Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (30)
- Supreme Court of the United States (29)
- Constitutional Law (24)
- Courts (22)
- Judges (22)
-
- Criminal Law (16)
- Legal History (16)
- Law and Gender (14)
- Civil Rights and Discrimination (12)
- Law and Politics (12)
- Other Law (12)
- Criminal Procedure (11)
- Legal Profession (11)
- Legal Remedies (11)
- Legislation (11)
- Civil Law (10)
- Commercial Law (10)
- Immigration Law (10)
- Legal Writing and Research (10)
- President/Executive Department (10)
- State and Local Government Law (10)
- Administrative Law (9)
- Human Rights Law (9)
- Public Law and Legal Theory (9)
- Civil Procedure (8)
- International Law (7)
- Jurisdiction (7)
- Law Enforcement and Corrections (7)
- Institution
-
- Notre Dame Law School (17)
- University of Maine School of Law (15)
- Barry University School of Law (13)
- University of Michigan Law School (11)
- Penn State Dickinson Law (8)
-
- Brooklyn Law School (6)
- St. Mary's University (6)
- Texas A&M University School of Law (5)
- Georgia State University College of Law (4)
- Golden Gate University School of Law (3)
- Loyola Marymount University and Loyola Law School (3)
- American University Washington College of Law (2)
- Cornell University Law School (2)
- Northwestern Pritzker School of Law (2)
- Pepperdine University (2)
- The University of Notre Dame Australia (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Oklahoma College of Law (2)
- University of San Diego (2)
- Cleveland State University (1)
- Concordia University St. Paul (1)
- Fordham Law School (1)
- Marquette University Law School (1)
- Pace University (1)
- San Jose State University (1)
- Seattle University School of Law (1)
- St. John's University School of Law (1)
- The University of Akron (1)
- UIdaho Law (1)
- Keyword
-
- Uniform Commercial Code (8)
- Article 2 (7)
- CISG (7)
- Sales (7)
- UCC (7)
-
- United States Supreme Court (7)
- Board of veterans appeals (4)
- Bva (4)
- Cavc (4)
- Commercial Practices (4)
- Court of appeals for veterans claims (4)
- Criminal Law (4)
- Jurisprudence (4)
- Lecture (4)
- Military law (4)
- Symposium (4)
- Textualism (4)
- Twenty-First Century (4)
- Va (4)
- Veterans (4)
- Veterans affair (4)
- Veterans affairs (4)
- Due process (3)
- Immigration (3)
- Immigration Law (3)
- Law Review (3)
- Precedent (3)
- Sanctuary cities (3)
- Sanctuary city (3)
- Sentencing (3)
- Publication
-
- Maine Law Review (15)
- Notre Dame Law Review Reflection (11)
- Barry Law Review (9)
- Michigan Law Review (9)
- Dickinson Law Review (2017-Present) (8)
-
- Notre Dame Law Review (5)
- Texas A&M Law Review (5)
- Brooklyn Law Review (4)
- Environmental and Earth Law Journal (EELJ) (4)
- Georgia State University Law Review (4)
- Golden Gate University Law Review (3)
- Loyola of Los Angeles Law Review (3)
- St. Mary's Law Journal (3)
- The Scholar: St. Mary's Law Review on Race and Social Justice (3)
- Brooklyn Journal of Corporate, Financial & Commercial Law (2)
- Cornell Law Review (2)
- Journal of the National Association of Administrative Law Judiciary (2)
- Oklahoma Law Review (2)
- San Diego International Law Journal (2)
- The Journal of Appellate Practice and Process (2)
- The University of Notre Dame Australia Law Review (2)
- Touro Law Review (2)
- Akron Law Review (1)
- American Indian Law Journal (1)
- American University Business Law Review (1)
- American University Law Review (1)
- Cleveland State Law Review (1)
- Concordia Law Review (1)
- Fordham Law Review (1)
- Idaho Law Review (1)
Articles 1 - 30 of 123
Full-Text Articles in Jurisprudence
Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers
American Indian Law Journal
No abstract provided.
Enforceability: Foreign Arbitral Awards In Chinese Courts, Mo Zhang
Enforceability: Foreign Arbitral Awards In Chinese Courts, Mo Zhang
San Diego International Law Journal
Enforcement of foreign arbitral awards in China has always been a widespread concern. There is not only a fear of deficiency in the Chinese legal system, but also a disconnection between foreign perception and Chinese reality. Since the nation joined the New York Convention in the 1980’s, China has made efforts to fulfill its treaty obligations. Foreign parties, however, remain skeptical about whether foreign arbitral awards will be fairly enforced in the country.
In 2015, the Supreme People’s Court of China (SPC) issued a judicial interpretation that contains provisions explicitly addressing several confusing and controversial matters on foreign arbitration. In …
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Journal of Legislation
No abstract provided.
Finality, Appealability, And The Scope Of Interlocutory Review, Bryan Lammon
Finality, Appealability, And The Scope Of Interlocutory Review, Bryan Lammon
Washington Law Review
Most of the law of federal appellate jurisdiction comes from judicial interpretations of 28 U.S.C. § 1291. That statute gives the courts of appeals jurisdiction over only “final decisions” of the district courts. The federal courts have used this grant of jurisdiction to create most of the rules governing appellate jurisdiction. But those efforts have required giving many different meanings to the term “final decision.” And those many different meanings are to blame for much of the confusion, complexity, unpredictability, and inflexibility that plague this area of law. The literature has accordingly advocated reform that would base most of the …
If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights, Lisa Santaniello
If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights, Lisa Santaniello
Northwestern Journal of Law & Social Policy
No abstract provided.
Murphy V. Ncaa: The Supreme Court's Latest Advance In Chemerinsky's "Federalism Revolution", Jonathan O. Ballard Jr.
Murphy V. Ncaa: The Supreme Court's Latest Advance In Chemerinsky's "Federalism Revolution", Jonathan O. Ballard Jr.
Loyola of Los Angeles Law Review
No abstract provided.
Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle
Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle
Loyola of Los Angeles Law Review
No abstract provided.
Precedent In A Polarized Era, Zachary S. Price
Precedent In A Polarized Era, Zachary S. Price
Notre Dame Law Review
My Review begins below in Part I with a brief synopsis of Professor Kozel’s argument. Part II then discusses his theory’s particular value, and challenges, in our historical moment of acute polarization and political conflict over constitutional law. To make Part II’s claims more concrete, Part III then turns to Janus and Wayfair. It uses the two cases to illustrate pressures courts may face in the years ahead and assesses how well these decisions accord with Kozel’s theory. The Review ends with a conclusion reflecting more broadly on the importance of stare decisis and other institutional restraints in the current …
A Dollar For Your Thoughts: Determining Whether Nominal Damages Prevent An Otherwise Moot Case From Being An Advisory Opinion, Maura B. Grealish
A Dollar For Your Thoughts: Determining Whether Nominal Damages Prevent An Otherwise Moot Case From Being An Advisory Opinion, Maura B. Grealish
Fordham Law Review
This Note examines whether nominal damages should sustain an otherwise moot constitutional claim. A majority of circuit courts have held that a lone claim for nominal damages is sufficient. A minority of circuit courts have determined that nominal damages are insufficient because there is no practical effect in determining such a case. The courts in the minority analogize nominal damages to declaratory judgments and justify their rulings on the basis of judicial economy. This Note proposes that the minority rule is impermissible under current precedent from the U.S. Supreme Court. However, this Note also proposes that the majority rule be …
Contemporary Sunday Hunting Laws: Unnecessary Economic Roadblocks, Ripe For Repeal, Seamus Ovitt
Contemporary Sunday Hunting Laws: Unnecessary Economic Roadblocks, Ripe For Repeal, Seamus Ovitt
William & Mary Environmental Law and Policy Review
In America, Sunday closing laws, laws restricting what activities individuals could engage in, date back to the early colonial period; those early laws, like much of North American jurisprudence, trace their roots to the laws that existed in England at the time. Historically, however, laws restricting the behavior of individuals, specifically on Sundays, date back thousands of years; initially, their language was tied directly to that of the Old Testament. As God declared:
[s]ix days shalt thou labour, and do all thy work: But the seventh day [is] the Sabbath of the Lord thy God: [in it] thou shalt not …
Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt
Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt
Washington and Lee Law Review Online
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence defining the scope of Congress’ power to enforce the Fourteenth Amendment. Under the standard established in Boerne v. Flores, the Court limits congressional power under Section 5 of the Fourteenth Amendment to statutory remedies premised on judicially defined interpretations of Fourteenth Amendment rights. A commitment to originalism as a method of judicial constitutional interpretation challenges the premise of judicial interpretive supremacy in Section 5 jurisprudence in two ways. First, as a matter of history, an originalist reading of Section 5 provides support for broad judicial …
Pothole Laws, Appellate Courts, And Judicial Drift, Kenneth L. Gartner
Pothole Laws, Appellate Courts, And Judicial Drift, Kenneth L. Gartner
The Journal of Appellate Practice and Process
This article begins by describing the structure of the appellate system in New York state, introducing the features of the typical New York pothole law, and summarizing the New York cases that set the substantive and procedural background for a discussion and analysis of judicial drift.
The Right To Appeal In Comparative Perspective, Dražan Djukić
The Right To Appeal In Comparative Perspective, Dražan Djukić
The Journal of Appellate Practice and Process
Appellate procedures regarding the most serious crimes under domestic law are, in general, conducted differently in common law and civil law systems. This article reviews the differences concerning the primary facets of such proceedings, namely prosecutorial rights of appeal, access to appellate review, the scope of appellate review, the admission of additional evidence, appellate decisionmaking powers, and the functions of appellate review. It then explains that these differences result from dissimilar decisionmaking processes, degrees of adherence to the search for the truth, and sources of law.
Feminist Judgments And Women's Rights At Work, Gillian Thomas
Feminist Judgments And Women's Rights At Work, Gillian Thomas
Notre Dame Law Review Reflection
The history of the law’s treatment of working women is largely a history of the law’s treatment of women’s bodies. Overwhelmingly created by male judges, that jurisprudence considers women from a remove—their physicality, their reproductive capacity, their stature, their sexuality—eclipsing meaningful consideration of their lived experience, on or off the job. As vividly illustrated by so many of the alternative rulings contained in Feminist Judgments, that erasure resulted in Supreme Court decisions that—even when they came out the “right” way, that is, in favor of the female litigant—squandered opportunities for advancing sex equality.
The tantalizing notion of “what might …
Revisiting Roe To Advance Reproductive Justice For Childbearing Women, Elizabeth Kukura
Revisiting Roe To Advance Reproductive Justice For Childbearing Women, Elizabeth Kukura
Notre Dame Law Review Reflection
The rewritten opinions that comprise Feminist Judgments together provide a powerful critique of judicial decisionmaking that renders certain women’s experiences invisible. By reimagining key Supreme Court decisions, the opinion writers unmask various ways that gendered conceptions of social roles are deeply entrenched in the rulings and reasoning of the highest court of the United States. The authors also show, through their alternative texts, that opinions which are celebrated as women’s rights victories can nevertheless impede progress toward equality and liberty.
Kimberly Mutcherson’s rewritten concurrence in Roe v. Wade illustrates the missed opportunities and unintended consequences that have made the landmark …
Looking To The Litigant: Reaction Essay To Feminist Judgments: Rewritten Opinions Of The United States Supreme Court, Claire B. Wofford
Looking To The Litigant: Reaction Essay To Feminist Judgments: Rewritten Opinions Of The United States Supreme Court, Claire B. Wofford
Notre Dame Law Review Reflection
Feminist Judgments’s focus on jurists alone is not unusual. My own discipline has devoted a great deal of study to understanding why and how the justices of the U.S. Supreme Court make the decisions they do. Some of the scholarship has even examined whether women judges might operate differently than their male counterparts, though the findings have been mixed at best. The emphasis, moreover, is understandable and laudable, as it is jurists who have the final say on the content of law.
Emphasizing judicial behavior, however, unfortunately overlooks the fundamental passivity of the courts. As much as they might …
Extending The Critical Rereading Project, Gabrielle Appleby, Rosalind Dixon
Extending The Critical Rereading Project, Gabrielle Appleby, Rosalind Dixon
Notre Dame Law Review Reflection
In this reflection, we want to explain a project in Australia that extends the feminist judgments project and adapts it specifically for the purpose of teaching critical theory, critical legal thinking, and the assumptions inherent in the legal method.
Feminist Judgments And The Future Of Reproductive Justice, Sarah Weddington
Feminist Judgments And The Future Of Reproductive Justice, Sarah Weddington
Notre Dame Law Review Reflection
Roe v. Wade is one of the twenty-five Supreme Court cases that has been rewritten from a feminist perspective by an imaginative group of law professors and lawyers. This Essay is based on remarks made by Ms. Weddington at a panel discussion held at Temple University Beasley School of Law on November 13, 2017.
The Love In Loving: Overcoming Artificial Racial Barriers, Justice Leah Ward Sears (Ret.), Sasha N. Greenberg
The Love In Loving: Overcoming Artificial Racial Barriers, Justice Leah Ward Sears (Ret.), Sasha N. Greenberg
Notre Dame Law Review Reflection
The rewritten opinion of Loving v. Virginia in Feminist Judgments: Rewritten Opinions of the United States Supreme Court is in stark contrast to the original. Professor Teri McMurtry-Chubb’s judgment for the court “unmasks—and renders unavoidable— the link between America’s history of White supremacy and patriarchy and America’s legal structures for regulating marriage and families.” The feminist opinion relies almost entirely on legal, social, and cultural history, in particular the history of marriage and family relationships among and between Blacks and Whites during the colonial, antebellum, and postbellum eras in the American South.
For the authors of this response Essay, both …
How Is Sex Harassment Discriminatory?, Noa Ben-Asher
How Is Sex Harassment Discriminatory?, Noa Ben-Asher
Notre Dame Law Review Reflection
Feminist Judgments takes us to a key moment in the history of sexual harassment law. In Meritor Savings Bank v. Vinson, the Supreme Court recognized for the first time that both quid pro quo and hostile environment sexual harassment violate Title VII of the Civil Rights Act of 1964. It also held that to be actionable under Title VII, sexual advances must be (1) “unwelcome” and (2) “sufficiently severe or pervasive ‘to alter the conditions of [the victim’s] employment and create an abusive working environment.’” The latter part of the test (“sufficiently severe or pervasive”) fits well into the …
Rewriting Judicial Opinions And The Feminist Scholarly Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
Rewriting Judicial Opinions And The Feminist Scholarly Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
Notre Dame Law Review Reflection
In 1995, the authors of a law review article examining “feminist judging” focused on the existing social science data concerning women judges and compared the voting records and opinions of the only female Justices on the U.S. Supreme Court: Ruth Bader Ginsburg and Sandra Day O’Connor. Based on this review, the authors concluded that appointing more women as judges would make little difference to judicial outcomes or processes. The authors accused those who advocated for more women on the bench of having a hidden feminist agenda and bluntly concluded that “[b]y any measure, feminist judges fit very uneasily in most …
Feminist Judgments & #Metoo, Margaret E. Johnson
Feminist Judgments & #Metoo, Margaret E. Johnson
Notre Dame Law Review Reflection
The Feminist Judgments book series and the #MeToo movement share the feminist method of narrative. Feminist Judgments is a scholarly project of rewriting judicial opinions using feminist legal theory. #MeToo is a narrative movement by people, primarily women, telling their stories of sexual harassment or assault. Both Feminist Judgments and #MeToo bring to the surface stories that have been silenced, untold, or overlooked. These narrative collections can and do effectuate genderjustice change by empowering people, changing perspectives, opening up new learning, and affecting future legal and nonlegal outcomes.
Recalibrating Cy Pres Settlements To Restore The Equilibrium, Michael J. Slobom
Recalibrating Cy Pres Settlements To Restore The Equilibrium, Michael J. Slobom
Dickinson Law Review (2017-Present)
Class action settlement funds become “non-distributable” when class members fail to claim their share of the settlement or the cost of distribution exceeds the value of individual claims. Before 1974, parties had two options for disposing of non-distributable funds: escheatment to the state or reversion to the defendant. Both options undermine unique objectives of the class action—namely, compensating small individual harms and deterring misconduct.
To balance the undermining effects of escheatment and reversion, courts incorporated the charitable trust doctrine of cy pres into the class action settlements context. Cy pres distributions direct non-distributable settlement funds to charities whose work aligns …
The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky
The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky
Dickinson Law Review (2017-Present)
The Federal Arbitration Act (FAA) enables parties to obtain quick and final resolution to disputes without incurring the costs, delays, and occasional publicity of litigation. Indeed, section 10 of the FAA enumerates four specific grounds on which courts may vacate arbitral awards: corruption, fraud, impartiality, and misconduct or incompetence. Yet over the past 60 years, a debate has raged over the existence of an additional ground: the arbitrator’s manifest disregard of the law.
The Supreme Court first enounced this standard in dicta in its 1953 decision in Wilko v. Swan. Over next four decades, every federal circuit court slowly …
Whiteness At Work, Lihi Yona
Whiteness At Work, Lihi Yona
Michigan Journal of Race and Law
How do courts understand Whiteness in Title VII litigation? This Article argues that one fruitful site for such examination is same-race discrimination cases between Whites. Such cases offer a peek into what enables regimes of Whiteness and White supremacy in the workplace, and the way in which Whiteness is theorized within Title VII adjudication. Intra-White discrimination cases may range from associational discrimination cases to cases involving discrimination against poor rural Whites, often referred to as “White trash.” While intragroup discrimination is acknowledged in sex-discrimination cases and race-discrimination cases within racial minority groups, same-race discrimination between Whites is currently an under-theorized …
Feminist Judgments And The Rewritten Price Waterhouse, Sandra Sperino
Feminist Judgments And The Rewritten Price Waterhouse, Sandra Sperino
Notre Dame Law Review Reflection
In Feminist Judgments, Professor Martha Chamallas reimagines the canonical case of Price Waterhouse v. Hopkins. In that case, the Supreme Court recognized that a plaintiff can prevail on a Title VII claim by showing that a protected trait was a motivating factor in a negative employment outcome. In that case, the Court noted that plaintiffs in discrimination cases should not be required to prove but-for cause to prevail.
The introduction to the Professor Chamallas concurrence correctly notes many of the rewritten opinion’s strengths. Professor Chamallas provides richer detail about the facts underlying the case and the context in …
Tort Reform With Chinese Characteristics: Towards A Harmonious Society In The People's Republic Of China, Andrew J. Green
Tort Reform With Chinese Characteristics: Towards A Harmonious Society In The People's Republic Of China, Andrew J. Green
San Diego International Law Journal
This Article presents an analysis of tort law in China specifically focusing on personal injury tort law. It provides a general background on the role of tort law in society, and then it analyzes the specific laws, regulations, and cases that form the personal injury tort regime, covering both historical and recent laws. The article then explores the forces in society and politics that seem to be behind the new legal rules. It concludes by drawing attention to several steps that may be taken as part of further reform.
Pepperdine University School Of Law Legal Summaries, Armando Lopez
Pepperdine University School Of Law Legal Summaries, Armando Lopez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Justiciability, Federalism, And The Administrative State, Zachary D. Clopton
Justiciability, Federalism, And The Administrative State, Zachary D. Clopton
Cornell Law Review
Article III provides that the judicial power of the United States extends to certain justiciable cases and controversies. So if a plaintiff bringing a federal claim lacks constitutional standing or her dispute is moot under Article III, then a federal court should dismiss. But this dismissal need not end the story. This Article suggests a simple, forward-looking reading of case-or-controversy dismissals: they should be understood as invitations to legislators to consider other pathways for adjudication. A case dismissed for lack of standing, for mootness, or for requesting an advisory opinion might be a candidate for resolution in a state court …
Garbage In, Garbage Out: Revising Strickland As Applied To Forensic Science Evidence, Mark Loudon-Brown
Garbage In, Garbage Out: Revising Strickland As Applied To Forensic Science Evidence, Mark Loudon-Brown
Georgia State University Law Review
Sophisticated scientific evidence may be an undesirable subject matter for a judge to tackle anew, and it can be even more daunting for a defense attorney to confront, particularly one faced with a crushing caseload. It can be tempting to avoid a challenge to a vulnerable forensic science discipline—be it new, novel, or simply recently called into question—when a lawyer reasonably believes that the evidence will be admitted regardless.
Worse still, it may seem reasonable to disregard any adversarial challenge to incriminatory science altogether, and to opt instead for a different defense or to encourage a guilty plea. With hundreds …