Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Law (9)
- Jurisprudence (5)
- Therapeutic jurisprudence (4)
- Law and morality (2)
- Natural law (2)
-
- Policy-oriented jurisprudence (2)
- Admiralty law (1)
- Citizenship (1)
- Constitutional law (1)
- Contracts (1)
- Countries Areas and Regions (1)
- Courts (1)
- Criminal jurisprudence (1)
- Criminal law (1)
- Dostoevsky (1)
- Eight amendment (1)
- Faith and morals (1)
- Federal Courts (1)
- Federal law (1)
- Federalism (1)
- Graham v florida (1)
- Harlem Reentry Court (1)
- Human flourishing (1)
- Israel (1)
- Judicial minimalism (1)
- Justic Scalia centrality of text (1)
- Juvenile defendants (1)
- Juvenile justice advocate (1)
- Legal profession (1)
- Miller v. Alabama (1)
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Jurisprudence
A Call For Transparency In Sports To The Government Of Puerto Rico, Karla V. Aponte
A Call For Transparency In Sports To The Government Of Puerto Rico, Karla V. Aponte
St. Thomas Law Review
Much like a state, Puerto Rico is self-governed, but cannot interfere with federal law. However, sports federations in Puerto Rico are not governed by the existing applicable federal law. Sports federations are avoiding most of the strict regulations imposed by federal acts, mainly because Puerto Rico has its own Olympic identity, and is recognized by the International Olympic Committee as a separate country. As a result, the language on the federal acts has been interpreted to only apply to those organizations representing the United States. Because of this, federations avoid strict auditing procedures, and other regulations, which consequently have deterred …
Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez-Rivera
Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez-Rivera
Faculty Articles
Friendships can be uneasy without ceasing to be friendships. Because the "pie" of law and morality's relationship can be sliced in many ways and to different yields, in what follows, I consider the simultaneously unexplored, uneasy, and yet promising relationship between the Natural Law tradition and Policy-Oriented Jurisprudence (or "New Haven"), hoping that doing so will partially illuminate aspects of the relationship between morality and the law more generally. My aim is to describe what and how New Haven School founders Myres McDougal and Harold Lasswell thought about Natural Law. As it will become clearer below, despite their critical appraisal …
The Faith And Morals Of Justic Antonin Scalia, David F. Forte
The Faith And Morals Of Justic Antonin Scalia, David F. Forte
Intercultural Human Rights Law Review
It is because of Justice Scalia's suspicion of philosophy and of history that he becomes an outspoken textualist. But why should text carry greater authority? Why should the written word, rather than evolving tradition, be of higher authority, particularly to a Roman Catholic? To understand Antonin Scalia's affirmation of the centrality of text, we must, as many already have, seek to find out how the man viewed his religion and how he practiced it.
Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez
Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez
Intercultural Human Rights Law Review
In what follows, I first introduce what I take to be the two foundational insights of Policy-Oriented Jurisprudence, to wit: that law is a means that should be defined and studied from the perspective of the political superior or sovereign as inherently a type of decision made in social context that is ideally someone's creative and rational choice. Second, I introduce New Haven's distinction between theories of law and theories about law as framing its assessment of alternative legal theories, including Natural Law. Third, I explore Lasswell's and McDougal's attitude toward Natural Law, as well as the sources from which …
Dostoevsky As Juvenile Justice Advocate And Progenitor Of Therapeutic Jurisprudence, Amy D. Ronner
Dostoevsky As Juvenile Justice Advocate And Progenitor Of Therapeutic Jurisprudence, Amy D. Ronner
St. Thomas Law Review
In this Article, I explore this fixation with childhood suffering and suggest that Dostoevsky implicitly predicted the core tenets of a relatively new legal movement, called "therapeutic jurisprudence" ("TJ"), and I broach the question of why this matters. In an effort to provide an answer, I identify Dostoevsky as an early ombudsman for therapeutic juvenile justice and link him to the voiceless "polyphonic" voices in The Brothers Karamazov and to what I denominate the poly-personae of A Writer's Diary.
Therapeutic Jurisprudence, Professionalism, And "Spikes" For Lawyers, Shelley Kierstead
Therapeutic Jurisprudence, Professionalism, And "Spikes" For Lawyers, Shelley Kierstead
St. Thomas Law Review
This article will progress as follows. In Part 1, I discuss both the medical profession and the legal profession's challenges in relation to effective communication with patients and clients. I suggest that the medical profession's response, specifically as it relates to delivering bad news, has been more proactive and widespread than the legal profession's response. Part 2 briefly reviews research dealing with legal clients' emotional responses to different forms of communication, with a view supporting the argument that clarity of information, empathic responses to clients' reactions, and collaborative problem-solving are important elements of a professional relationship. Part 3 introduces the …
A Warmer Welcome Home: The Need For Incorporating Therapeutic Jurisprudence In Reentry Courts, Kelsey Geary
A Warmer Welcome Home: The Need For Incorporating Therapeutic Jurisprudence In Reentry Courts, Kelsey Geary
St. Thomas Law Review
This comment will focus on one of the first established reentry courts-the Harlem Reentry Court ("HRC")-by evaluating its effectiveness with the basic principles of therapeutic jurisprudence. Section II provides general background on all the relevant topics: therapeutic jurisprudence, problem-solving courts, and reentry courts. Section III specifically focuses on the background, formation, and strategies of the HRC. Section IV gives an in-depth analysis of HRC's process, and how recognizing and further incorporating therapeutic practices could increase its success. Finally, Section V will conclude the argument by advocating for nationwide exposure and implementation of reentry courts for parolees around the country with …
Should Therapeutic Jurisprudence Be Used To Analyze Impacts Of Legal Process On Government, Carol L. Zeiner
Should Therapeutic Jurisprudence Be Used To Analyze Impacts Of Legal Process On Government, Carol L. Zeiner
St. Thomas Law Review
This article takes the controversial position that despite therapeutic jurisprudence's (sometimes referred to as "TJ") focus on the impact of laws and legal processes on the emotional and related physical well-being of human beings, there can be TJ-like impacts on government, at least in certain circumstances, that can be discovered by making a TJ analysis of the situation. It further contends that these TJ-like impacts on government ought to be examined for a number of important reasons: (1) they provide greater insights into therapeutic and antitherapeutic impacts on humans; (2) the deeper understandings gained through this analysis can then be …
The Contract: Between Contract Law And Criminal Jurisprudence, Roni Rosenberg
The Contract: Between Contract Law And Criminal Jurisprudence, Roni Rosenberg
St. Thomas Law Review
The structure of the essay is as follows: Part I presents the general legal premise that enables the conviction of one who has caused harm by an omission in cases where the duty to act originates in a contractual obligation and highlights U.S. case law on this topic. Part II distinguishes between the duty to act that originates in a contract and a similar duty that is mentioned in case law and literature: the actual assumption of responsibility for a potential victim. Part III introduces various scenarios to assist in examining which contracts can serve as a source of a …
The Growing Pains Of Graham V. Florida: Deciphering Whether Lengthy Term-Of-Years Sentences For Juvenile Defendants Can Equate To The Unconstitutional Sentence Of Life Without The Possibility Of Parole, Therese A. Savona
St. Thomas Law Review
This article will provide a basic understanding of Eighth Amendment jurisprudence and then explores how the most recent United States Supreme Court cases of Graham v. Florida and Miller v. Alabama affect juvenile resentencing. Additionally, this article addresses the most recent trend presented in juvenile cases where the juvenile defendant is charged as an adult, tried as an adult, and sentenced accordingly. Specifically, the issue of a lengthy term-of-years sentence in states such as California and Florida appear to be the battleground of diverse opinions, more so perhaps than other states.
Waiting For Gaudet Charting A Course After Atlantic Sounding Co. V. Townsend, Attilio M. Costabel
Waiting For Gaudet Charting A Course After Atlantic Sounding Co. V. Townsend, Attilio M. Costabel
St. Thomas Law Review
In Waiting for Godot, the masterpiece play by Nobel Laureate Samuel Beckett, two friends wait expectantly for someone named Godot to arrive. The friends claim him as an acquaintance, but in fact they hardly know him, admitting that they would not recognize him were they to see him. After days of waiting in vain, they pledge to commit suicide the day after, unless of course Godot arrives. At the play's end, the audience never learns if Godot arrived or if the friends committed suicide. This narrative is strikingly similar to the saga of the homonymous Supreme Court case name Gaudet-a …
Blakely, Apprendi, Booker, Begay, And Santos: Judicial Minimalism And The U.S. Supreme Court's Ill-Conceived Attempts At A Rational Jurisprudence, E.J. Yera
St. Thomas Law Review
The approach the Court has taken in the cases discussed herein has regrettably resulted in a waste of judicial, prosecutorial and defense resources at a time when the United States has more individuals in prison than any other industrialized nation in the world. More importantly, these decisions have left the law in a state of deliberate confusion and have harmed the individual defendants, many of whom are minorities whose rights are already fragile. The Court's unfinished decisions have also created a state of uncertainty that has been equally damaging to the victims of crime and to the integrity of the …
The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner
The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner
Faculty Articles
No abstract provided.