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Articles 1 - 12 of 12
Full-Text Articles in Jurisprudence
The Ministerial Exception And The Limits Of Religious Sovereignty, Ian C. Bartrum
The Ministerial Exception And The Limits Of Religious Sovereignty, Ian C. Bartrum
Ian C Bartrum
This paper explores the scope of independent religious sovereignty in the context of the ministerial exception.
Ratings Contre Etats, Gregory Lewkowicz
Ratings Contre Etats, Gregory Lewkowicz
Gregory Lewkowicz
Interview of Gregory Lewkowicz on credit rating agencies by I. de Laminne for the newspaper "La Libre Belgique"
The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo
The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
The criminal justice system is complex. It is also bureaucratic by design and has evolved over the years from simple unstructured peacekeeping units to the large complex crime-fighting system that it is today. Many of those who work within it find it challenging and unwieldy. Many of those who are accused of an offense find it confusing and intimidating. This goes for citizens and foreigners whether they are competent in the English language or not. For most members of ethnic minority groups, the experience can be harrowing and often fatal.
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
Zena Denise Crenshaw-Logal
On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …
Bridging The Divide: Finding Common Ground On The Modern Chevron Debate, Nicholas C. Stewart
Bridging The Divide: Finding Common Ground On The Modern Chevron Debate, Nicholas C. Stewart
Nicholas C Stewart
Traditionally, when reviewing an administrative agency’s adjudication or rulemaking under National Labor Relations Board v. Hearst Publications, Inc., 322 U.S. 111 (1944), courts would ask whether the question before them was one of law or a mixed question of law and fact. While the former was accorded no deference, the latter received a great deal. Despite this seemingly simple construct, courts persistently confused questions of law with mixed questions, and vice versa, resulting in the inconsistent application of standards of review. In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), the U.S. Supreme Court drastically …
The (Re-) Constitution Of The Public, Gianluigi Palombella
The (Re-) Constitution Of The Public, Gianluigi Palombella
Gianluigi Palombella
This article deals with the prospect of public law in global governance. It analyses firstly the foundations of modern public law and considers what is left of them in the global setting. Are they still holding through States’ de-centering practices, detached from the legitimating grounds of the modern ‘idea of publicness’? What is called here the duality of public law (in its State-related political and juridical strands) fades and decouples in the sphere where inherently ‘global’ legalities originate of a deracinated type: the distinctively global ‘public’ only provides a ‘suspended public law’ and politically unsaturated. The Constitution of the Public …
Godsdienst Als Hype, Wouter H. De Been
Leaking By The Bucketload: The Nature Of Database Leaks, Wouter H. De Been, Khaibar Sarghandoy
Leaking By The Bucketload: The Nature Of Database Leaks, Wouter H. De Been, Khaibar Sarghandoy
Wouter H. de Been
The British expense account scandal, the revelations by Wikileaks, and the Palestine papers are all database leaks. Such leaks were not impossible before, but they have become much simpler. Through global communication networks everybody can now leak on an industrial scale. The question addressed in this paper is: How to understand and regulate such database leaks? The notion that they will empower democratic publics is problematic. Databases, typically, are not easily intelligible. At best they provide the raw data for an understanding of an institutional culture or attitude. Experts and specialists remain essential intermediaries for the interpretation of the raw …
Correos Electrónicos De Autoridades Públicas: En Torno A Una Mala Caracterización Jurídica, Fernando Muñoz
Correos Electrónicos De Autoridades Públicas: En Torno A Una Mala Caracterización Jurídica, Fernando Muñoz
Fernando Muñoz
Tal como una adecuada caracterización jurídica puede reportar grandes ventajas desde el punto de vista de la sistematicidad y coherencia del sistema jurídico, una mala caracterización puede significar desde una oportunidad perdida hasta un traspié con graves consecuencias.
The Modalities Of Constitutional Argument: A Primer, Ian C. Bartrum
The Modalities Of Constitutional Argument: A Primer, Ian C. Bartrum
Ian C Bartrum
This piece is a contribution to Linda Edwards upcoming book Readings In Persuasion: Briefs That Changed the World (forthcoming Wolters Kluwer). In it I offer a short primer on the modalities of constitutional argument, as Philip Bobbitt has described them. As someone who teaches Constitutional Law with the primary goal of educating future practitioners, I have always brought Bobbitt’s very practical (while also very theoretical) work into my classroom discussions. I have regularly used the first chapter of Bobbitt’s Constitutional Interpretation as introductory text on the subject, but I have sometimes found the reading to be too long and/or theoretical …
Constitutional Value Judgments And Interpretive Theory Choice, Ian C. Bartrum
Constitutional Value Judgments And Interpretive Theory Choice, Ian C. Bartrum
Ian C Bartrum
Philip Bobbitt’s remarkable work describing the ‘modalities’ of constitutional argument is an immense contribution to the study of constitutional law. He describes a typology of six forms of argument alive in our interpretive practice, and offers a limited account of how these modalities interact, and sometimes conflict, in actual constitutional decisions. One of the persistent puzzles Bobbitt’s description leaves open, however, is how we should account for the choice between conflicting modalities in cases where that choice is likely outcome-determinative. Because the modalities are ‘incommensurable’—a term’s meaning in one modality may not be fully translatable into another—there is no internal …
Iqbal & Twobly: Will Plausibility Requirments Influence The Supreme Court's Analysis Of Affirmative Action?, Colin W. Maguire
Iqbal & Twobly: Will Plausibility Requirments Influence The Supreme Court's Analysis Of Affirmative Action?, Colin W. Maguire
Colin W. Maguire
The U.S. Supreme Court seems intent on taking another look at affirmative action in higher education. What could this mean for colleges and universities? This blawg post offers no definitive answers, but points out that arguments exists for both sides of the issue through a recent legal development: Iqbal & Twobly's Plausibility Doctrine. If the Doctrine forces a transative duty on case law, then affirmative action programs' legal rationale - long decried for not making logical sense - could suffer. Conversely, the Court appears to have already used plausibility as a factor in promoting a different type of affirmative action …