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Jurisprudence Commons

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Articles 1 - 12 of 12

Full-Text Articles in Jurisprudence

When Are Law And Economics Isomorphic?, John Cirace Oct 2010

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 Oct 2010

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 Sep 2010

“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 Mar 2010

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 Jan 2010

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. Jan 2010

Through Papers To Persons, John T. Noonan Jr.

Villanova Law Review

No abstract provided.


The Law's Melody, Jack L. Sammons Jan 2010

The Law's Melody, Jack L. Sammons

Villanova Law Review

No abstract provided.


Persons All The Way Up, Steven D. Smith Jan 2010

Persons All The Way Up, Steven D. Smith

Villanova Law Review

No abstract provided.


Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 …