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Jurisprudence Commons

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Articles 1 - 14 of 14

Full-Text Articles in Jurisprudence

Sovereign Imaginaries: Visualizing The Sacred Foundation Of Law’S Authority, Richard K. Sherwin Aug 2022

Sovereign Imaginaries: Visualizing The Sacred Foundation Of Law’S Authority, Richard K. Sherwin

Articles & Chapters

If a world is to be lived in, it must be founded. This foundational function belongs to the sovereign imagination. What a polity names as sovereign in the state of exception, when the sacred irrupts anew, is a matter of individual and collective responsibility. In this dispensation, law, politics, and religion become inescapably entangled in metaphysics. It behooves us to understand the nature and consequences of this state of affairs.


Lionfish As A Metaphor For Governance In An Era Of Climate Change, Rebecca M. Bratspies Jan 2014

Lionfish As A Metaphor For Governance In An Era Of Climate Change, Rebecca M. Bratspies

NYLS Law Review

No abstract provided.


Reflections On The New Haven School, Molly Land Jan 2014

Reflections On The New Haven School, Molly Land

NYLS Law Review

No abstract provided.


The Conceptual And Jurisprudential Aspects Of Property In The Context Of The Fundamental Rights Of Indigenous People: The Case Of The Shuar Of Ecuador, Winston P. Nagan, Craig Hammer Jan 2014

The Conceptual And Jurisprudential Aspects Of Property In The Context Of The Fundamental Rights Of Indigenous People: The Case Of The Shuar Of Ecuador, Winston P. Nagan, Craig Hammer

NYLS Law Review

No abstract provided.


Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng Jan 2014

Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng

NYLS Law Review

No abstract provided.


Expanding The “Geography” Of Policy Options To Reduce Greenhouse Gas Emissions: A Commentary On Hari Osofsky’S The Geography Of Solving Global Environmental Problems, William Ascher Jan 2014

Expanding The “Geography” Of Policy Options To Reduce Greenhouse Gas Emissions: A Commentary On Hari Osofsky’S The Geography Of Solving Global Environmental Problems, William Ascher

NYLS Law Review

No abstract provided.


Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin Jan 2014

Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin

Articles & Chapters

“Empathy” has negative connotations for many legal theorists, who may conceive of it as subjective, lacking in intellectual rigor, and emphasizing sensitivity over reason. Even those legal scholars who have embraced the importance of empathy in legal work have emphasized its affective dimensions: pointing out that empathy is central to human relations and motivations, and is therefore a crucial lawyering skill. This paper builds on social science literature that identifies both cognitive and affective dimensions to empathy, and recasts empathy as in part a central component to higher-order thinking in law. It draws examples from empathetic reasoning in foundational cases …


Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz Jan 2011

Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz

Articles & Chapters

No abstract provided.


An Improved Analytical Framework For The Official Acknowledgment Doctrine: A Broader Interpretation Of “Through An Official And Documented Disclosure”, Jessica Fisher Jan 2009

An Improved Analytical Framework For The Official Acknowledgment Doctrine: A Broader Interpretation Of “Through An Official And Documented Disclosure”, Jessica Fisher

NYLS Law Review

No abstract provided.


Hercules, Omniscience, Omnipotence, And The Right Answer Thesis, Michael B. W. Sinclair Jan 2003

Hercules, Omniscience, Omnipotence, And The Right Answer Thesis, Michael B. W. Sinclair

NYLS Law Review

No abstract provided.


The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin Jan 1994

The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin

Articles & Chapters

No abstract provided.


Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr. Jan 1994

Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Psychodynamics And The Insanity Defense: Ordinary Common Sense And Heuristic Reasoning, Michael L. Perlin Jan 1990

Psychodynamics And The Insanity Defense: Ordinary Common Sense And Heuristic Reasoning, Michael L. Perlin

Articles & Chapters

No abstract provided.


American Jurisprudence Between The Wars: Legal Realism And The Crisis Of Democratic Theory, Edward A. Purcell Jr. Jan 1969

American Jurisprudence Between The Wars: Legal Realism And The Crisis Of Democratic Theory, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.