Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (2)
- Law and Philosophy (2)
- Legal Ethics and Professional Responsibility (2)
- Legal History (2)
- Supreme Court of the United States (2)
-
- Arts and Humanities (1)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Courts (1)
- Disability Law (1)
- Economic Theory (1)
- Economics (1)
- Ethics and Political Philosophy (1)
- European Law (1)
- International Law (1)
- Law and Economics (1)
- Law and Gender (1)
- Law and Psychology (1)
- Law and Society (1)
- Legal Education (1)
- Legal Profession (1)
- Legal Studies (1)
- Legal Theory (1)
- Philosophy (1)
- Policy Design, Analysis, and Evaluation (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Policy (1)
- Religion Law (1)
- Institution
- Publication
- Publication Type
Articles 1 - 12 of 12
Full-Text Articles in Jurisprudence
Rereading "The Federal Courts": Revising The Domain Of Federal Courts Jurisprudence At The End Of The Twentieth Century, Judith Resnik
Rereading "The Federal Courts": Revising The Domain Of Federal Courts Jurisprudence At The End Of The Twentieth Century, Judith Resnik
Vanderbilt Law Review
A first enterprise in understanding and reframing Federal Courts jurisprudence is to locate, descriptively, "the Federal Courts." This activity-identifying the topic-may seem too obvious for comment, but I hope to show its utility. One must start with a bit of history, going back to the "beginning" of this body of jurisprudence. The relevant date is 1928, when Felix Frankfurter and James Landis, who began this conversation, published their book, The Business of the Supreme Court: A Study in the Federal Judicial System. Three years later, in 1931, Felix Frankfurter, then joined by Wilber G. Katz (and later by Harry Shulman), …
The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin
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.
Domination, Justice And The Cult Of Violence, Stephen P. Wink
Domination, Justice And The Cult Of Violence, Stephen P. Wink
Stephen P Wink
No abstract provided.
Values, Pierre Schlag
The Irish Abortion Debate: Substantive Rights And Affecting Commerce Jurisprudential Models, Anne M. Hilbert
The Irish Abortion Debate: Substantive Rights And Affecting Commerce Jurisprudential Models, Anne M. Hilbert
Vanderbilt Journal of Transnational Law
This Note examines the balance of power between the European Community and its Member States through the window of the Irish abortion debate. The framework for that debate has been shaped largely by two judicial bodies: the Irish judiciary and the European Court of Justice (ECJ), the judicial arm of the European Community. The Irish judiciary has approached the abortion question through an analysis of the content of substantive individual rights protected by the Irish Constitution. The ECJ, on the other hand, has addressed abortion from the standpoint of the European Community's goal of uninhibited commerce between Member States. These …
Straightening The "Timber": Toward A New Paradigm Of International Law, Louis R. Beres
Straightening The "Timber": Toward A New Paradigm Of International Law, Louis R. Beres
Vanderbilt Journal of Transnational Law
Immanuel Kant once remarked: " Out of timber so crooked as that from which man is made, nothing entirely straight can be built." Understood in terms of international law, this philosopher's wisdom points toward a far-reaching departure from traditional emphases on structures of global power and authority. Newly aware that structural alterations of international law are always epiphenomenal, ignoring root causes of international crimes in favor of their symptomatic expressions, we could craft from this departure a new and promising jurisprudence. Acknowledging that human transformations must lie at the heart of all world-order reform, we could build upon the knowledge …
Pilgrim Law, Robert E. Rodes
Pilgrim Law, Robert E. Rodes
Journal Articles
A people's laws are deeply imbedded in its culture. They embody its collective moral reflection, its common understanding of the terms on which human beings are to live together, its customs, its historical experience, and its aspirations for the future. It is perhaps to be expected that Americans should enshrine their constitutional documents, build courthouses like temples, deploy their laws with ruthless practicality, and not take kindly to the suggestion that their laws are less practical than they think. Or that Italians should maintain a legal system like an old palazzo, with imposing staircases you can lose you. breath climbing, …
Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr.
Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr.
Other Publications
No abstract provided.
A Heterodox Catechism, Paul Campos
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
All Faculty Scholarship
America's political institutions are built on the principle that individual preferences are central to the formation of policy. The two most important institutions in our system, democracy and the market, make individual preference decisive in the formation of policy and the allocation of resources. American legal traditions have always reflected the centrality of preference in policy determination. In private law, the importance of preference is reflected mainly in the development and persistence of common-law rules, which are intended to facilitate private transactions over legal entitlements. In constitutional law, the centrality of preference is reflected in the high position we assign …
On A New Theory Of Justice, William Ewald
On A New Theory Of Justice, William Ewald
All Faculty Scholarship
No abstract provided.
Foreword: The Jurisprudence Of Reconstruction, Angela Harris
Foreword: The Jurisprudence Of Reconstruction, Angela Harris
Angela P Harris
No abstract provided.