptual and legal challenges to the field posed by intellectual and policy movements that took root in the early 1990s. The intellectual and policy movements that have most profoundly shaped the field of environmental law in the past twenty years …
Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo
Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo
Nick J. Sciullo
This article is about corporate personhood, discussed on the backdrop of class consciousness and criticisms of capital generated, in large part, by the recent and continuing Occupy Movements. I am at first concerned with articulating the evolving jurisprudence of corporate personhood as developed in the Supreme Court of the United States. Combined with this doctrinal approach, I offer a Marxist criticism of corporate personhood jurisprudence that culminates in a discussion of the Occupy Movements' logic of resistance to corporate domination in the United States' law and policy. First, I discuss the role Marxist criticism has played in legal discourse and …
Energy And Environment Policy Case For A Global Project, Thomas A. Faunce
Energy And Environment Policy Case For A Global Project, Thomas A. Faunce
Thomas A Faunce
A policy case is made for a global project on artificial photosynthesis including its scientific justification, potential governance structure and funding mechanisms.
‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek
‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek
Péter Cserne
This is the manuscript of a chapter written for a Hungarian handbook on legal scholarship. It provides an historical overview and a theoretical defense of a policy oriented, in contrast to doctrinal, study of law. The chapter also provides an introduction to the foundations and methodological tools of public policy analysis, including regulatory impact assessment.