Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (55)
- Law and Society (50)
- Constitutional Law (37)
- International Trade Law (35)
- Legal History (34)
-
- Environmental Law (31)
- State and Local Government Law (31)
- Legal Ethics and Professional Responsibility (30)
- Military, War, and Peace (30)
- Courts (28)
- Health Law and Policy (27)
- Immigration Law (27)
- Oil, Gas, and Mineral Law (26)
- Criminal Law (19)
- Judges (18)
- Social and Behavioral Sciences (18)
- Civil Rights and Discrimination (15)
- Law and Politics (15)
- Arts and Humanities (14)
- Supreme Court of the United States (14)
- Criminal Procedure (13)
- Legal Studies (13)
- Legislation (13)
- Human Rights Law (12)
- Philosophy (12)
- Legal Writing and Research (11)
- Sociology (10)
- Business Organizations Law (9)
- Institution
-
- University of New Mexico (33)
- University of Nebraska - Lincoln (30)
- St. Mary's University (26)
- University of Michigan Law School (10)
- University of Pennsylvania Carey Law School (10)
-
- Georgetown University Law Center (9)
- Selected Works (9)
- UIC School of Law (8)
- BLR (7)
- SelectedWorks (7)
- Liberty University (6)
- University of Colorado Law School (6)
- Cornell University Law School (5)
- New York Law School (4)
- Mitchell Hamline School of Law (3)
- University of Florida Levin College of Law (3)
- University of Pittsburgh School of Law (3)
- University of San Diego (3)
- Vanderbilt University Law School (3)
- Villanova University Charles Widger School of Law (3)
- Brigham Young University Law School (2)
- Brooklyn Law School (2)
- Columbia Law School (2)
- Georgia State University College of Law (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Baltimore Law (2)
- University of Miami Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of the Pacific (2)
- Keyword
-
- Jurisprudence (28)
- St. Mary’s Law Journal (15)
- St. Mary’s University School of Law (15)
- Judicial review (7)
- Constitutional Law (5)
-
- Constitutional law (5)
- Criminal Law and Procedure (5)
- Law and Society (5)
- Legal Philosophy (5)
- Legal theory (5)
- United States Supreme Court (5)
- Articles (4)
- Courts (4)
- Supreme Court (4)
- Congress (3)
- Constitution (3)
- Corporations (3)
- Democracy (3)
- Empiricism (3)
- Federal courts (3)
- Formalism (3)
- Human Rights Law (3)
- Jury (3)
- Justice (3)
- Legal History (3)
- Legislature (3)
- Morality (3)
- Politics (3)
- Positivism (3)
- Pragmatism (3)
- Publication
-
- United States - Mexico Law Journal (1993-2005) (33)
- Court Review: The Journal of the American Judges Association (30)
- St. Mary's Law Journal (25)
- All Faculty Scholarship (12)
- Georgetown Law Faculty Publications and Other Works (9)
-
- Articles (8)
- ExpressO (7)
- Michigan Law Review (7)
- UIC Law Review (7)
- Faculty Scholarship (6)
- Publications (6)
- Articles & Chapters (3)
- Cornell Law Faculty Publications (3)
- Faculty Publications (3)
- Faculty Publications and Presentations (3)
- Jackson Nyamuya Maogoto (3)
- Jeffrey C. Tuomala (3)
- San Diego International Law Journal (3)
- UF Law Faculty Publications (3)
- William Mitchell Law Review (3)
- Brigham Young University Journal of Public Law (2)
- Faculty Articles (2)
- Faculty Publications By Year (2)
- McGeorge School of Law Scholarly Articles (2)
- Pragmatism, Law and Governmentality (2)
- Scholarly Articles (2)
- Vanderbilt Law School Faculty Publications (2)
- Villanova Law Review (2)
- Angela P Harris (1)
- Brian Slattery (1)
- Publication Type
- File Type
Articles 1 - 30 of 228
Full-Text Articles in Jurisprudence
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
All Faculty Scholarship
Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the legal …
For And Against Marriage: A Revision., Anita Bernstein
For And Against Marriage: A Revision., Anita Bernstein
Faculty Scholarship
No abstract provided.
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
ExpressO
Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …
Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor
Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor
ExpressO
The Article probes a paradox that lies at the heart of the work of critical race scholar Derrick Bell. Bell claims on the one hand that racism is permanent, and yet on the other he argues that the fight against racism is both necessary and meaningful. Although Bell’s thesis of racism’s permanence has been criticized for rendering action for racial justice unavailing, the Article advances an understanding of Bell that supports and defends the integrity of his paradox. The Article draws upon the work of Protestant theologian Reinhold Niebuhr and Niebuhr’s paradox that social action is both necessary and meaningful …
Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard
Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard
Articles & Chapters
Law evolves more slowly than pop culture or public attitude. Because most exonerations have not resulted in written legal opinions, their impact is slowly seeping into case law. However, courts are influenced by the same news that sways the rest of us. Even without explicitly referring to innocence or wrongful convictions, modern trial courts are undoubtedly more likely to admit expert testimony on the question of eyewitness identification because they are painfully aware of just how easily such witnesses - no matter how honest or passionate - can be wrong. They are certainly more inclined to view confessions suspiciously, especially …
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
No-Citation Rules Under Siege: A Battlefield Report And Analysis, Stephen R. Barnett
No-Citation Rules Under Siege: A Battlefield Report And Analysis, Stephen R. Barnett
The Journal of Appellate Practice and Process
No abstract provided.
Political And Legal Governance Under The Judicial Reform: A Case Study On Basic-Level Political And Legal Committee(司法改革背景下的政法治理方式——基层政法委员会制度个案研究), Meng Hou
Hou Meng
No abstract provided.
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Federal Court Authority To Regulate Lawyers: A Practice In Search Of A Theory Of A, Fred C. Zacharias, Bruce A. Green
Federal Court Authority To Regulate Lawyers: A Practice In Search Of A Theory Of A, Fred C. Zacharias, Bruce A. Green
Vanderbilt Law Review
Federal courts regulate lawyers, including federal prosecutors, by enforcing various constitutional, statutory, and other legal constraints. Federal courts also adopt and enforce their own disciplinary rules pursuant to rule-making authority delegated by Congress. To what extent, however, do federal courts have independent power, in the absence of an explicit grant of authority, to regulate private lawyers and federal prosecutors? Although lower federal courts have long exercised power both to define and to sanction professional misconduct, the United States Supreme Court has never clarified the source and scope of this authority.
This issue is important for two reasons. First, most federal …
The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
UF Law Faculty Publications
This article is an effort to provide both the intellectual context of Thurman Arnold's work and, through his work, a better sense of where and how the study of law turned after realism. The article is in five parts. Part I describes Arnold's relationship with legal realism, looking at the earliest part of his academic career when, as a mainstream realist, he performed empirical studies of local and state court systems. Part II is Arnold's proposed field of "Political Dynamics," an interdisciplinary approach to the symbols of law, politics, and economics. Part III considers Arnold's authorial voice in Symbols and …
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Articles
No abstract provided.
The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen
The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen
ExpressO
No abstract provided.
Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel
Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel
ExpressO
This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive …
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Working Paper Series
Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle …
The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron
The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron
ExpressO
No abstract provided.
In The Stream Of The Commerce Clause: Revisiting Asahi In The Wake Of Lopez And Morrison, Andrew Kurvers Spalding
In The Stream Of The Commerce Clause: Revisiting Asahi In The Wake Of Lopez And Morrison, Andrew Kurvers Spalding
Nevada Law Journal
No abstract provided.
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
ExpressO
Recently the United States and a number of its traditional allies have clashed over a variety of foreign policy issues that are profoundly juridical: the authority for war and peace, the International Criminal Court, etc. The source of these recent tensions is to be located at a level deeper than that of narrow national interests and specific policies. Rather, they arise from significant differences concerning the nature of "consensus" and, ultimately, legal philosophy. While the United Nations and many other international organizations derive their legal visions from the philosophy of law of Hans Kelsen (1881-1973), one of the most important …
The Trajectory Of (Corporate Law) Scholarship, Brian R. Cheffins
The Trajectory Of (Corporate Law) Scholarship, Brian R. Cheffins
ExpressO
While considerable attention is devoted to legal scholarship, little has been written on the process by which academic writing on law evolves. This paper departs from the existing pattern and examines five potential trajectories for legal scholarship. One is based on the idea that knowledge “accumulates” as part of “progress” towards a better understanding of the matters under study. The second is the concept of the “paradigm”, derived from work done on the history and sociology of science. The third focuses on the idea that academic endeavor concerning law yields useful ideas since market forces are at work. The fourth …
Arkansas's Entry Into The Not-So-New Judicial Federalism, Ka Tina R. Hodge
Arkansas's Entry Into The Not-So-New Judicial Federalism, Ka Tina R. Hodge
University of Arkansas at Little Rock Law Review
No abstract provided.
Factless Jurisprudence, Darren Lenard Hutchinson
Factless Jurisprudence, Darren Lenard Hutchinson
UF Law Faculty Publications
Professor Terry Smith has written a very important work on the inadequacy of juridical approaches to antidiscrimination law in the context of Title VII litigation. Smith argues that the anti-retaliation provisions of Title VII can serve more broadly as a mechanism for protecting workers of color from prohibited racial discrimination. Smith contends that contemporary equality jurisprudence, however, impedes the protective scope of the anti-retaliation provision because courts fail to appreciate the broader context of racial antagonism in which persons of color live. Particularly, courts often misinterpret lawful racial protest in the workplace as disruptive and appropriately regulated to the detriment …
Court Review; Volume 40, Issue 2 - Table Of Contents
Court Review; Volume 40, Issue 2 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 2 - Cover
Court Review: Volume 40, Issue 2 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 2 - Judicial Report On The Adjudication And Sanctioning Of Hard-Core Drinking Drivers, Robyn Robertson, Herb Simpson
Court Review: Volume 40, Issue 2 - Judicial Report On The Adjudication And Sanctioning Of Hard-Core Drinking Drivers, Robyn Robertson, Herb Simpson
Court Review: The Journal of the American Judges Association
Impaired driving is the most frequently committed crime in America. It has been an issue of debate and concern for the judiciary, as courtrooms across the country hear cases involving a majority of the 1.4 million annual DWI arrests. Since the early 1980s, concerned citizens have lobbied for and won considerable changes to the way these cases are approached from a public-policy perspective, often resulting in legislative initiatives and changes in criminal practice. Until now, however, little comprehensive research has been conducted on the implications of these system-wide changes for criminal justice professionals. In December 2002, the Traffic Injury Research …
Court Review: Volume 40, Issue 2 - Editor's Note
Court Review: Volume 40, Issue 2 - Editor's Note
Court Review: The Journal of the American Judges Association
We begin this issue by reprinting Burke’s remarks at the Rehnquist Award ceremony. Burke tries to identify the key ingredients needed to let a court fulfill its promise to the public. His list includes fairness and respect, listening and understanding, and accountability. We think you’ll find his comments of interest. We invite your response, either via a letter to the editor or a responsive essay.
Court Review: Volume 40, Issue 2 - Complete Issue
Court Review: Volume 40, Issue 2 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 2 - The Resource Page
Court Review: Volume 40, Issue 2 - The Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 2 - A Court And A Judiciary That Is As Good As Its Promise, Kevin S. Burke
Court Review: Volume 40, Issue 2 - A Court And A Judiciary That Is As Good As Its Promise, Kevin S. Burke
Court Review: The Journal of the American Judges Association
Today the dissatisfaction with the administration of justice is at a level that none of us should tolerate or accept, for it threatens our democracy as much or more than any terrorist. The nation’s dissatisfaction with the administration of justice is our issue of homeland security. In Pound’s speech, he spoke first of the popular assumption that the administration of justice is an easy task to which anyone is competent. The fact that I am the recipient of the Rehnquist Award proves to many that Pound was correct.
Court Review: Volume 40, Issue 2 - President’S Column, Michael R. Mcadam
Court Review: Volume 40, Issue 2 - President’S Column, Michael R. Mcadam
Court Review: The Journal of the American Judges Association
As I wrote this, the National Center for State Courts had just completed the Eighth Court Technology Conference (CTC8) in Kansas City, Missouri. I was fortunate to be able to participate in CTC8 as your president and as a local host. My thoughts about CTC8 follow several lines of analysis, one about the role of technology in our courts, another about the impact of the National Center, and a third about the international nature of technology.
Court Review: Volume 40, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2002-2003 Term, Charles H. Whitebread
Court Review: Volume 40, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2002-2003 Term, Charles H. Whitebread
Court Review: The Journal of the American Judges Association
In criminal cases, this term of the United States Supreme Court had several important decisions, but no landmark cases. The Court continued to favor law enforcement. One significant development was the substantial impact of section 2254(d) of the Anti-terrorism and Effective Death Penalty Act is having in closing the door of federal courts to state prisoners petitioning for the writ of habeas corpus. Here are several of the important criminal decisions decided this term.