Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Chief Justice Marshall (2)
- Justice Frankfurter (2)
- Supreme Court (2)
- 1994 Malawi Constitution (1)
- Adam Clayton Powell (1)
-
- African Constitutional Law (1)
- Alcoa case (1)
- Ali Mazrui (1)
- American State Department (1)
- American Stock Exchange (1)
- American lawyers (1)
- Anglo-American common law (1)
- Arbitrary and partisan decisions (1)
- Arbitration proceedings (1)
- Aristotle (1)
- Article 1 of the UN Charter (1)
- Attorney General vs. Chipeta (1)
- Attorney General vs. Jobe (1)
- Baker vs. Carr (1)
- Berliet (1)
- Beschwerde (1)
- Bill of Rights (1)
- British Colonies (1)
- British Nylon Spinners v. Imperial Chemicals Industries Ld. (1)
- Brown vs. Board (1)
- Bundesbeamtengesetz (1)
- Bundesgerichtshof (1)
- Bundesrechtsanwaltsordnung (1)
- Bundesverfassungsgericht (1)
- Cardozo (1)
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Jurisprudence
Law's Semantic Self-Portrait: Discerning Doctrine With Co-Citation Networks And Keywords, Joseph S. Miller
Law's Semantic Self-Portrait: Discerning Doctrine With Co-Citation Networks And Keywords, Joseph S. Miller
Scholarly Works
An apex court’s body of cases has an internal texture, continually augmented by recent citations to earlier, topically related cases. How can we best describe that texture? The citation network shows a path. Specifically, what past Supreme Court cases do more recent Supreme Court cases tend to cite together, as if a topical pair? Using a web of those oft-cited pairs, what noun phrases appear in a given cluster of cases more often, relative to the rate at which those phrases appear in writings more generally? To answer these questions is to map, in detail, a body of decisional law. …
Justice Gorsuch's Views On Precedent In The Context Of Statutory Interpretation, Hillel Y. Levin
Justice Gorsuch's Views On Precedent In The Context Of Statutory Interpretation, Hillel Y. Levin
Scholarly Works
The doctrine of precedent, in its stare decisis form, presents a challenge to any originalist. This doctrine provides that a court should (at least sometimes) be bound by its own precedent, even if that precedent was wrongly decided in the first place. Yet if the original meaning of the text at issue is a judge’s focus, why should an intervening decision of the court—and a mistaken one at that— matter at all? Despite this tension, every originalist also at least purports to care about precedent.
This Essay focuses on Justice Gorsuch’s apparent views on precedent in the context of statutory …
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Oscar Schachter
The Place Of Policy In International Law, Oscar Schachter
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda
Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda
LLM Theses and Essays
Judicial review is a judicial action that involves the review of an inferior legislative or executive act for conformity with a higher legal norm, with the possibility that the inferior norm may be invalidated or suspended if necessary. Although judicial review has been explicitly provided for in some written post-independence African constitutions, such review has not developed into a significant principle of African juridical democracy. This lack of development can be attributed to the emergence of dictatorships in the post-colonial era. However, Malawi’s weak judiciary system was remedied by the 1994 Constitution which gave the Malawian judiciary a central position, …