Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (2231)
- Constitutional Law (2146)
- State and Local Government Law (1561)
- Legal History (1520)
- Courts (1481)
-
- Judges (1200)
- Health Law and Policy (1196)
- Legal Ethics and Professional Responsibility (1173)
- International Law (1163)
- Environmental Law (1123)
- Military, War, and Peace (1118)
- Oil, Gas, and Mineral Law (1098)
- Immigration Law (984)
- Legislation (961)
- Public Law and Legal Theory (942)
- Criminal Law (935)
- Supreme Court of the United States (829)
- Social and Behavioral Sciences (821)
- Law and Politics (723)
- Civil Rights and Discrimination (710)
- Human Rights Law (708)
- Criminal Procedure (706)
- Law and Economics (648)
- Comparative and Foreign Law (633)
- Administrative Law (611)
- Law and Philosophy (581)
- International Trade Law (572)
- Arts and Humanities (563)
- Institution
-
- St. Mary's University (873)
- Selected Works (827)
- SelectedWorks (372)
- University of Michigan Law School (358)
- University of Pennsylvania Carey Law School (342)
-
- UIC School of Law (290)
- University of Nebraska - Lincoln (286)
- University of New Mexico (255)
- Touro University Jacob D. Fuchsberg Law Center (208)
- University of Colorado Law School (203)
- Maurer School of Law: Indiana University (200)
- Georgetown University Law Center (193)
- Seattle University School of Law (186)
- BLR (175)
- Barry University School of Law (166)
- Pepperdine University (161)
- Vanderbilt University Law School (153)
- American University Washington College of Law (143)
- Notre Dame Law School (132)
- United Arab Emirates University (129)
- Universitas Indonesia (127)
- University of Georgia School of Law (121)
- Villanova University Charles Widger School of Law (102)
- New York Law School (98)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (97)
- Cornell University Law School (93)
- University of Miami Law School (90)
- University of Pittsburgh School of Law (88)
- Washington and Lee University School of Law (88)
- University at Buffalo School of Law (87)
- Keyword
-
- Jurisprudence (1402)
- St. Mary’s Law Journal (395)
- St. Mary’s University School of Law (394)
- Constitutional Law (257)
- Supreme Court (253)
-
- Constitutional law (231)
- Constitution (201)
- Law and Society (199)
- United States Supreme Court (189)
- Judges (180)
- Courts (165)
- Law (164)
- Judicial review (132)
- Legal History (126)
- Public Law and Legal Theory (124)
- First Amendment (117)
- Legal theory (113)
- Legislation (113)
- Law and Economics (106)
- Criminal Law and Procedure (104)
- Politics (103)
- Justice (102)
- International Law (95)
- Criminal law (91)
- Religion (91)
- Statutory interpretation (91)
- International law (89)
- Inc. (88)
- Due process (84)
- Litigation (79)
- Publication Year
- Publication
-
- St. Mary's Law Journal (851)
- All Faculty Scholarship (387)
- Faculty Scholarship (317)
- UIC Law Review (277)
- Court Review: The Journal of the American Judges Association (275)
-
- United States - Mexico Law Journal (1993-2005) (253)
- Michigan Law Review (232)
- Articles (225)
- Publications (196)
- Georgetown Law Faculty Publications and Other Works (187)
- Seattle University Law Review (174)
- ExpressO (170)
- Touro Law Review (169)
- Scholarly Works (133)
- UAEU Law Journal (129)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (122)
- Paulo Ferreira da Cunha (111)
- Barry Law Review (109)
- Journal Articles (109)
- Indiana Law Journal (106)
- Vanderbilt Law Review (93)
- Faculty Publications (88)
- Pepperdine Law Review (83)
- Akron Law Review (79)
- Cornell Law Faculty Publications (74)
- Washington and Lee Law Review (72)
- Articles by Maurer Faculty (70)
- Articles in Law Reviews & Other Academic Journals (59)
- Georgia Journal of International & Comparative Law (58)
- Villanova Law Review (58)
Articles 7261 - 7290 of 9049
Full-Text Articles in Jurisprudence
Liberal Environmental Jurisprudence, David A. Westbrook
Liberal Environmental Jurisprudence, David A. Westbrook
Journal Articles
No abstract provided.
French And American Judicial Opinions, Michael Wells
French And American Judicial Opinions, Michael Wells
Scholarly Works
In this Article, I examine the foundations of American judicial form, in particular the proposition that powerful instrumental considerations support the issuance of reasoned opinions. This project proceeds from the belief that the form of judicial opinions deserves serious scholarly attention despite the broad consensus about its value, because it frames the terms of debate on every issue courts confront. My analysis is built on the view that critical insights into the nature of one's own legal system can be gleaned only by "understand[ing] what [one's] system is not," a task that requires putting aside the internal perspective of a …
The Buffalo River: Jurisprudence Of Preservation, John W. Ragsdale Jr
The Buffalo River: Jurisprudence Of Preservation, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Secular Fundamentalism, Paul F. Campos
A Heterodox Catechism, Paul Campos
The New Legal Hermeneutics, Francis J. Mootz Iii
The New Legal Hermeneutics, Francis J. Mootz Iii
Scholarly Works
Gregory Leyh has edited a volume of essays commissioned “to examine the intersections between contemporary legal theory and the foundations of interpretation” as explored in contemporary hermeneutics. The essays are diverse and multidisciplinary, but each sheds light on perplexing issues of legal interpretation that have exhausted commentators in recent years. The contributors share a broad agreement that we must reject the picture of law as an autonomous, insulated discourse and instead must regard legal discourse as one of many interrelated practices rooted in our character as interpretive beings.
Each contributor addressees the central concerns defined by the leading philosopher of …
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
All Faculty Scholarship
America's political institutions are built on the principle that individual preferences are central to the formation of policy. The two most important institutions in our system, democracy and the market, make individual preference decisive in the formation of policy and the allocation of resources. American legal traditions have always reflected the centrality of preference in policy determination. In private law, the importance of preference is reflected mainly in the development and persistence of common-law rules, which are intended to facilitate private transactions over legal entitlements. In constitutional law, the centrality of preference is reflected in the high position we assign …
On A New Theory Of Justice, William Ewald
On A New Theory Of Justice, William Ewald
All Faculty Scholarship
No abstract provided.
The Case Against Statutes Of Limitations For Stolen Art, Stephanos Bibas
The Case Against Statutes Of Limitations For Stolen Art, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson
The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson
All Faculty Scholarship
What is the role of the occurrence of harm or evil in criminal law? What should it be? Answers to these questions commonly use the distinction between what is called an objective and a subjective view of criminality. To oversimplify, the objective view maintains that the occurrence of the harm or evil defined by the offense is highly relevant. The subjectivist view maintains that such harm or evil is irrelevant; only the actor's culpable state of mind regarding the occurrence of the harm or evil is important. The labels tend to overstate a rather subtle distinction. The objectivist or harmful …
The Roman Foundations Of European Law, William Ewald
The Roman Foundations Of European Law, William Ewald
All Faculty Scholarship
No abstract provided.
The Concept Of Property In The Early Common Law, David J. Seipp
The Concept Of Property In The Early Common Law, David J. Seipp
Faculty Scholarship
“There is nothing,” wrote William Blackstone, “which so generally strikes the imagination and engages the affections of mankind, as the right of property.” Property continues to occupy a place of enormous importance in American legal thought. More than just a staple of the first-year law school curriculum, the concept of property guides the application of constitutional doctrines of due process and eminent domain. A grand division between “property rules” and “liability rules” classifies our common law entitlements. Property is a concept of such longstanding importance in our law, of such great inertial momentum, that it has expanded to include nonphysical …
By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins
By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins
Faculty Scholarship
Both the Supreme Court's jurisprudence of gender and feminist legal theory have generally assumed that some identifiable and describable category of woman exists prior to the construction of legal categories. For the Court, this woman-whose characteristics admittedly have changed over time-serves as the standard against which gendered legal classifications are measured. For feminism, her existence has served a different but equally important purpose as the subject for whom political goals are pursued. To the extent that the definitions of the category diverge, the differences among definitions are played out in feminist critiques of the Court's gender jurisprudence, and, occasionally, in …
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
UIC Law Review
No abstract provided.
A Functional Analysis Of Criminal Law, Paul H. Robinson
A Functional Analysis Of Criminal Law, Paul H. Robinson
All Faculty Scholarship
The criminal law has three primary functions. First, it must define and announce the conduct that is prohibited (or required) by the criminal law. Such rules of conduct, as they have been called, provide ex ante direction to members of the community as to the conduct that must be avoided (or that must be performed) upon pain of criminal sanction. This may be termed the rule articulation function of the doctrine. When a violation of the rules of conduct occurs, the criminal law takes on a different role. It must decide whether the violation merits criminal liability. This second function, …
U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger
U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger
St. Mary's Law Journal
U.S. persons who plan to do business in Mexico or invest in new or existing Mexican business ventures are faced with a myriad of U.S. federal income tax issues. U.S. counsel advising U.S. persons regarding the ownership structure for a contemplated business or investment in Mexico should have a basic understanding of the U.S. system of international taxation. While a working knowledge of Mexico’s tax system is also helpful, Mexican counsel can provide information regarding the Mexican tax implications of doing business or investing in Mexico. A review of the U.S. system of international taxation should begin with a consideration …
Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro
Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro
St. Mary's Law Journal
Every decade, after the federal government has taken the census, Americans endure the process of redistricting Congress, state legislatures, county commissioner precincts, school boards, city councils, and a host of other elected bodies. Governed by the interplay of federal, state, and local law, the reapportionment process would seem to be a relatively easy task in theory. Yet, overriding forces unique to the political arena and the judiciary’s voice in redistricting questions undermine the implementation of such a simple system. Narrow interpretation of the Voting Rights Act of 1965 by the United State Supreme Court and lower federal courts further intensify …
The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson
The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson
St. Mary's Law Journal
This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …
Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse
Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse
St. Mary's Law Journal
It is common lore among bankruptcy trustees and lawyers that a bankruptcy trustee has an unlimited time period under the Bankruptcy Code (the Code) to file objections to claims. Neither Section 502(a) of the Code nor Federal Rule of Bankruptcy Procedure 3007 contains time limitations within which an objection to a claim must be filed. Yet, creative creditor attorneys have fashioned arguments that the two-year limitations period placed on avoidance actions by Section 546(a) of the Code applies to claim objection proceedings brought under Section 502(d). Because courts have held the limitations period of Section 546(a) applies to claim objection …
Absurdity And The Limits Of Literalism: Defining The Absurd Result Principle In Statutory Interpretation, Veronica Dougherty
Absurdity And The Limits Of Literalism: Defining The Absurd Result Principle In Statutory Interpretation, Veronica Dougherty
Law Faculty Articles and Essays
The absurd result principle in statutory interpretation provides an exception to the rule that a statute should be interpreted according to its plain meaning. In an age of increasing debate about the proper approach to statutory interpretation, and of increasing emphasis on literal approaches, the absurd result principle poses intriguing challenges to literalism and to theories of interpretation generally.The absurd result principle is extraordinarily powerful. It authorizes a judge to ignore a statute's plain words in order to avoid the outcome those words would require in a particular situation. This is a radical thing; judges are not supposed to rewrite …
Self-Publication: Defamation Within The Employment Context., Howard J. Siegel
Self-Publication: Defamation Within The Employment Context., Howard J. Siegel
St. Mary's Law Journal
This Article reviews the rules and reasoning various jurisdictions have maintained in defamation actions supported by self-publication. This type of defamation action is commonly known as self-defamation. Before the law will hold the originator of a defamatory statement liable for defamation, publication of the defamatory comments must occur. Generally, defamatory communications are those communications which tend to injure one’s reputation. Publication normally occurs when one communicates the defamatory matter to “one other than the person defamed.” Originally, courts considered defamation actions valid only when the defamed person alleged that the originator directly published the statement to a third person. Under …
Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders
Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders
St. Mary's Law Journal
Abstract Forthcoming.
Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith
Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith
St. Mary's Law Journal
Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …
Zen And The Art Of Lawyering, James L. Mchugh
Zen And The Art Of Lawyering, James L. Mchugh
Villanova Law Review
No abstract provided.
Democratic Credentials, Donald J. Herzog
Democratic Credentials, Donald J. Herzog
Articles
We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …
Feminist Jurisprudence And Free Speech Theory, Susan H. Williams
Feminist Jurisprudence And Free Speech Theory, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
The Constitution Of Reasons, Robin West
The Constitution Of Reasons, Robin West
Georgetown Law Faculty Publications and Other Works
Cass Sunstein's book, The Partial Constitution, brings together a number of his constitutional law essays from the last ten years. During that time, Sunstein has argued, powerfully, for the unconstitutionality of regulatory constraints on access to abortion; for the constitutionality of and the need for regulation of violent pornography; for the constitutionality of limits on both campaign spending and congressional control over public broadcasting; for the deep consistency, conventional wisdom to the contrary notwithstanding, of the Court's repudiation of Lochner in 1937 with its 1974 decision in Roe v. Wade; for the view that we should accord far less deference …
Reflections Inspired By My Critics, Philip Chase Bobbitt
Reflections Inspired By My Critics, Philip Chase Bobbitt
Faculty Scholarship
The crucial idea in constitutional law is legitimacy; the crucial idea in jurisprudence is justification.
For some time, the academic debate about U.S. constitutionalism has looked for justifications for our practices, believing this would confer legitimacy on them. In my work, I have endeavored to derive legitimacy from the practices themselves, reserving the task of justification for other purposes.
By showing the way in which legitimacy is established and maintained in a constitutional system like ours, I hoped to derive solutions to a number of classical questions, all of which, I believe, are at bottom questions about legitimacy and legitimation. …
Foreword: The Jurisprudence Of Reconstruction, Angela Harris
Foreword: The Jurisprudence Of Reconstruction, Angela Harris
Angela P Harris
No abstract provided.
The State Interest In The Good Citizen: Constitutional Balance Between The Citizen And The Perfectionist State, Steve Sheppard
The State Interest In The Good Citizen: Constitutional Balance Between The Citizen And The Perfectionist State, Steve Sheppard
Steve Sheppard
Judges must have flexibility when responding to the changing norms of justice in society, but they must also maintain predictability to enhance the cultural acceptance of the Court’s authority and the authority of law in society. Predictability demands that a rationale for each decision be communicated by the authors of opinions so that it can be replicable by other courts.
The debate over a preferred method of adjudication, balancing or categorical, is moot because the two methods are not mutually exclusive. The important issue is the definition of interests to be promoted or discouraged by law, which must also be …