Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Jurisprudence

From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Hollinger Dec 2015

From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Hollinger

Joan Hollinger

No abstract provided.


Anti-Inquisitorialism, David Sklansky Dec 2015

Anti-Inquisitorialism, David Sklansky

David A Sklansky

A broad and enduring theme of Atherican jurisprudence treats the Continental, inquisitorial system of criminal procedure as epitomizing what our system is not; avoiding inquisitorialism has long been thought a core commitment of our legal heritage. This Article examines the various roles that anti-inquisitorialism has played and continues to play in shaping our criminal process, and then it assesses the attractiveness of anti-inquisitorialism as a guiding principle of American law. The Article begins by describing four particularly striking examples of anti-inquisitorialism at work: the Supreme Court's recent reinterpretation of the Confrontation Clause; the Court's invalidation of mandatory sentencing schemes that …


Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen Mar 2015

Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.


Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen Mar 2015

Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.


Bureaucratic Organizations And The Theory Of Adjudication, Meir Dan-Cohen Mar 2015

Bureaucratic Organizations And The Theory Of Adjudication, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.