Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (2278)
- Constitutional Law (2218)
- State and Local Government Law (1566)
- Legal History (1560)
- Courts (1524)
-
- Judges (1242)
- Health Law and Policy (1208)
- International Law (1193)
- Legal Ethics and Professional Responsibility (1182)
- Environmental Law (1131)
- Military, War, and Peace (1121)
- Oil, Gas, and Mineral Law (1100)
- Public Law and Legal Theory (993)
- Immigration Law (989)
- Legislation (983)
- Criminal Law (963)
- Social and Behavioral Sciences (858)
- Supreme Court of the United States (830)
- Law and Politics (772)
- Civil Rights and Discrimination (742)
- Human Rights Law (739)
- Criminal Procedure (725)
- Comparative and Foreign Law (677)
- Law and Economics (671)
- Administrative Law (622)
- Law and Philosophy (587)
- Arts and Humanities (578)
- International Trade Law (574)
- Institution
-
- Selected Works (996)
- St. Mary's University (873)
- SelectedWorks (444)
- University of Michigan Law School (358)
- University of Pennsylvania Carey Law School (342)
-
- UIC School of Law (290)
- University of Nebraska - Lincoln (286)
- University of New Mexico (255)
- Touro University Jacob D. Fuchsberg Law Center (208)
- University of Colorado Law School (203)
- Maurer School of Law: Indiana University (200)
- Georgetown University Law Center (193)
- Seattle University School of Law (186)
- BLR (175)
- Barry University School of Law (166)
- Pepperdine University (161)
- Vanderbilt University Law School (153)
- American University Washington College of Law (144)
- Notre Dame Law School (132)
- University of Georgia School of Law (130)
- United Arab Emirates University (129)
- Universitas Indonesia (127)
- Villanova University Charles Widger School of Law (102)
- New York Law School (98)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (97)
- Cornell University Law School (93)
- University of Miami Law School (90)
- University of Pittsburgh School of Law (88)
- Washington and Lee University School of Law (88)
- University at Buffalo School of Law (87)
- Keyword
-
- Jurisprudence (1516)
- St. Mary’s Law Journal (395)
- St. Mary’s University School of Law (394)
- Constitutional Law (306)
- Supreme Court (259)
-
- Constitutional law (241)
- Law and Society (234)
- Judges (204)
- Constitution (202)
- Courts (193)
- United States Supreme Court (189)
- Law (169)
- Public Law and Legal Theory (156)
- Legal History (143)
- Judicial review (132)
- Legislation (129)
- First Amendment (126)
- Politics (124)
- Criminal Law and Procedure (118)
- Legal theory (117)
- Law and Economics (115)
- Justice (107)
- International Law (106)
- Religion (100)
- Criminal law (94)
- General Law (93)
- Statutory interpretation (91)
- International law (90)
- Fourteenth Amendment (89)
- Due process (88)
- Publication Year
- Publication
-
- St. Mary's Law Journal (851)
- All Faculty Scholarship (387)
- Faculty Scholarship (317)
- UIC Law Review (277)
- Court Review: The Journal of the American Judges Association (275)
-
- United States - Mexico Law Journal (1993-2005) (253)
- Michigan Law Review (232)
- Articles (225)
- Publications (196)
- Georgetown Law Faculty Publications and Other Works (187)
- Seattle University Law Review (174)
- ExpressO (170)
- Touro Law Review (169)
- Scholarly Works (134)
- UAEU Law Journal (129)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (122)
- Paulo Ferreira da Cunha (111)
- Barry Law Review (109)
- Journal Articles (109)
- Indiana Law Journal (106)
- Vanderbilt Law Review (93)
- Faculty Publications (88)
- Pepperdine Law Review (83)
- Akron Law Review (79)
- Cornell Law Faculty Publications (74)
- Washington and Lee Law Review (72)
- Articles by Maurer Faculty (70)
- Articles in Law Reviews & Other Academic Journals (59)
- Georgia Journal of International & Comparative Law (58)
- Villanova Law Review (58)
- Publication Type
Articles 6811 - 6840 of 9312
Full-Text Articles in Jurisprudence
Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith
Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith
UIC Law Review
No abstract provided.
Comments On Clinton: Reconsidering The Role Of Natural Law In John Marshall's Jurisprudence, 33 J. Marshall L. Rev. 1141 (2000), James W. Ely
UIC Law Review
No abstract provided.
Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser
Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser
UIC Law Review
No abstract provided.
Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel
Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel
UIC Law Review
No abstract provided.
John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball
John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball
UIC Law Review
No abstract provided.
The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson
The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson
UIC Law Review
No abstract provided.
Structuring Criminal Codes To Perform Their Function, Paul H. Robinson
Structuring Criminal Codes To Perform Their Function, Paul H. Robinson
All Faculty Scholarship
This paper argues that criminal codes have two distinct functions. First, a code must ex ante announce the rules of conduct. Second, it must set out the principles of for adjudicating, ex post, violations of those rules. These two functions often are in tension with one another. Each calls for a different kind of code, addressed to a different audience, with different objectives: To be effective ex ante, the rules of conduct must be formulated in a way that they will be understood, remembered, and able to be applied in daily life by lay persons with a wide range of …
The Possibility Of A Fair Paretian, Howard F. Chang
The Possibility Of A Fair Paretian, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Rape: A Survey Of Current International Jurisprudence, Christine Strumpen-Darrie
Rape: A Survey Of Current International Jurisprudence, Christine Strumpen-Darrie
Human Rights Brief
No abstract provided.
Escaping The Expression-Equality Conundrum: Toward Anti-Orthodoxy And Inclusion, Nan D. Hunter
Escaping The Expression-Equality Conundrum: Toward Anti-Orthodoxy And Inclusion, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
In this article, Professor Hunter questions the naturalness and inevitability of the dichotomy in constitutional law between freedom of expression and the right to equality. She places the origin of this doctrinal divergence in the history of American social protest movements in the first half of the twentieth century, which began with ideologically-based claims and shifted to a primary emphasis on identity-based equality claims. During the interim period between World War I and World War I, the wave of seminal First Amendment cases was ebbing and the wave of equality claims was beginning to swell. Close examination of the constitutional …
Eleventh Amendment Schizophrenia, Carlos Manuel Vázquez
Eleventh Amendment Schizophrenia, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
This article argues that conflicting analytical strains run through the Supreme Court's recent majority opinions in the area of state sovereign immunity. The "supremacy" strain stresses that, despite the Eleventh Amendment, the states remain obligated to comply with federal law, and that the Constitution envisions the "necessary judicial means" to enforce these obligations against the state. These means include suits by the federal government, private suits for injunctive relief, and suits seeking damages from state officials in their individual capacities. Thus, according to the supremacy strain, state sovereign immunity is unimportant because it merely bars unnecessary means of enforcing the …
Impeachment As Congressional Constitutional Interpretation, Neal K. Katyal
Impeachment As Congressional Constitutional Interpretation, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
Constitutionalists have assumed, too quickly in my view, that symmetry should exist between the interpretive styles of the courts and Congress. This assumption, which I shall call the myth of interpretive symmetry, slights the many reasons why an interpretive method may work well in one area and not work as well in another. Instead of mapping out all these possible divergences, I illustrate the point with three examples: the roles of history, precedent, and moral philosophy. I show how, in each instance, arguments can be made to suggest that divergent institutional roles should be taken into account in formulating a …
Restoring What’S Environmental About Environmental Law In The Supreme Court, Richard J. Lazarus
Restoring What’S Environmental About Environmental Law In The Supreme Court, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
In this Article, Professor Richard Lazarus examines the votes of the individual Justices who have decided environmental law cases before the United States Supreme Court during the past three decades. The Article reports on a number of interesting statistics regarding the identity of those Justices who have most influenced the Court's environmental law jurisprudence and the sometimes curious patterns in voting exhibited by individual Justices. Lazarus's thesis is that the Supreme Court's apparent apathy or even antipathy towards environmental law during that time results from the Justices' failure to appreciate environmental law as a distinct area of law. The Justices …
When The Rule Swallows The Exception, Claire Oakes Finkelstein
When The Rule Swallows The Exception, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon
Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon
St. Mary's Law Journal
Internet users need protection from unsolicited commercial emails (UCEs), and this protection should come from federal legislation. Despite seventeen states having passed some sort of legislation regulating UCEs, this is insufficient to protect Internet users from UCEs. State laws are not uniformed and UCEs frequently cross state lines. Internet advertisers prefer commercial emails because of the ability to market to millions of consumers at a low cost. Consumers, however, suffer delays to their Internet access because of the amount of data UCEs accumulate, and in some cases may have to pay additional fees if they exceed the data limits of …
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
St. Mary's Law Journal
In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …
Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman
Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman
Michigan Law Review
A Law of Her Own: The Reasonable Woman as a Measure of Man by Caroline A. Forell and Donna M. Matthews aspires to provide a solution for an enigmatic jurisprudential problem - the systemic failure of the legal order to recognize and to redress the injuries that women experience. Feminist scholars have agreed that, for women, the legal separation of public and private spheres often insulates from legal review behavior that harms women. But even in the so-called public sphere, women suffer harms that remain invisible and unnamed. The authors identify four legal arenas in which the "spectrum of violence …
Imagining Justice, Robin West
Imagining Justice, Robin West
Georgetown Law Faculty Publications and Other Works
As we approach the new century and the new millennium, those of us who are legal professionals in liberal capitalist democracies need to drastically improve our practices of law if we are to bring those practices in line with our professed ideals. The commodification and marketing of legal services, for example, combined with a nearly blind commitment to overly combative advocacy, puts legal assistance beyond the means of large segments of the public, severely undercutting our commitment to equality before the law. A different and perhaps harder question, however, is whether the ideals against which we judge our practices are …
Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West
Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West
Georgetown Law Faculty Publications and Other Works
Allan Hutchinson remarks at the beginning of his interesting article that Gadamer's writings have had only a peripheral influence on legal scholarship -- only occasionally cited, and then begrudgingly so, and never given the serious attention they deserve or require. Nevertheless, Hutchinson acknowledges, Gadamerian influences can be noted -- particularly in the now widely shared understanding that adjudication is, fundamentally, an interpretive exercise. Even with this qualification, though, I think Hutchinson understates Gadamer's impact. Whatever may be true of Gadamer's influence in other disciplines, his influence in law has been unambiguously both broad and deep -- although it has come …
When The Wall Has Fallen: Decades Of Failure In The Supervision Of Capital Juries, José F. Anderson
When The Wall Has Fallen: Decades Of Failure In The Supervision Of Capital Juries, José F. Anderson
All Faculty Scholarship
Since the return of capital punishment after Furman v. Georgia nearly three decades ago, the Supreme Court of the United States has struggled to control the administration of capital punishment when those decisions are made or recommended by a citizen jury. Although there is no constitutional requirement that a jury participate in the death penalty process, most states do provide, through their capital punishment statutes, that a jury will participate in the decision. The preference for jury sentencing in these circumstances reflects a reluctance to leave power over life solely in the hands of one judge. Still, some scholars have …
Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman
Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman
Journal Articles
This Article attempts a reconceptualization of developments in Commerce Clause jurisprudence between the Civil War and World War II by identifying ways in which that jurisprudence was structurally related to and accordingly deeply influenced by the categories of substantive due process and dormant Commerce Clause doctrine. Antecedent dormant Commerce Clause jurisprudence set the terms within which Commerce Clause doctrine was worked out; coordinate developments in substantive due process doctrine set limits upon the scope of Commerce Clause formulations and thus played a critical and underappreciated role in maintaining the federal equilibrium. The subsequent erosion of those due process limitations vastly …
Judicial Auditing, Matthew L. Spitzer, Eric L. Talley
Judicial Auditing, Matthew L. Spitzer, Eric L. Talley
Faculty Scholarship
This paper presents a simple framework for analyzing a hierarchical system of judicial auditing. We concentrate on (what we perceive to be) the two principal reasons that courts and/or legislatures tend to scrutinize the decisions of lower echelon actors: imprecision and ideological bias. In comparing these two reasons, we illustrate how each may yield systematically distinct auditing and reversal behaviors. While auditing for imprecision tends to bring about evenhanded review/reversal, auditing for political bias tends to be contingent on the first mover's chosen action. Examples of these tendencies can be found in a number of legal applications, including administrative law, …
Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris
Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris
Angela P Harris
No abstract provided.
Why Grundnorm? A Treatise On The Implications Of Kelsen's Doctrine, Uta Bindreiter
Why Grundnorm? A Treatise On The Implications Of Kelsen's Doctrine, Uta Bindreiter
Uta Bindreiter
Doctoral dissertation in Legal Theory, Lund University. The dissertation was published in the series Law and Philosophy Library vol. 58 (The Hague-New York: Kluwer Law International, 2002). ISBN: 90-411-1867-5
Gender Violence, Race, And Criminal Justice, Angela P. Harris
Gender Violence, Race, And Criminal Justice, Angela P. Harris
Angela P Harris
No abstract provided.
Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit
Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit
Robert L. Hayman
No abstract provided.
Controle Judicial Das Medidas Provisórias, Ivo T. Gico
Controle Judicial Das Medidas Provisórias, Ivo T. Gico
Ivo Teixeira Gico Jr.
Neste artigo, o autor analisa os pressupostos constitucionais do controle abstrato de medidas provisórias quanto aos seus requisitos de necessidade, utilidade e conveniência de sua edição, confrontando a execução de políticas públicas com as prerrogativas do Estado de Direito.
In this article, the author examines the Provisional Executive Acts abstract constitutional control assumptions in their necessity, utility and convenience editing requirements, confronting the execution of public policies with the State of Law prerogatives.
The Harvest, Louise Harmon
Malexandertalet: Ett Tal - Två Situationer, Matilda Arvidsson
Malexandertalet: Ett Tal - Två Situationer, Matilda Arvidsson
Dr Matilda Arvidsson
In this article the court speech delivered by the "Malexander widow", Anneli Ljungberg, is analysed in terms of Lloyd Bitzers "rhetorical situation" and found to work within two different and simultaneous rhetorical situations. Thus, the article shows how a court speech might break with rhetorical conventions of one rhetorical situation because of the conventions governing the other and simultaneously ongoing rhetorical situation.
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
University of Michigan Journal of Law Reform
A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …