Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Criminal law (2)
- Criminal procedure (2)
- Distributive justice (2)
- Sentencing (2)
- Abortion (1)
-
- Adjudication (1)
- American Indian law (1)
- Attempt (1)
- Best interests of the child (1)
- Burris v. burris (1)
- Child custody (1)
- Climate change (1)
- Deterrence (1)
- Dissolution (1)
- Divorce (1)
- EOP (1)
- Economics (1)
- Efficiency (1)
- Energy (1)
- Energy oppressed poor (1)
- Felony murder (1)
- Feminist theory (1)
- Fragmentation (1)
- Gender (1)
- Gonzales v. Carhart (1)
- Indoor air pollution (1)
- Integration (1)
- International dispute resolution (1)
- International environmental law (1)
- International law (1)
Articles 1 - 8 of 8
Full-Text Articles in Jurisprudence
Legal Transitions And The Problem Of Reliance, David M. Hasen
Legal Transitions And The Problem Of Reliance, David M. Hasen
Publications
This Article analyzes the literature on legal transitions. The principal focus is taxation, but the analysis generalizes to other areas. I argue that the theoretical apparatus developed by scholars active in the legal transitions area suffers from significant conceptual shortcomings. These shortcomings include the unwarranted assimilation of legal to factual change, the naturalization of conventional arrangements, and the disregard of the distinction between making law and finding it. As a consequence, the recent literature offers an analysis that is unable either to explain actual transitions or to provide an adequate theory of how legal change should take place. In the …
It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss
It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss
Publications
No abstract provided.
The Last Indian Raid In Kansas: Context, Colonialism, And Philip P. Frickey's Contributions To American Indian Law, Sarah Krakoff
The Last Indian Raid In Kansas: Context, Colonialism, And Philip P. Frickey's Contributions To American Indian Law, Sarah Krakoff
Publications
To many, American Indian law is a remote and anomalous area of the law. To others, including Professor Phil Frickey, themes in American Indian law are central to our identity as a nation, and lessons from the field inform broader understandings of the competencies and limitations of the federal judiciary. One of Professor Frickey’s recurring scholarly arguments is that the federal courts are most within their areas of institutional competence when they approach contemporary Indian law questions as structural disputes between sovereigns, rather than as individual conflicts amenable to the application of mainstream public law values. An event described as …
Converging Trajectories: Interest Convergence, Justice Kennedy, And Jeannie Suk's "The Trajectory Of Trauma", Jennifer S. Hendricks
Converging Trajectories: Interest Convergence, Justice Kennedy, And Jeannie Suk's "The Trajectory Of Trauma", Jennifer S. Hendricks
Publications
This essay responds to Jeannie Suk's recent article in the Columbia Law Review, The Trajectory of Trauma: Bodies and Minds of Abortion Discourse. Suk argues that feminists are responsible for legitimizing a paternalistic attitude towards women that came home to roost in Gonzales v. Carhart. This essay argues that Suk's critique of feminist paternalism needs to be supplemented with a discussion of traditional paternalism and its influence on how feminist advocacy enters the law. In particular, it suggests that Derrick Bell's theory of interest convergence provides a useful framework for understanding the cultural, legal, and rhetorical evidence adduced …
Energy Justice And Sustainable Development, Lakshman Guruswamy
Energy Justice And Sustainable Development, Lakshman Guruswamy
Publications
Sustainable Development ("SD")--an expression of distributive justice--is the foundational premise of international energy and environmental law. It posits that international answers to environmental and energy problems cannot be pursued as independent and autonomous objectives but must be addressed within the framework of economic and social development. SD has been politically institutionalized in the Millennium Development Goals and a plethora of significant international instruments. Perhaps more importantly from a legal standpoint, SD is unequivocally codified, in the most widely accepted international energy and environmental treaties. This Article affirms the importance and continuing applicability of SD to the "other" third of the …
Integration Matters: Rethinking The Architecture Of International Dispute Resolution, Anna Spain
Integration Matters: Rethinking The Architecture Of International Dispute Resolution, Anna Spain
Publications
International law promotes global peace and security by providing mechanisms for the pacific settlement of international disputes. This Article examines these mechanisms and their place in the architecture of the international dispute resolution ("IDR") system. The Article identifies three core deficiencies of the IDR system that limit its effectiveness and capacity. First, the international legal system has prioritized the development of adjudication over other forms of dispute resolution; the judicialization of international disputes and the proliferation of courts and tribunals evidence this. However, adjudication is limited in its capacity to resolve disputes that involve non-state parties and extra-legal issues. This …
The False Promise Of Retributive Proportionality, Aya Gruber
The False Promise Of Retributive Proportionality, Aya Gruber
Publications
No abstract provided.
A Distributive Theory Of Criminal Law, Aya Gruber
A Distributive Theory Of Criminal Law, Aya Gruber
Publications
In criminal law circles, the accepted wisdom is that there are two and only two true justifications of punishment-retributivism and utilitarianism. The multitude of moral claims about punishment may thus be reduced to two propositions: (1) punishment should be imposed because defendants deserve it, and (2) punishment should be imposed because it makes society safer. At the same time, most penal scholars notice the trend in criminal law to de-emphasize intent, centralize harm, and focus on victims, but they largely write off this trend as an irrational return to antiquated notions of vengeance. This Article asserts that there is in …