Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (3)
- Constitutional Law (3)
- Philosophy (3)
- Public Law and Legal Theory (3)
- Social and Behavioral Sciences (3)
-
- Courts (2)
- Law and Society (2)
- Sociology (2)
- Administrative Law (1)
- American Politics (1)
- Communication (1)
- Communications Law (1)
- Computer Law (1)
- Ethics and Political Philosophy (1)
- European Languages and Societies (1)
- Feminist, Gender, and Sexuality Studies (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Gender and Sexuality (1)
- History (1)
- Intellectual History (1)
- Intellectual Property Law (1)
- International Law (1)
- International and Intercultural Communication (1)
- Internet Law (1)
- Journalism Studies (1)
- Judges (1)
- Law and Gender (1)
- Institution
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Jurisprudence
Functions Of The Rule Of Law, Brian Z. Tamanaha
Functions Of The Rule Of Law, Brian Z. Tamanaha
Scholarship@WashULaw
This concise essay examines multiple manifest and latent functions of the rule of law. The rule of law is characterized as a society in which government officials and the populace are generally bound by and abide law. The functions covered include: personal and collective security and trust; integration of society; legal restrictions on officials; liberty and guiding conduct; economic development; a pivotal place for legal professionals; entrenching power structures; normative commitment and critical standard; and rhetoric. The discussion raises core issues about each function.
The Roberts Court And Penumbral Federalism, Edward Cantu
The Roberts Court And Penumbral Federalism, Edward Cantu
Catholic University Law Review
For several decades the Court has invoked “state dignity” to animate federalism reasoning in isolated doctrinal contexts. Recent Roberts Court decisions suggest that a focus on state dignity, prestige, status, and similar ethereal concepts—which derive from a “penumbral” reading of the Tenth Amendment—represent the budding of a different doctrinal approach to federalism generally. This article terms this new approach “penumbral federalism,” an approach less concerned with delineating state from federal regulatory turf, and more concerned with maintaining the states as viable competitors for the respect and loyalty of the citizenry.
After fleshing out what “penumbral federalism” is and its …
Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh
Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh
All Faculty Scholarship
Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen
Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen
All Faculty Scholarship
No abstract provided.