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Articles 181 - 210 of 484
Full-Text Articles in Jurisprudence
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Pepperdine Law Review
What do Kobe Bryant, Aristotle, and the continuing U.S. response to the terrorist attacks on September 11, 2001, have in common? President Barack Obama told the New Yorker in early 2014, in response to a question regarding the seeming resurgence of al Qaeda in Syria and Iraq, that “[t]he analogy we use around here sometimes, and I think is accurate, is if a jayvee team puts on Lakers uniforms that doesn’t make them Kobe Bryant.” As this example demonstrates, the Obama Administration and others, in reference to the legality of the use of armed force against al Qaeda and similar …
Franz Kafka’S “Before The Law”: A Parable, Geoffrey L. Brackett
Franz Kafka’S “Before The Law”: A Parable, Geoffrey L. Brackett
Pace Law Review
Despite Francis Bacon’s cautionary note, I have always been a fan of parables, and perhaps the most poignant one to speak for perils of the legal profession is Franz Kafka’s “Vor dem Gesetz” (“Before the Law”), one of the relatively few works to be published in his lifetime. It was seen first in the almanac Vom Jüngsten Tag: Ein Almanach Neuer Dichtung in December 1915 before it was included in his novel Der Prozess (The Trial), which was unpublished in his lifetime. He wrote it at one sitting on December 13, 1914, and in fewer than 650 words, Kafka illustrates …
Justice Kennedy's Decision In Obergefell: A Sad Day For The Judiciary, Adam Lamparello
Justice Kennedy's Decision In Obergefell: A Sad Day For The Judiciary, Adam Lamparello
Adam Lamparello
Same-sex couples have a constitutional right to marriage under the Equal Protection Clause, not under Justice Kennedy’s self-serving and ever-changing definition of liberty. The long-term impact of Kennedy’s decision will be to the Court’s institutional legitimacy. Chief Justice Roberts emphasized that the legitimacy of this Court ultimately rests “upon the respect accorded to its judgments,” which is based on the perception—and reality—that we exercise humility and restraint in deciding cases according to the Constitution and law.” Justice Kennedy’s decision eschewed these values, giving the Court the power to discover “new dimensions of freedom,” and to ensure that all citizens, through …
A Look At Civil Gideon: Is There A Constitutional Right To Counsel In Certain Civil Cases?, Jess H. Dickinson
A Look At Civil Gideon: Is There A Constitutional Right To Counsel In Certain Civil Cases?, Jess H. Dickinson
University of Arkansas at Little Rock Law Review
No abstract provided.
Scott V. Harris And The Future Of Summary Judgment, Tobias Barrington Wolff
Scott V. Harris And The Future Of Summary Judgment, Tobias Barrington Wolff
All Faculty Scholarship
The Supreme Court’s decision in Scott v. Harris has quickly become a staple in many Civil Procedure courses, and small wonder. The cinematic high-speed car chase complete with dash-cam video and the Court’s controversial treatment of that video evidence seem tailor-made for classroom discussion. As is often true with instant classics, however, splashy first impressions can mask a more complex state of affairs. At the heart of Scott v. Harris lies the potential for a radical doctrinal reformation: a shift in the core summary judgment standard undertaken to justify a massive expansion of interlocutory appellate jurisdiction in qualified immunity cases. …
When Do The Ends Justify The Means?: The Role Of The Necessary And Proper Clause In The Commerce Clause Analysis, David Loudon
When Do The Ends Justify The Means?: The Role Of The Necessary And Proper Clause In The Commerce Clause Analysis, David Loudon
University of Massachusetts Law Review
This Article discusses the interplay between the Necessary and Proper Clause and the Commerce Clause, particularly in light of the landmark decision of National Federation of Independent Business v. Sebelius. First, this Article reviews the historical interaction between the two clauses, discussing the instances in which the two may have been considered together, and introducing the Supreme Court jurisprudence of each clause, setting the legal landscape for the NFIB v. Sebelius decision. Next, this Article details the three opinions from the NFIB v. Sebelius decision, Chief Justice Roberts’ holding, the joint concurrence, and Justice Ginsberg’s dissent, specifically as they …
The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth
Akron Law Review
This article examines these issues in the context of an important and emerging constitutional challenge to the death penalty: whether the death penalty can be imposed on capital defendants who suffer from severe mental illness at the time of the commission of their crimes. The American Bar Association, the American Psychiatric Association, the American Psychological Association, and the National Alliance for the Mentally Ill all endorse a death penalty exemption for the severely mentally ill. Recent law review articles suggest that such an exemption may even be compelled by the Supreme Court’s decisions in Roper v. Simmons and Atkins v. …
Finding Nino: Justice Scalia's Confrontation Clause Legacy From Its (Glorious) Beginning To (Bitter) End, Joëlle Anne Moreno Professor
Finding Nino: Justice Scalia's Confrontation Clause Legacy From Its (Glorious) Beginning To (Bitter) End, Joëlle Anne Moreno Professor
Akron Law Review
Until very recently, Justice Scalia has steered the Court’s modern confrontation jurisprudence. However, as discussed below, his leadership is increasingly threatened by deep divisions on questions of historical accuracy, constitutional interpretation, and the practical realities of twenty-first century criminal prosecutions.
Reassessing The Avoidance Canon In Erie Cases, Bernadette Bollas Genetin
Reassessing The Avoidance Canon In Erie Cases, Bernadette Bollas Genetin
Akron Law Review
This Article chronicles the Supreme Court’s inconsistent use of an avoidance canon in cases construing the substantive rights limitation of the Rules Enabling Act (Enabling Act or REA). It focuses primarily on the avoidance canon as used in cases under the REA branch of the Erie doctrine but also discusses avoidance in other REA contexts. The Article concludes that a reassessment and refocusing of the avoidance canon in Enabling Act jurisprudence is necessary... This Article explores the purposes and methodology that should guide avoidance in REA cases... I focus, in this Article, primarily on a subset of this group of …
The New Ex Parte Communications Rule In Illinois: A Step Forward?, Ann Lousin
The New Ex Parte Communications Rule In Illinois: A Step Forward?, Ann Lousin
Ann M. Lousin
No abstract provided.
The Pluralistic Foundations Of The Religion Clauses, Steven Shiffrin
The Pluralistic Foundations Of The Religion Clauses, Steven Shiffrin
Steven H. Shiffrin
Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …
The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012), Steven D. Schwinn
The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012), Steven D. Schwinn
Steven D. Schwinn
Federalism challenges to the Affordable Care Act ("ACA") are inspired by the relatively recent resurgence in federalism concerns in the Supreme Court's jurisprudence. Thus, ACA opponents seek to leverage the Court-created distinction between encouragement and compulsion (in opposition to Medicaid expansion), and the Court-created federalism concern when Congress regulates in a way that could destroy the distinction between what is national and what is local (in opposition to universal coverage). But outside the jurisprudence, the text and history of constitutional federalism tell another story. The text and history suggest that the Constitution created a powerful federal government, of the people …
Foreword: The Impact Of Citizens United, 44 J. Marshall L. Rev. Xxiii (2011), Steven D. Schwinn
Foreword: The Impact Of Citizens United, 44 J. Marshall L. Rev. Xxiii (2011), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Cognitive Dissonance Revisited: Roper V. Simmons And The Issue Of Adolescent Decision-Making Competence, 52 Wayne L. Rev. 1 (2006), Donald L. Beschle
Cognitive Dissonance Revisited: Roper V. Simmons And The Issue Of Adolescent Decision-Making Competence, 52 Wayne L. Rev. 1 (2006), Donald L. Beschle
Donald L. Beschle
No abstract provided.
Immune Disorder: Uncertainty Regarding The Application Of "Stand Your Ground" Laws, Benjamin M. Boylston
Immune Disorder: Uncertainty Regarding The Application Of "Stand Your Ground" Laws, Benjamin M. Boylston
Barry Law Review
No abstract provided.
Sorting Out The Shootout: Florida Courts Untangle The "Stand Your Ground Law", Lawrence J. Semento
Sorting Out The Shootout: Florida Courts Untangle The "Stand Your Ground Law", Lawrence J. Semento
Barry Law Review
No abstract provided.
Another Bizarre Twist In Florida's Stand Your Ground Law, Rachel A. Mattie
Another Bizarre Twist In Florida's Stand Your Ground Law, Rachel A. Mattie
Barry Law Review
No abstract provided.
Unlawful/Criminal Activity: The Ill-Defined And Inadequate Provision For A "Stand Your Ground" Defense, R. Christopher Campbell
Unlawful/Criminal Activity: The Ill-Defined And Inadequate Provision For A "Stand Your Ground" Defense, R. Christopher Campbell
Barry Law Review
No abstract provided.
Know The Ground You're Standing On: Analyzing Stand Your Ground And Self-Defense In Florida's Legal System, Jessica Travis, Jeffrey James
Know The Ground You're Standing On: Analyzing Stand Your Ground And Self-Defense In Florida's Legal System, Jessica Travis, Jeffrey James
Barry Law Review
No abstract provided.
Laizure V. Avante At Leesburg: A Wrong Turn On The Road To Vindicating Nursing Home Residents' Rights, Joseph S. Miller
Laizure V. Avante At Leesburg: A Wrong Turn On The Road To Vindicating Nursing Home Residents' Rights, Joseph S. Miller
Barry Law Review
No abstract provided.
A Bright Idea: Reconstructing Florida's Classrooms By "Destigmatizing" Special Education, Diva Geltzer
A Bright Idea: Reconstructing Florida's Classrooms By "Destigmatizing" Special Education, Diva Geltzer
Barry Law Review
No abstract provided.
Schools Of Jurisprudence, Robert Rodes
Schools Of Jurisprudence, Robert Rodes
Robert Rodes
Professor Rodes defines Jurisprudence as ''the legal profession's account of what it is about.'' Since they lawyers, judges, and legislators doing their work are all looking at the same phenomenon, writers on Jurisprudence must all draw from the same limited body of material in constructing their theories. In this book, Rodes examines these materials and then classifies the various schools of Jurisprudence according to which of the materials they use and how they use them. In describing the available materials, Rodes looks first at what he calls the ''internal account'': legal work considered in itself, the definition and scope of …
Unfair And Deceptive Robots, Woodrow Hartzog
Unfair And Deceptive Robots, Woodrow Hartzog
Maryland Law Review
No abstract provided.
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
Samuel R. Olken
No abstract provided.
Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken
Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken
Samuel R. Olken
No abstract provided.
Juxtaposition And Intent: Analyzing Legal Interpretation Through The Lens Of Literary Criticism, Joel Graczyk
Juxtaposition And Intent: Analyzing Legal Interpretation Through The Lens Of Literary Criticism, Joel Graczyk
Marquette Law Review
Disagreement exists within both the literary and legal communities about authorial intent’s proper role in interpretation. In an effort to balance textualism’s strict limits with intentionalism’s risk of constructed meaning, this Comment approaches the debate from a literary perspective focused on the text but open to limited evidence of the author’s intended meaning. Some literary critics suggest that evidence of an author’s understanding of and associations with particular words can provide a useful tool for objective interpretation. A judge drawing on such evidence could analyze statutory text by juxtaposing a statute’s language with limited evidence of the enacting legislature’s understanding …
Of Links And Legal Merits: Good Faith In The Statutory Derivative Action In Singapore, Pearlie M. C. Koh
Of Links And Legal Merits: Good Faith In The Statutory Derivative Action In Singapore, Pearlie M. C. Koh
Research Collection Yong Pung How School Of Law
An applicant for leave to bring a statutory derivative action in Singapore is required to satisfy the court as to, inter alia, his good faith. Although the statutory language places the burden of doing so on the applicant, Singapore courts have tended to assume the presence of good faith if the claim is a legitimate one. This approach, which denigrates the requirement of good faith, was recently disapproved by the Singapore Court of Appeal. This notwithstanding, subsequent cases have reverted to the earlier position, casting doubt on the utility of the requirement. This paper considers good faith, and argues that …
Dividing Crime, Multiplying Punishments, John F. Stinneford
Dividing Crime, Multiplying Punishments, John F. Stinneford
UF Law Faculty Publications
When the government wants to impose exceptionally harsh punishment on a criminal defendant, one of the ways it accomplishes this goal is to divide the defendant’s single course of conduct into multiple offenses that give rise to multiple punishments. The Supreme Court has rendered the Double Jeopardy Clause, the Cruel and Unusual Punishments Clause, and the rule of lenity incapable of handling this problem by emptying them of substantive content and transforming them into mere instruments for effectuation of legislative will.
This Article demonstrates that all three doctrines originally reflected a substantive legal preference for life and liberty, and a …
Sovereignty And Subversion, Alice Ristroph