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Full-Text Articles in Jurisprudence

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman Sep 2917

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman

Florida State University Law Review

In 2017, the U.S. Senate confirmed Neil M. Gorsuch’s nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch’s primary area of expertise is anti-trust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.

His unique expertise will likely situate Gorsuch as one of the Court’s leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to ...


Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir Oct 2019

Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir

Doron M Kalir

Part II provides an account of the jurisprudence of Globalization and Legal Theory. Due to the novelty of many of the issues discussed in the book, as well as their importance to the understanding of Twining's recommendations, I have provided a longer than usual account of several chapters. Part II touches upon one of the central jurisprudential dichotomies introduced by Twining—the distinction between general and particular jurisprudence. Twining compares different accounts of the distinction using pairs of canonical jurists. In particular, he compares H.L.A Hart's Postscript with Dworkin's Law's Empire. In this part ...


Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips Oct 2019

Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips

Victoria Phillips

No abstract provided.


The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak Oct 2019

The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak

Conference: The Social Practice of Human Rights

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the rights to life, highest attainable standard of physical and mental health, adequate standard of living, adequate food, clean water and sanitation, housing, culture, freedom of expression and association, information and education, participation, effective remedies, and the rights of indigenous peoples. Without adequate ...


Marshall As A Judge, Robert Post Oct 2019

Marshall As A Judge, Robert Post

Fordham Law Review

Marshall is a towering and inspirational figure in the history of American constitutional law. He changed American life forever and unquestionably for the better. But the contemporary significance of Marshall’s legacy is also, in ways that challenge present practices and beliefs, ambiguous.


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor Sep 2019

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor

Seattle University Law Review

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives—and their emergency management law enforcement actors—when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I choose ...


The Radical Feminist Defense Of Individualism, Cynthia V. Ward Sep 2019

The Radical Feminist Defense Of Individualism, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.


A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward Sep 2019

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.


Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney Sep 2019

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Thomas J. McSweeney

One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...


Falsity And The First Amendment, G. Edward White Sep 2019

Falsity And The First Amendment, G. Edward White

SMU Law Review

This Article considers the extent to which the exclusion of forms of speech from the coverage of the First Amendment has turned on the falsity of statements within the excluded categories. It does so, first, by reviewing the Supreme Court’s early and mid-twentieth century free speech decisions, to demonstrate that none of the principal cases in which the Court swept a particular category of expression within the First Amendment’s coverage involved speech that was false; and, second, by suggesting that when the Court first announced that some “breathing space” was required for factually inaccurate statements about public officials ...


“And The Truth Shall Make You Free”: Schenck, Abrams, And A Hundred Years Of History, Rodney A. Smolla Sep 2019

“And The Truth Shall Make You Free”: Schenck, Abrams, And A Hundred Years Of History, Rodney A. Smolla

SMU Law Review

No abstract provided.


Inciting, Requesting, Provoking, Or Persuading Others To Commit Crimes: The Legacy Of Schenck And Abrams In Free Speech Jurisprudence, Larry Alexander Sep 2019

Inciting, Requesting, Provoking, Or Persuading Others To Commit Crimes: The Legacy Of Schenck And Abrams In Free Speech Jurisprudence, Larry Alexander

SMU Law Review

No abstract provided.


The Unruliness Of Rules, Peter A. Alces Sep 2019

The Unruliness Of Rules, Peter A. Alces

Peter A. Alces

No abstract provided.


Regret And Contract "Science", Peter A. Alces Sep 2019

Regret And Contract "Science", Peter A. Alces

Peter A. Alces

No abstract provided.


Shining A Light On Maryland's Solar Energy Market & Its Renewable Energy Policies, John Gekas Sep 2019

Shining A Light On Maryland's Solar Energy Market & Its Renewable Energy Policies, John Gekas

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Up The Creek Without A Paddle: Consequences For Failing To Protect Prisoners During A Natural Disaster, Rachel Shaw Sep 2019

Up The Creek Without A Paddle: Consequences For Failing To Protect Prisoners During A Natural Disaster, Rachel Shaw

Environmental and Earth Law Journal (EELJ)

No abstract provided.


The "Stunning" Reality Behind Halal Meat Production, Axl Campos Kaminski Sep 2019

The "Stunning" Reality Behind Halal Meat Production, Axl Campos Kaminski

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Banning Plastic Straws: The Beginning Of The War Against Plastics, Marcela Romero Mosquera Sep 2019

Banning Plastic Straws: The Beginning Of The War Against Plastics, Marcela Romero Mosquera

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody Sep 2019

Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody

Carlisle Moody

No abstract provided.


Sexual Harassment Ndas: Privacy, Complicity, And The Paradox Of Blackmail, Scott Altman Aug 2019

Sexual Harassment Ndas: Privacy, Complicity, And The Paradox Of Blackmail, Scott Altman

University of Southern California Legal Studies Working Paper Series

Harvey Weinstein and the #MeToo movement focused public attention on both sexual predation and the non-disclosure agreements (NDAs) that help it to persist. NDAs help repeat perpetrators avoid detection and punishment, increasing the risk of harm to future victims. At the same time, NDAs are thought to have benefits. They protect informational privacy interests of both perpetrators and victims, facilitate dispute settlement, and provide victims with larger settlement awards.

This article offers moral arguments against the supposed virtues of NDAs. Guilty perpetrators are not entitled to informational privacy about their wrongs. It might be thought that NDAs protect perpetrators from ...


Fair Precaution, Gregory C. Keating Aug 2019

Fair Precaution, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This book chapter briefly sketches a general framework which explains why questions of fairness have a natural salience when the imposition of risks of harm by some on others is at issue, and it applies that conception to major aspects of negligence law. Fairness comes to the fore because risk impositions require us to compare what those who impose the risks stand to gain, and those upon whom they are imposed stand to lose. Determinations of due care reconcile competing claims of liberty and security, for a plurality of persons. Fairly reconciling liberty and security requires reconciling them on terms ...


The Character Of The Business: Looking Through "Broken Windows" For Liability In Mass Shootings & Other Third-Party Criminal Acts, Madison Shepley Aug 2019

The Character Of The Business: Looking Through "Broken Windows" For Liability In Mass Shootings & Other Third-Party Criminal Acts, Madison Shepley

Seattle University Law Review

Mass violence and third-party criminal acts are increasing in prevalence, and Washington State's current prior incidents liability analysis does not fully address public policy concerns of safety. This Comment argues for an expansive standard of the definition of character of the business that incorporates a sociological understanding of the effects of an atmosphere of crime. It provides an overview of the various state analyses for determining liability for third-party criminal conduct and breaks down how states have incorporated the concept of character of the business as a factor in liability analysis, ultimately turning to a discussion of how the ...


Survey Of Washington Search And Seizure Law: 2019 Update, Justice Charles W. Johnson, Justice Debra L. Stephens Aug 2019

Survey Of Washington Search And Seizure Law: 2019 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and ...


Law Matters -- Less Than We Thought, Daniel M. Klerman, Holger Spamann Aug 2019

Law Matters -- Less Than We Thought, Daniel M. Klerman, Holger Spamann

University of Southern California Legal Studies Working Paper Series

In a pre-registered 2×2×2 factorial between-subject randomized lab experiment with 61 federal judges, we test if the law influences judicial decisions, if it does so more under a rule than under a standard, and how its influence compares to that of legally irrelevant sympathies. The judges were given realistic materials and a relatively long period of time (50 minutes) to decide a run-of-the-mill auto accident case. We find weak evidence for the law effect, stronger evidence that rules constrain more than standards, and no evidence of a sympathy effect. Unexpectedly, we find that judges were more likely to ...


Between Absolutism And Efficiency: Reply To Professors Giestfeld, Gray, And Priel, Gregory C. Keating Aug 2019

Between Absolutism And Efficiency: Reply To Professors Giestfeld, Gray, And Priel, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This paper replies to Professor Geistfeld, Grady, and Priel’s excellent comments on my article Principles of Risk Imposition and the Priority of Avoiding Harm, 36 Revus J. for Const. Th. & Phil. of Law, 7 (2018). Both my article and Professor Geistfeld’s, Grady’s and Priel’s papers are part of the “Symposium: Risk Regulation and Tort Law, A discussion with Gregory C. Keating.” This Reply completes the Symposium. It attempts, briefly, to develop two lines of argument. One line attempts to respond to the specific criticism that Professors Geistfeld, Grady, and Priel, make in the Comments. In part ...


Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper Aug 2019

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Jesse H Choper

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the ...


Corrective Justice: Sovereign Or Subordinate?, Gregory C. Keating Aug 2019

Corrective Justice: Sovereign Or Subordinate?, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

The concept of “corrective justice” has figured prominently in debates over the formal structure and normative commitments of private law—especially tort law—over the past generation. This chapter organizes those debates around two very different conceptions of the role and significance of corrective justice in private law, especially tort law. One conception sees corrective justice as “sovereign” the other sees it as “subordinate”. On a subordinate conception, corrective justice is an aspect of the institution of tort law and it must be accounted for by an adequate theory of tort. On a sovereign conception, corrective justice is the master ...


Is Tort Law "Private"?, Gregory C. Keating Aug 2019

Is Tort Law "Private"?, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

A prominent, important strand of contemporary thinking about tort law—represented most powerfully by the work of Arthur Ripstein and Ernest Weinrib—has coalesced around the thesis that the concept of “private law” is the key to the subject. In one familiar usage of the term, the thesis that tort is private law is innocuous. Tort is private law in the sense that it is concerned with relations among persons in civil society. As the banner under which a school of thought marches, “private law” is a much weightier concept. It asserts that the essence of tort law is encapsulated ...


Mental Health Jail Diversion: A Therapeutic Approach To Offending In Twenty-First Century America, Ryan J. Parent Aug 2019

Mental Health Jail Diversion: A Therapeutic Approach To Offending In Twenty-First Century America, Ryan J. Parent

Criminology Student Work

This analysis is concerned with understanding the facets of criminal justice diversion programs that successfully improve the mental wellbeing of participants and, as a subsequent effect, reduce offending amongst the mentally ill populous in the United States. An inquiry of pre-program and post-program data from both adult and juvenile mental health specific programs reveals that participation amongst both groups shows a meaningful reduction in new/repeat offending in comparison to non-participants. The data shows that the expansion of law enforcement Crisis Intervention Team’s (CIT’s) has a compounding effect to the positive results. A review of these programs in ...