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2005

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Articles 1 - 30 of 38

Full-Text Articles in Jurisprudence

Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham Dec 2005

Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

In this pioneering book, Boston College Law School’s Academic Dean, Lawrence Cunningham, arranges selected contributions of his faculty’s scholarship into a meditation upon justice. The book weaves a combination of theory and practice to articulate moral and ethical values that facilitate rational application of law. It envisions legal arrangements imbued with commitments of the Jesuit tradition, including the dignity of persons, the common good and compassion for the poor. This reflective collection of inquiry evokes a signature motif of the BC Law faculty in dozens of different legal subjects. Materials downloadable from this abstract consist of: Table of ...


Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins Nov 2005

Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins

ExpressO

This LL.M. Intercultural Human Rights thesis (May, 2005), awarded the best student paper prize for 2005 by the Institute of Policy Sciences at Yale University (in October, 2005), after analysing past and curent issues regarding the culture wars controversy of "reparations", proposes a specific process for establishing Truth and Reconciliation regarding the legacy of slavery in the United States. The proposal recommends commissions in each Federal judicial district under the supervision of a U.S. Slavery Justice and Reconciliation Commission (USSJRC), calling for "America's 21st Century Contract with Africa and African-Americans".


Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala Sep 2005

Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala Sep 2005

Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Adjusting The Rear-View Mirror: Rethinking The Use Of History In Supreme Court Jurisprudence, Mitchell Gordon Sep 2005

Adjusting The Rear-View Mirror: Rethinking The Use Of History In Supreme Court Jurisprudence, Mitchell Gordon

ExpressO

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree Aug 2005

Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree

ExpressO

The article explores the rhetorical strategies deployed in both legal and cultural narratives of Mormon polygamy in nineteenth-century America. It demonstrates how an understanding of that unique communal experience, and the narratives by which it was represented, informs the classic paradox of community and autonomy – the tension between the collective and the individual. The article concludes by using the Mormon polygamy analysis to illuminate a contemporary social situation that underscores the paradox of community and autonomy – homosexuality and the so-called culture wars over family values and the meaning of marriage.


On The Sources Of Islamic Law And Practices, Ahmed Souaiaia Jul 2005

On The Sources Of Islamic Law And Practices, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


The Medieval Blood Sanction And The Divine Beneficence Of Pain: 1100 - 1450, Trisha Olson Jul 2005

The Medieval Blood Sanction And The Divine Beneficence Of Pain: 1100 - 1450, Trisha Olson

ExpressO

No abstract provided.


The Effect Of Myth On Primitive And Ancient Justice , Stuart Madden Jul 2005

The Effect Of Myth On Primitive And Ancient Justice , Stuart Madden

ExpressO

THE EFFECT OF MYTH ON PRIMITIVE AND ANCIENT JUSTICE M. Stuart Madden

Abstract In primitive and civilized cultures alike, myth has served as a foundational component of social structure and societal cultural self-image. For peoples with limitation on their skills of scientific inquiry and/or detached social observation, myth has served purposes ranging from explanation of the natural world to early visions of civil justice and a moral ethos. Such application of myth has necessarily and simultaneously provided adherents with the means of rationalizing the caprice and harshness of the natural world, as well as giving a means of accepting ...


Theory Wars In The Conflict Of Laws, Louise Weinberg May 2005

Theory Wars In The Conflict Of Laws, Louise Weinberg

Michigan Law Review

Fifty years ago, at the height of modernism in all things, there was a great revolution in American choice-of-law theory. You cannot understand what is going on in the field of conflict of laws today without coming to grips with this central fact. With this revolution, the old formalistic way of choosing law was dethroned, and has occupied a humble position on the sidelines ever since. Yet there has been no lasting peace. The American conflicts revolution is still happening, and poor results are still frustrating good intentions. Now comes Dean Symeon Symeonides, the author of the choice of- law ...


Law’S Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister Apr 2005

Law’S Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister

ExpressO

For so long as it has been important to know “what the law is,” the practice of law has been an information profession. Nonetheless, just how the information ecosphere affects legal discourse and thinking has never been systematically studied. Legal scholars study how law attempts to regulate information flow, but they say little about how information limits, shapes, and provides a medium for law to operate.

Part I of the paper introduces a holistic approach to “medium theory”—the idea that methods of communication influence social development and ideology—and applies the theory to the development of legal thinking and ...


Legal Realism As Theory Of Law, Michael S. Green Apr 2005

Legal Realism As Theory Of Law, Michael S. Green

William & Mary Law Review

No abstract provided.


American Constitutionalism And Dualist Democracy, George Skouras Mar 2005

American Constitutionalism And Dualist Democracy, George Skouras

ExpressO

This article takes issue with Bruce Ackerman's Hegelian dialectical interpretation of American constitutionalism. It also argues, in particular, that Ackerman's notion of dualist democracy is not workable and, in general, the idea that democracy is a metaphysical concept.


Book Review: Forensic Linguistics, Dru Stevenson Mar 2005

Book Review: Forensic Linguistics, Dru Stevenson

ExpressO

Review of John Gibbons' text "Forensic Linguistics"


A Brief Look At Broward County Lawyers’ And Judges’ Attitudes Toward Plea Bargaining As A Tool Of Courtroom Efficiency, Mohammad A. Faruqui Mar 2005

A Brief Look At Broward County Lawyers’ And Judges’ Attitudes Toward Plea Bargaining As A Tool Of Courtroom Efficiency, Mohammad A. Faruqui

ExpressO

Even the most rigidly ideological prosecutors acknowledge that they need to plea out most of the less serious criminal charges to ensure justice without incurring an unmanageable backlog of cases. But what do most criminal lawyers and judges think about the plea arrangment system? Is it fair to defendants? Do lawyers use plea bargains to better serve their clients by finding the best deal, or do they use plea bargains to cut their case load for what some call "garbage cases?" This paper surveys a small sample to see how 21st century Broward County criminal lawyers feel about the plea ...


The Origins Of "Reasonable Doubt", James Q. Whitman Mar 2005

The Origins Of "Reasonable Doubt", James Q. Whitman

Faculty Scholarship Series

The "reasonable doubt" rule is notoriously difficult to define, and many judges and scholars have deplored the confusion it creates in the minds of jurors. Yet "reasonable doubt" is regarded as a fundamental part of our law. How can a rule of such fundamental importance be so difficult to define and understand?

The answer, this paper tries to show, lies in history. The "reasonable doubt" rule was not originally designed to serve the purpose it is asked to serve today: It was not originally designed to protect the accused. Instead, it was designed to protect the souls of the jurors ...


Whose Europe? After The Constitution: A Goal Based Citizenship, Gianluigi Palombella Jan 2005

Whose Europe? After The Constitution: A Goal Based Citizenship, Gianluigi Palombella

Gianluigi Palombella

This article designed the scenario of a constitutional Europe after 2004 and the work of the Convention on a (proposed) Constitution. In particular it elaborated on the philosophical background and legal categorizations of a European citizenship, and exposed its added value and the innovative perspective that it should have prompted.


The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel Jan 2005

The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel

Jonathan Yovel

The right of a defaulting party to cure a non-performance under the condition that such cure does not create any – or at least any excessive – hardship for the aggrieved party, correlated by the aggrieved party’s obligation to receive such curative performance, has emerged as the single most innovative contribution of the Uniform Commercial Code to sales law in general. However, in comparative perspective the cure doctrine is by no means universal nor uniform. This study offers a construction of the meaning of contractual cure and in particular its relation to the aggrieved party’s power to terminate the contract ...


Afterword - Outsider Citizenships And Multidimensional Borders: The Power And Danger Of Not Belonging, Pedro A. Malavet Jan 2005

Afterword - Outsider Citizenships And Multidimensional Borders: The Power And Danger Of Not Belonging, Pedro A. Malavet

UF Law Faculty Publications

In this closing for the LatCrit VIII symposium, I adopt a collective view of the articles, and attempt to develop how the themes discussed in them fit within LatCrit scholarship. I will then interrogate the future of our enterprise by discussing the danger of succumbing to the seduction of the real or perceived need "to reinvent the wheel," or at least to clothe ideas in overly-developed language. Last, the Conclusion discusses how LatCrit scholarship is both promoted and challenged by the articles published here. I further include some suggested institutional responses to the opportunities for mentoring and nurturing that I ...


Beyond The Conventional Establishment Clause Narrative, Richard Albert Jan 2005

Beyond The Conventional Establishment Clause Narrative, Richard Albert

Seattle University Law Review

The article reviews of jurisprudence offers a systematic look at every Establishment Clause case to have reached the docket of the United States Supreme Court since 1947. That year is of particular significance, for it marks the incorporation of the Establishment Clause, which the Court articulated in its influential establishment case, Everson v. Board of Education. Through the intervening years there have been a total of forty-six other cases-forty-seven in total-in which establishment issues constituted the core legal quandary. The article poses two questions as it reviews the Court's opinion in each suit: (1) In contemplating the meaning of ...


Death By A Thousand Signatures: The Rise Of Restrictive Ballot Access Laws And The Decline Of Electoral Competition In The United States, Oliver Hall Jan 2005

Death By A Thousand Signatures: The Rise Of Restrictive Ballot Access Laws And The Decline Of Electoral Competition In The United States, Oliver Hall

Seattle University Law Review

This Article explores one instance of the countermajoritarian problem in American democracy: how to protect the rights of minor parties and independent candidates participating in an electoral system dominated by two major parties. In particular, this Article focuses on the effect of modern ballot access laws on candidates' rights, arguing that courts ought to treat these laws as a presumptively impermissible form of "collusion in restraint of democracy." Although the article borrows the language of antitrust law, this argument is rooted in core constitutional principles and rights guaranteed under the First and Fourteenth Amendments. Nevertheless, the analogy to antitrust law ...


American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley Jan 2005

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

The John Marshall Law Review

No abstract provided.


Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel Jan 2005

Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel

The John Marshall Law Review

No abstract provided.


On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack Jan 2005

On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack

Articles

No abstract provided.


In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi Jan 2005

In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi

The John Marshall Law Review

No abstract provided.


The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg Jan 2005

The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill Jan 2005

“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


Stemming The Tide Of Stem Cell Research: The Bush Compromise, 38 J. Marshall L. Rev. 1061 (2005), Patrick Walsh Jan 2005

Stemming The Tide Of Stem Cell Research: The Bush Compromise, 38 J. Marshall L. Rev. 1061 (2005), Patrick Walsh

The John Marshall Law Review

No abstract provided.


Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii Jan 2005

Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.