Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 12 of 12
Full-Text Articles in Jurisprudence
When Are Law And Economics Isomorphic?, John Cirace
When Are Law And Economics Isomorphic?, John Cirace
Golden Gate University Law Review
The legal community generally views the way in which judges decide cases as a rational decision process. However, the concept of judicial rationality is ambiguous, because judges use two rational decision processes: legal rationality and economic rationality. Legal rationality is based on the principle of precedent, or stare decisis, which requires that judges decide like cases alike. Judges determine whether cases are like or distinguishable through the construction of legal classifications and through recognition of factual similarities and differences.
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf
San Diego International Law Journal
The piece examines the treatment of the Fourth Amendment in immigration courts by surveying its jurisprudential history in those courts and then analyzes the judicial responses thereto. Disparities among circuit court rulings add to the confusion and unpredictability typical of Immigration Court decisions. Finally, the article discusses the difficulties raised by the divergent circuit court opinions and offers suggestions as to how we may resolve these difficulties in accordance with the Constitution's requirement of fair play.
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
Legislation and Policy Brief
This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …
The Death Penalty: Developments In Caribbean Jurisprudence, Anthony Gifford
The Death Penalty: Developments In Caribbean Jurisprudence, Anthony Gifford
International Journal of Legal Information
The presentation analyzes death penalty developments in the Caribbean jurisprudence. The discussion of a series of court decisions leads to the opinion that it is not right for the State to “end the life of a human being.” It questions death penalty as punishment for crime versus “the capacity of individuals for redemption and rehabilitation."
Legal Paradigms: How Jurisprudence Affects Insider/Outsider Status Quo, Outsider Jurisprudence, And Transformative Directions., Guadalupe T. Luna
Legal Paradigms: How Jurisprudence Affects Insider/Outsider Status Quo, Outsider Jurisprudence, And Transformative Directions., Guadalupe T. Luna
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Through Papers To Persons, John T. Noonan Jr.
Through Papers To Persons, John T. Noonan Jr.
Villanova Law Review
No abstract provided.
The Law's Melody, Jack L. Sammons
Persons All The Way Up, Steven D. Smith
Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Villanova Law Review
No abstract provided.
The Person In Law, The Number In Math: Improved Analysis Of The Subject As Foundation For A Noveau Régime , Orlando I. Martínez-García
The Person In Law, The Number In Math: Improved Analysis Of The Subject As Foundation For A Noveau Régime , Orlando I. Martínez-García
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland
Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland
Villanova Law Review
No abstract provided.
The Exclusionary Rule Redux - Again, Lloyd L. Weinreb
The Exclusionary Rule Redux - Again, Lloyd L. Weinreb
Fordham Urban Law Journal
The exclusionary rule itself is not very complicated: if the police obtain evidence by means that violate a person’s rights under the Fourth Amendment, the evidence is not admissible against that person in a criminal trial. The basic provision, however, has been freighted with innumerable epicycles, and epicycles on epicycles ever since it was made part of Fourth Amendment jurisprudence. The exclusionary rule survives in a kind of doctrinal purgatory, neither accepted fully into the constitutional canon nor cast into the outer darkness. It survives, but its reach is uncertain, its rational questioned, and its value doubted. Hudson v. Michigan …