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Full-Text Articles in Jurisprudence
Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser
Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser
Washington University Jurisprudence Review
No abstract provided.
Confined To A Narrative: Approaching Rape Shield Laws Through Legal Narratology, Kathryn C. Swiss
Confined To A Narrative: Approaching Rape Shield Laws Through Legal Narratology, Kathryn C. Swiss
Washington University Jurisprudence Review
No abstract provided.
Reconstructing Constitutional Punishment, Paulo Barrozo
Reconstructing Constitutional Punishment, Paulo Barrozo
Washington University Jurisprudence Review
Constitutional orders punish—and they punish abundantly. However, analysis of the constitutionality of punishment tends to be reactive, focusing on constitutional violations. Considered in this light, the approach to constitutional punishment rests on conditions of unconstitutionality rather than proactively on the constitutional foundations of punishment as a legitimate liberal-democratic practice. Reactive approaches are predominantly informed by moral theories about the conditions under which punishment is legitimate. In contrast, proactive approaches call for a political theory of punishment as a legitimate practice of polities. This Article integrates the reactive and proactive approaches by bridging the divide between moral and political theories ...
Holding The Bench Accountable: Judges Qua Representatives, John L. Warren Iii
Holding The Bench Accountable: Judges Qua Representatives, John L. Warren Iii
Washington University Jurisprudence Review
No abstract provided.
Reasonable Rage: The Problem With Stereotypes In Provocation Cases, Nicole A.K. Matlock
Reasonable Rage: The Problem With Stereotypes In Provocation Cases, Nicole A.K. Matlock
Washington University Jurisprudence Review
No abstract provided.
An Argument For Incentivizing Voluntary Regulation Of The Fashion And Modeling Industries, Allison Clyne Tschannen
An Argument For Incentivizing Voluntary Regulation Of The Fashion And Modeling Industries, Allison Clyne Tschannen
Washington University Jurisprudence Review
No abstract provided.