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Articles 1 - 6 of 6
Full-Text Articles in Jurisprudence
Vol. 6, Issue 1 Table Of Contents
Editorial Note, O'Brien Kaaba, Kafumu Kalyalya
Editorial Note, O'Brien Kaaba, Kafumu Kalyalya
SAIPAR Case Review
No abstract provided.
Justiciability, Federalism, And The Administrative State, Zachary D. Clopton
Justiciability, Federalism, And The Administrative State, Zachary D. Clopton
Cornell Law Review
Article III provides that the judicial power of the United States extends to certain justiciable cases and controversies. So if a plaintiff bringing a federal claim lacks constitutional standing or her dispute is moot under Article III, then a federal court should dismiss. But this dismissal need not end the story. This Article suggests a simple, forward-looking reading of case-or-controversy dismissals: they should be understood as invitations to legislators to consider other pathways for adjudication. A case dismissed for lack of standing, for mootness, or for requesting an advisory opinion might be a candidate for resolution in a state court …
Divide & Concur: Separate Opinions & Legal Change, Thomas B. Bennett, Barry Friedman, Andrew D. Martin, Susan Navarro Smelcer
Divide & Concur: Separate Opinions & Legal Change, Thomas B. Bennett, Barry Friedman, Andrew D. Martin, Susan Navarro Smelcer
Cornell Law Review
To the extent concurring opinions elicit commentary at all, it is largely contempt. They are condemned for muddying the clarity of the law, fracturing the court, and diminishing the authoritative voice of the majority. But what if this neglect, or even disdain, of concurring opinions is off the mark? In this article, we argue for the importance of concurring opinions, demonstrating how they serve as the pulse and compass of legal change. Concurring opinions let us know what is happening below the surface of the law, thereby encouraging litigants to push the law in particular directions. This is particularly true …
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."