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Articles 1 - 25 of 25
Full-Text Articles in Jurisprudence
Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Law Faculty Research Publications
Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …
Confrontation In The Age Of Plea Bargaining [Comments], William Ortman
Confrontation In The Age Of Plea Bargaining [Comments], William Ortman
Law Faculty Research Publications
No abstract provided.
Objective Punishment, Anthony M. Dillof
Objective Punishment, Anthony M. Dillof
Law Faculty Research Publications
Should the punishment fit the criminal as well as the crime? The article argues that idiosyncratic features of the criminal that might affect subjective punishment experience should not be considered when assessing the severity of the punishment for proportionality purposes.
Second-Best Criminal Case, William Ortman
Second-Best Criminal Case, William Ortman
Law Faculty Research Publications
No abstract provided.
Community Dignity Takings: Dehumanization And Infantilization Of Communities Resulting From The War On Drugs, Jamila Jefferson-Jones
Community Dignity Takings: Dehumanization And Infantilization Of Communities Resulting From The War On Drugs, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
Communitarianism And The Roberts Court: The Sequel, Robert M. Ackerman, Adam G. Winn
Communitarianism And The Roberts Court: The Sequel, Robert M. Ackerman, Adam G. Winn
Law Faculty Research Publications
No abstract provided.
When Things Went Terribly, Terribly Wrong Part Ii, Steven L. Winter
When Things Went Terribly, Terribly Wrong Part Ii, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
The “Law Of The First Amendment” Revisited, Robert A. Sedler
The “Law Of The First Amendment” Revisited, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Pushing The Limits Of Global Governance: Trading Rights, Censorship And Wto Jurisprudence - A Commentary On The China-Publications Case, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
Pushing The Limits Of Global Governance: Trading Rights, Censorship And Wto Jurisprudence -- A Commentary On The China-Publications Case, Julia Ya Qin
Law Faculty Research Publications
For decades, China has maintained State import monopoly in cultural products. The opaque State trading operations ensure a maximum level of flexibility and efficacy in the government censorship of imports. The WTO judiciary held in the China-Publicationscase that this practice is inconsistent with China's trading rights commitments under its Accession Protocol and cannot be justified by the public morals exception of the General Agreement on Tariffs and Trade. To comply with the WTO ruling, China must restructure its censorship regime, which it apparently is not prepared to do. This article analyses the implications of the WTO decision and provides a …
The Pitfalls Of Dealing With Witnesses In Public Corruption Prosecutions, Peter J. Henning
The Pitfalls Of Dealing With Witnesses In Public Corruption Prosecutions, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Against Certification, Justin R. Long
Against Certification, Justin R. Long
Law Faculty Research Publications
Certification is the process whereby federal courts, confronted by an open question of state law in federal litigation, ask the relevant state high court to decide the state law question. If the state high court chooses to answer, its statement of state law stands as the definitive declaration of the law on the disputed point. The case then returns to the certifying federal court, which resolves any remaining issues, including federal questions, and then issues a mandate. Although a wide range of academic commentators and jurists support certification as an example of respect for state autonomy, this Article shows that …
The Michigan Supreme Court, Stare Decisis, And Overruling The Overrulings, Robert A. Sedler
The Michigan Supreme Court, Stare Decisis, And Overruling The Overrulings, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
How The Supreme Court's Decisions Over The Last Decade Have Reshaped Federal Circuit Jurisprudence, Katherine E. White
How The Supreme Court's Decisions Over The Last Decade Have Reshaped Federal Circuit Jurisprudence, Katherine E. White
Law Faculty Research Publications
No abstract provided.
A Matter Of Constitutional Luck: The General Applicability Requirement In Free Exercise Jurisprudence, Christopher C. Lund
A Matter Of Constitutional Luck: The General Applicability Requirement In Free Exercise Jurisprudence, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
A Ray Of Light For Judges Blinded By Science: Triers Of Science And Intellectual Due Process, Erica Beecher-Monas
A Ray Of Light For Judges Blinded By Science: Triers Of Science And Intellectual Due Process, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Review Essay: Positivism, Emergent And Triumphant (Review Of Anthony Sebok, Legal Positivism In American Jurisprudence), Vincent A. Wellman
Review Essay: Positivism, Emergent And Triumphant (Review Of Anthony Sebok, Legal Positivism In American Jurisprudence), Vincent A. Wellman
Law Faculty Research Publications
No abstract provided.
A Real World Perspective On Choice Of Law, Robert A. Sedler
A Real World Perspective On Choice Of Law, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Dworkin And The Legal Process Tradition: The Legacy Of Hart & Sacks, Vincent A. Wellman
Dworkin And The Legal Process Tradition: The Legacy Of Hart & Sacks, Vincent A. Wellman
Law Faculty Research Publications
No abstract provided.
Summary Judgment, Motions To Dismiss, And Other Examples Of Equilibrating Tendencies In The Antitrust System, Stephen Calkins
Summary Judgment, Motions To Dismiss, And Other Examples Of Equilibrating Tendencies In The Antitrust System, Stephen Calkins
Law Faculty Research Publications
No abstract provided.
Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman
Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman
Law Faculty Research Publications
No abstract provided.
Dombrowski In The Wake Of Younger: The View From Without And Within, Robert Allen Sedler
Dombrowski In The Wake Of Younger: The View From Without And Within, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Injunctive Relief And Personal Integrity, Robert A. Sedler
Injunctive Relief And Personal Integrity, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Equitable Relief, But Not Equity, Robert Allen Sedler
Equitable Relief, But Not Equity, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Standing To Assert Constitutional Jus Tertll In The Supreme Court, Robert Allen Sedler
Standing To Assert Constitutional Jus Tertll In The Supreme Court, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.