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Jurisprudence Commons

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University of Miami Law School

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Articles 1 - 30 of 68

Full-Text Articles in Jurisprudence

Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless Jan 2017

Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless

Articles

No abstract provided.


Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless Jan 2017

Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless

Articles

No abstract provided.


Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin Jan 2015

Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin

Articles

In Town of Greece, New York v. Galloway, the Supreme Court upheld a legislative prayer practice with overwhelmingly Christian prayers in part because the Court concluded that the exclusion of all other religions was unintentional. This requirement-that a religiously disparate impact must be intentional before it amounts to an establishment violation-is new for Establishment Clause doctrine. An intent requirement, however, is not new for equal protection or free exercise claims. This Essay explores the increased symmetry between the Establishment Clause, the Equal Protection Clause, and the Free Exercise Clause. It argues that many of the critiques of the intentional discrimination ...


Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave Jan 2013

Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave

Articles

This Article argues that the Supreme Court's technology jurisprudence can be best understood as protecting the privacy interest of elites. After providing an overview of the major technology cases from Olmstead to Kyllo, the Article focuses on the recent case of United States v Jones. The Article does not contend that the Court intended to protect elites, but instead posits that this motive likely operated at a more unconscious level because of the Justices' greater relative affluence and elevated social position.


All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen Jan 2012

All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen

Articles

Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized as a man of the Right. To Marx, Selznick added insights derived form Freud and Dewey. He was committed to the moral primacy of facts and the conditions under which they realized values. Selznickā€™s organicism is discussed and critiqued.


Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos Jan 2008

Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos

Articles

The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular in the existing antisubordination literature. Second, it argues for a theory of state obligation that goes beyond both the existing state action doctrine of the Equal Protection Clause and the failure to protect doctrine associated with Charles Black. The Article argues instead that the antisubordination principle ...


Peer Review And Publication: Lessons For Lawyers, Susan Haack Jan 2007

Peer Review And Publication: Lessons For Lawyers, Susan Haack

Articles

No abstract provided.


Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes Jan 2007

Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes

Articles

No abstract provided.


Putting Voters First: An Essay On The Jurisprudence Of Citizen Sovereignty In Federal Election Law, Frances R. Hill Jan 2006

Putting Voters First: An Essay On The Jurisprudence Of Citizen Sovereignty In Federal Election Law, Frances R. Hill

University of Miami Law Review

No abstract provided.


Congress As A Court Of Appeals, Scott E. Thomas, Jeffrey H. Bowman Jan 2006

Congress As A Court Of Appeals, Scott E. Thomas, Jeffrey H. Bowman

University of Miami Law Review

No abstract provided.


Mcconnell V. Fec Jurisprudence And Its Future Impact On Campaign Finance, Trevor Potter Jan 2006

Mcconnell V. Fec Jurisprudence And Its Future Impact On Campaign Finance, Trevor Potter

University of Miami Law Review

No abstract provided.


The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby Jan 2006

The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby

Articles

No abstract provided.


On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack Jan 2005

On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack

Articles

No abstract provided.


Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack Jan 2004

Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack

Articles

No abstract provided.


To Do Is To Be, Zanita E. Fenton Jan 2003

To Do Is To Be, Zanita E. Fenton

Articles

No abstract provided.


Habermas@Discourse.Net: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin Jan 2003

Habermas@Discourse.Net: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin

Articles

No abstract provided.


Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt Jan 2001

Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt

Articles

No abstract provided.


Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro Apr 1999

Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro

University of Miami Inter-American Law Review

No abstract provided.


The Idea Of Juristic Method: A Tribute To Karl Llewellyn, William Twining Sep 1993

The Idea Of Juristic Method: A Tribute To Karl Llewellyn, William Twining

University of Miami Law Review

No abstract provided.


Subject: Object, Jeanne L. Schroeder Sep 1992

Subject: Object, Jeanne L. Schroeder

University of Miami Law Review

No abstract provided.


Justice Barkett's Feminist Jurisprudence, Lanae Holbrook May 1992

Justice Barkett's Feminist Jurisprudence, Lanae Holbrook

University of Miami Law Review

No abstract provided.


Frozen Embryos: Towards An Equitable Solution, Mario J. Trespalacios Jan 1992

Frozen Embryos: Towards An Equitable Solution, Mario J. Trespalacios

University of Miami Law Review

No abstract provided.


Gender And Justice, Mary I. Coombs Jan 1992

Gender And Justice, Mary I. Coombs

University of Miami Law Review

No abstract provided.


Managing The Military's Homosexual Exclusion Policy: Text And Subtext, Judith Hicks Stiehm Jan 1992

Managing The Military's Homosexual Exclusion Policy: Text And Subtext, Judith Hicks Stiehm

University of Miami Law Review

No abstract provided.


Unemployment Compensation: Women And Children-The Denials, Elizabeth F. Thompson Jan 1992

Unemployment Compensation: Women And Children-The Denials, Elizabeth F. Thompson

University of Miami Law Review

No abstract provided.


The Neutered Mother, Martha Albertson Fineman Jan 1992

The Neutered Mother, Martha Albertson Fineman

University of Miami Law Review

No abstract provided.


In Praise Of Macho Women: Price Waterhouse V. Hopkins, J. Cindy Eson Jan 1992

In Praise Of Macho Women: Price Waterhouse V. Hopkins, J. Cindy Eson

University of Miami Law Review

No abstract provided.


Issues For Men In The 1990s, Michael S. Kimmel Jan 1992

Issues For Men In The 1990s, Michael S. Kimmel

University of Miami Law Review

No abstract provided.


Forced Out Of The Closet: Sexual Orientation And The Legal Dilemma Of "Outing", David H. Pollack Jan 1992

Forced Out Of The Closet: Sexual Orientation And The Legal Dilemma Of "Outing", David H. Pollack

University of Miami Law Review

No abstract provided.


Can Two Real Men Eat Quiche Together? Storytelling, Gender-Role Stereotypes, And Legal Protection For Lesbians And Gay Men, Marc A. Fajer Jan 1992

Can Two Real Men Eat Quiche Together? Storytelling, Gender-Role Stereotypes, And Legal Protection For Lesbians And Gay Men, Marc A. Fajer

University of Miami Law Review

No abstract provided.