Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (48)
- Constitutional Law (34)
- Social and Behavioral Sciences (29)
- Jurisprudence (28)
- Legal History (20)
-
- Law and Economics (14)
- Social Welfare Law (14)
- Civil Rights and Discrimination (13)
- Comparative and Foreign Law (13)
- Criminal Law (13)
- International Law (13)
- Legislation (13)
- State and Local Government Law (13)
- Arts and Humanities (11)
- Health Law and Policy (11)
- Law and Politics (11)
- Public Affairs, Public Policy and Public Administration (11)
- Asian Studies (10)
- Courts (10)
- Human Rights Law (10)
- International and Area Studies (10)
- Administrative Law (9)
- Law and Psychology (9)
- Legal Education (9)
- Legal Writing and Research (9)
- Sociology (9)
- Religion Law (8)
- Banking and Finance Law (7)
- Institution
-
- University of Florida Levin College of Law (17)
- University of Pennsylvania Carey Law School (15)
- Selected Works (14)
- BLR (13)
- SelectedWorks (12)
-
- Singapore Management University (9)
- University of Michigan Law School (4)
- University of Pittsburgh School of Law (3)
- Fordham Law School (2)
- UIC School of Law (2)
- Columbia Law School (1)
- Cornell University Law School (1)
- Georgetown University Law Center (1)
- Loyola University Chicago, School of Law (1)
- Lund University, Faculty of Law (1)
- Maurer School of Law: Indiana University (1)
- Minnesota State University, Mankato (1)
- Schulich School of Law, Dalhousie University (1)
- University of Baltimore Law (1)
- University of Cincinnati College of Law (1)
- University of Georgia School of Law (1)
- University of San Diego (1)
- University of Southern Maine (1)
- Vanderbilt University Law School (1)
- Villanova University Charles Widger School of Law (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Public Law and Legal Theory (17)
- Constitutional Law (8)
- Jurisprudence (6)
- Law and Economics (6)
- Law and Society (5)
-
- General Law (4)
- Legal History (4)
- Singapore (4)
- Social Welfare (4)
- Comparative law (3)
- Criminal Law and Procedure (3)
- Federalism (3)
- Health Law and Policy (3)
- Human and fundamental rights (3)
- Justice (3)
- Legal theory (3)
- Legal theory and legal philosophy (3)
- Rights (3)
- Badges and incidents of slavery (2)
- Civil society (2)
- Constitutional history (2)
- Custody (2)
- Derecho Civil (2)
- Desert (2)
- Direito Constitucional (2)
- Economics (2)
- Human rights (2)
- Interrogation (2)
- Islam (2)
- Jones v. Alfred H. Mayer Co. (2)
- Publication
-
- All Faculty Scholarship (16)
- University of Florida Journal of Law & Public Policy (16)
- ExpressO (13)
- Research Collection Yong Pung How School Of Law (9)
- Articles (4)
-
- Gianluigi Palombella (4)
- Paulo Ferreira da Cunha (4)
- Shubhankar Dam (4)
- Faculty Scholarship (3)
- Edward Ivan Cueva (2)
- UIC Law Review (2)
- Articles by Maurer Faculty (1)
- Bruno L. Costantini García (1)
- Cornell Law Faculty Publications (1)
- Dalhousie Law Journal (1)
- Deborah M. Weissman (1)
- Democracy/Government (1)
- Donald J. Kochan (1)
- Faculty Articles and Other Publications (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Gregor Noll (1)
- Gregory Lewkowicz (1)
- Hou Meng (1)
- Jack Tsen-Ta LEE (1)
- Law & Economics Working Papers Archive: 2003-2009 (1)
- Maine Statistical Analysis Center (1)
- Mary Alice Haddad (1)
- Michael Ming Du (1)
- Michigan Journal of Race and Law (1)
- Michigan Telecommunications & Technology Law Review (1)
- Publication Type
Articles 31 - 60 of 107
Full-Text Articles in Public Law and Legal Theory
Annual Analysis Report Of Supreme People’S Court (2006)【最高人民法院年度分析报告(2006)】, Meng Hou
Annual Analysis Report Of Supreme People’S Court (2006)【最高人民法院年度分析报告(2006)】, Meng Hou
Hou Meng
No abstract provided.
The Non-Problem Of Free Will In Forensic Psychiatry And Psychology, Stephen J. Morse
The Non-Problem Of Free Will In Forensic Psychiatry And Psychology, Stephen J. Morse
All Faculty Scholarship
This article demonstrates that there is no free will problem in forensic psychiatry by showing that free will or its lack is not a criterion for any legal doctrine and it is not an underlying general foundation for legal responsibility doctrines and practices. There is a genuine metaphysical free will problem, but the article explains why it is not relevant to forensic practice. Forensic practitioners are urged to avoid all usage of free will in their forensic thinking and work product because it is irrelevant and spawns confusion.
Consumption, Development Aid, And Natural Law, Gary Chartier
Consumption, Development Aid, And Natural Law, Gary Chartier
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
News Media’S Impact On Perceptions Of The Civil Justice System, Hugh M. Robert
News Media’S Impact On Perceptions Of The Civil Justice System, Hugh M. Robert
ExpressO
With cases in the news like the McDonalds case, it has left the public with a very distorted view of the civil justice system. Information about the civil litigation system is critical because citizens report that the news media is their primary source of information about the court system, an even more important source than contact with the courts themselves. With the general public relying primarily on the news media as their source of information, it is necessary to examine what is being reported and the frequency of covering both sides to the story, the true story.
Cold Comfort Pharmacy: Pharmacist Tort Liability For Conscientious Refusals To Dispense Emergency Contraception, Kristen Marttila Gast
Cold Comfort Pharmacy: Pharmacist Tort Liability For Conscientious Refusals To Dispense Emergency Contraception, Kristen Marttila Gast
ExpressO
The past several years have seen an increasing number of pharmacists refuse to dispense emergency contraception, an effective, post-coital form of contraception, on the grounds that the drug violates their personal beliefs. This Article addresses the impact of those pharmacist refusals under existing principles of tort law. The Article draws on existing pharmacy case law, state-specific refusal clauses, and ethics statements promulgated by professional pharmacy associations to investigate whether pharmacists have a legal duty to dispense emergency contraception, notwithstanding religious or ethical objections. Concluding that in most states, such a legal duty does exist, the Article develops a “wrongful conception” …
Antitrust Process And Vertical Deference: Judicial Review Of State Regulatory Inaction, Jim Rossi
Antitrust Process And Vertical Deference: Judicial Review Of State Regulatory Inaction, Jim Rossi
ExpressO
Courts struggle with the tension between national competition laws, on the one hand, and state and local regulation, on the other – especially as traditional governmental functions are privatized and as economic regulation advances beyond its traditional role to address market monitoring. This Article defends a process-based account of the state action antitrust exception against alternative interpretations, such as the substantive efficiency preemption approach recently advanced by Richard Squire, and elaborates on what such a process-based account would entail for courts addressing the role of state economic regulation as a defense in antitrust cases. It recasts the debate as focused …
Judicializing Federative Power, Richard Broughton
Judicializing Federative Power, Richard Broughton
ExpressO
The federal Constitution is ambiguous about federative power, Locke’s description of the power over war and foreign relations. On the one hand, the Constitution is plainly un-Lockean, dividing federative power between Congress and the President and contemplating that they will exercise responsibility, and sometimes competing prerogatives, in war and foreign affairs. Yet there is a rich constitutional and political history in America suggesting that the constitutional scheme is more Lockean than at first blush, even if informal and hidden in complexity. This paper responds to two distinct, but related, lines of argument that seek to limit especially the executive’s Lockean …
The Inescapable Federalism Of The Ninth Amendment, Kurt T. Lash
The Inescapable Federalism Of The Ninth Amendment, Kurt T. Lash
ExpressO
For the past several decades, the majority of courts and commentators have viewed the Ninth Amendment as a provision justifying judicial enforcement of unenumerated individual rights against state and federal abridgment. The most influential advocate of this libertarian reading of the Ninth has been Professor Randy Barnett who has argued in a number of articles and books that the Ninth was originally understood as guarding unenumerated natural rights. Recently uncovered historical evidence, however, suggests that those who framed and ratified the Ninth Amendment understood the Clause as a guardian of the retained right to local self-government. Recognizing the challenge this …
A Textual-Historical Theory Of The Ninth Amendment, Kurt T. Lash
A Textual-Historical Theory Of The Ninth Amendment, Kurt T. Lash
ExpressO
Despite the lavish attention paid to the Ninth Amendment as supporting judicial enforcement of unenumerated rights, surprisingly little attention has been paid to the Amendment’s actual text. Doing so reveals a number of interpretive conundrums. For example, although often cited in support of broad readings of the Fourteenth Amendment, the text of the Ninth says nothing about how to interpret enumerated rights such as those contained in the Fourteenth. No matter how narrowly one construes the Fourteenth, the Ninth merely demands that such enumerated rights not be construed to deny or disparage other rights retained by the people. The standard …
The Hidden Harm Of Law And Economics, Daniel I A Cohen
The Hidden Harm Of Law And Economics, Daniel I A Cohen
ExpressO
The paper deals with the adverse psychodynamic consequences to an individual and to society, immediately and in the long run, of dissolving individual responsibility for fault as in the doctrine of Law and economics.
The American Tradition Of Racial Profiling, Jean Phan
The American Tradition Of Racial Profiling, Jean Phan
ExpressO
The enemy has always been easily recognizable in American life: He has been the savage Native American known for scalping people; the black slave bent on ravaging white women; the Asian worker unfairly competing against the white man; the Mexican immigrant who does nothing but leech off the system; the Arab who dreams up terrorist plots, and carries them out. These enemies have always been visible in American society, and yet, they don’t exist in reality. They exist only in the minds of those too afraid to consider that these strange individuals who seem so different, could be just like …
At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Desautels-Stein
At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Desautels-Stein
ExpressO
This article has two primary goals. The first is descriptive, and seeks to respond to what appears to be an increasing degree of confusion over the word “pragmatism,” especially as it is used in a good deal of legal literature. This descriptive aim begins by separating out three general categories of pragmatism: (1) the so-called “everyday” pragmatism familiar to the American vernacular, (2) the classical philosophy of the early pragmatist authors like William James and John Dewey, and (3) pragmatism as understood in the context of law. The majority of the article is subsequently concerned with exploring this last category, …
Weak Democracy, Strong Information: The Role Of Information Technology In The Rulemaking Process, Cary Coglianese
Weak Democracy, Strong Information: The Role Of Information Technology In The Rulemaking Process, Cary Coglianese
All Faculty Scholarship
Techno-optimists advocate the application of information technology to the rulemaking process as a means of advancing strong democracy -- that is, direct, broad-based citizen involvement in regulatory policy making. In this paper, I show that such optimism is unfounded given the obstacles to meaningful citizen deliberation posed by the impenetrability of current e-rulemaking developments, the prevailing level of citizen disengagement from politics and policy making more generally, and most citizens’ lack of the requisite technical information about and understanding of the issues at stake in regulatory decision making. As such, a more realistic goal for the application of new technology …
Globalization In Comparative Perspective: A New Approach To Comparative Law And Legal Thought, Tamara Lothian, Katharina Pistor
Globalization In Comparative Perspective: A New Approach To Comparative Law And Legal Thought, Tamara Lothian, Katharina Pistor
Tamara Lothian
No abstract provided.
Son Of Sam Resurrected: Did Greedy Criminals Unwittingly Give New Life To The “Son Of Sam” Laws?, Arthur M. Ortegon
Son Of Sam Resurrected: Did Greedy Criminals Unwittingly Give New Life To The “Son Of Sam” Laws?, Arthur M. Ortegon
ExpressO
No abstract provided.
Of Elephants And Embryos: A Proposed Framework For Legal Personhood, Jessica Berg
Of Elephants And Embryos: A Proposed Framework For Legal Personhood, Jessica Berg
ExpressO
No abstract provided.
In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam
In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam
The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
Pakistani Supreme Court And Constitutional Space, Shubhankar Dam
Pakistani Supreme Court And Constitutional Space, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam
The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam
In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam
Shubhankar Dam
No abstract provided.
The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam
The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam
Shubhankar Dam
No abstract provided.
The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam
The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Pakistani Supreme Court And Constitutional Space, Shubhankar Dam
Pakistani Supreme Court And Constitutional Space, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Doomsday: A Look At The Ethical Issues Behind The Government's Coercive Powers In Response To A Public Health Nightmare., Jacob M. Chapman
Doomsday: A Look At The Ethical Issues Behind The Government's Coercive Powers In Response To A Public Health Nightmare., Jacob M. Chapman
ExpressO
This article posits a hypothetical scenario in which a deadly pandemic is unleashed upon the United States and the several individuals whom appear to have a natural immunity refuse to participate in necessary research. The article then examines the possible legal and ethical approaches available for reacting to the pandemic.
The hypothetical scenario addressed in this article highlights a gap in current public health law. While various states have laws and procedures relating to quarantine and forced inoculation, these laws and procedures do not suggest whether the state may or may not coerce non-threatening individuals into participating in potentially dangerous …
Prosecutors: Factors To Aid Your Filing Decisions With Respect To Fatal Traffic Collisions, Kimberly Rebecca Bird
Prosecutors: Factors To Aid Your Filing Decisions With Respect To Fatal Traffic Collisions, Kimberly Rebecca Bird
ExpressO
As you may know, on a fairly regular basis, prosecutors are faced with filing decisions with respect to fatal traffic collisions. Many of them, of course, do not involve criminal negligence and are not prosecuted as crimes. Sometimes, on the other hand, the circumstances are egregious and the decision to be made is whether to file a case as a vehicular manslaughter or as a murder, on an implied malice theory. There are a finite number of California Supreme Court and Court of Appeal cases (beginning with People v. Watson (1981) 30 Cal.3d 290) that have addressed the sufficiency of …
Foia Anniversary Display, St. Mary's University, Texas
Foia Anniversary Display, St. Mary's University, Texas
Democracy/Government
Bibliography and photographs of a display of government documents from St. Mary's University, Texas.
The Third Death Of Federalism, A. Christopher Bryant
The Third Death Of Federalism, A. Christopher Bryant
Faculty Articles and Other Publications
Federal drug laws proved a stumbling block to the Rehnquist Court's attempted federalism revival. In its final year, the Court's fragile federalism coalition splintered in a pair of cases arising under the Controlled Substances Act ("CSA"). Missing from the emerging legal literature concerning those two decisions is any substantive discussion of the Supreme Court's much earlier, ill-fated efforts to preserve both judicial enforcement of the enumerated powers doctrine and federal narcotics laws. This article fills that gap.
Ninety-odd years ago the Court arrived at the same jurisprudential juncture it now confronts. In the early decades of the twentieth century, the …
Justice, And Only Justice, You Shall Pursue: Network Neutrality, The First Amendment And John Rawls's Theory Of Justice, Amit M. Schejter, Moran Yemini
Justice, And Only Justice, You Shall Pursue: Network Neutrality, The First Amendment And John Rawls's Theory Of Justice, Amit M. Schejter, Moran Yemini
Michigan Telecommunications & Technology Law Review
As broadband becomes the public's technology of choice to access the Internet, it is also emerging as the battlefield upon which the struggle for control of the Internet is being fought. Operators who provide physical access to the service claim the right to discriminate among the content providers who use the infrastructure in which the operators have invested. In contrast, content providers warn that exercising such a policy would "undermine the principles that have made the Internet such a success."[...] For academic observers, analysis of this issue has thus far been confined to the areas of property law, innovation, and …
Corégulation Et Responsabilité Sociale Des Entreprises, Gregory Lewkowicz, Ludovic Hennebel
Corégulation Et Responsabilité Sociale Des Entreprises, Gregory Lewkowicz, Ludovic Hennebel
Gregory Lewkowicz
This paper analyses the evolution of corporate social responsibility from an empirical and a theoretical point of view. After having described the framework of a theory of coregulation, the authors scrutinize the main regulatory instruments used in the context of corporate social responsibility. They demonstrate that the evolution of corporate social responsaibility delineates a new regulatory logic peculiar to a globalizing legal world. The paper concludes stating that this logic could be a paradigm for the study of an emerging global law.