Jurisprudence Commons^™

Under-The-Table Overruling, Christopher J. Peters

All Faculty Scholarship

In this contribution to a Wayne Law Review symposium on the first three years of the Roberts Court, the author normatively assesses the Court's practice of "under-the-table overruling," or "underruling," in high-profile constitutional cases involving abortion, campaign-finance reform, and affirmative action. The Court "underrules" when it renders a decision that undercuts a recent precedent without admitting that it is doing so. The author contends that underruling either is not supported by, or is directly incompatible with, three common rationales for constitutional stare decisis: the noninstrumental rationale, the predictability rationale, and the legitimacy rationale. In particular, while the latter rationale - …

Guiding Litigation: Applying Law To Facts In Germany, James Maxeiner

All Faculty Scholarship

"Judges should apply the law, not make it." That plea appears perennially in American politics. American legal scholars belittle it as a "simple-minded demand" that is "silly and misleading. It is not; it is what the public rightly expects from law. H.L.A. Hart, reminded U.S. jurists that "conventional legal thought in all countries conceives as the standard judicial function: the impartial application of determinant existing rules in the settlement of disputes."

This essay discusses the German method of judicial applying of law to facts. called, in German, the "Relationstechnik," that is, in English, literally "relationship technique." This essay shows how …

Beauty Of Law, Thomas J. Moyer

University of Baltimore Law Review

No abstract provided.

What Have You Done For Me Lately? Lessons Learned From Judicial Campaigns, Judith Ann Lanzinger

University of Baltimore Law Review

No abstract provided.

A Collection Of Poetry, Gregory J. Hobbs Jr.

University of Baltimore Law Review

No abstract provided.

Plains Commerce Bank's Potential Collision With The Expansion Of Tribal Court Jurisdiction By Senate Bill 3320, Patience Drake Roggensack

University of Baltimore Law Review

No abstract provided.

The "Write" Way: A Judicial Clerk's Guide To Writing For The Court, Jennifer Sheppard

University of Baltimore Law Review

No abstract provided.

Foreword: Judiciary Special Issue, Glenn T. Harrell Jr.

University of Baltimore Law Review

No abstract provided.

Nfl Justice, J. Michael Eakin

University of Baltimore Law Review

No abstract provided.

So, You Think You Want To Be A Judge, Dana M. Levitz

University of Baltimore Law Review

No abstract provided.

Comments: Time For Change: Maryland's Inadequate Treatment Of Alternate Jurors And The Federal Solution, Andrea N. Silvestri

University of Baltimore Law Review

No abstract provided.

In The Spirit Of Ubuntu: Enforcing The Rights Of Orphans And Vulnerable Children Affected By Hiv/Aids In South Africa, John Bessler

All Faculty Scholarship

This Article discusses the traditional African concept of ubuntu, which is frequently cited in South African jurisprudence, and analyzes South Africa's lack of compliance with the human rights of orphans and vulnerable children whose lives have been affected by HIV/AIDS. The Constitution of the Republic of South Africa explicitly protects children's rights and various socio-economic rights of concern to children, and the Constitutional Court of South Africa has held such rights to be justiciable. The constitutional rights of South African children affected by HIV/AIDS, however, have been continually violated. This Article discusses how the existence of these constitutional rights may …

An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb

All Faculty Scholarship

No abstract provided.