Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

7,318 Full-Text Articles 4,545 Authors 3,626,198 Downloads 156 Institutions

All Articles in Jurisprudence

Faceted Search

7,318 full-text articles. Page 1 of 169.

The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker 2020 University of Louisville School of Law

The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker

Indiana Law Journal

In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch

stack of paper. But in the same year, federal administrative agencies promulgate

80,000 pages of regulations—which makes an eleven-foot paper pillar. This move

toward electorally unaccountable administrators deciding federal policy began in

1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than

elected representatives, unelected bureaucrats increasingly make the vast majority

of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three

areas: delegation, deference, and independence.

This trend is about to be ...


Corpus Linguistics And Vico's Lament: Against Vivisectional Jurisprudence, Francis J. Mootz III 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Corpus Linguistics And Vico's Lament: Against Vivisectional Jurisprudence, Francis J. Mootz Iii

Nevada Law Journal

No abstract provided.


Ethos At The Intersection: Classical Insights For Contemporary Application, Melissa H. Weresh 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Ethos At The Intersection: Classical Insights For Contemporary Application, Melissa H. Weresh

Nevada Law Journal

No abstract provided.


Against The Grain: The Secret Role Of Dissents In Integrating Rhetoric Across The Curriculum, Mark A. Hannah, Susie Salmon 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Against The Grain: The Secret Role Of Dissents In Integrating Rhetoric Across The Curriculum, Mark A. Hannah, Susie Salmon

Nevada Law Journal

No abstract provided.


Walk The Line: Aristotle And The Ethics Of Narrative, Lori D. Johnson, Melissa Love Koenig 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Walk The Line: Aristotle And The Ethics Of Narrative, Lori D. Johnson, Melissa Love Koenig

Nevada Law Journal

No abstract provided.


Speaking The Truth: Supporting Authentic Advocacy With Professional Identity Formation, Laura A. Webb 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Speaking The Truth: Supporting Authentic Advocacy With Professional Identity Formation, Laura A. Webb

Nevada Law Journal

No abstract provided.


[Classical] Lawyers As [Digital] Public Speakers: Classical Rhetoric And Lawyer Digital Public Commentary, Kirsten K. Davis 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

[Classical] Lawyers As [Digital] Public Speakers: Classical Rhetoric And Lawyer Digital Public Commentary, Kirsten K. Davis

Nevada Law Journal

No abstract provided.


Cicero And Barack Obama: How To Unite The Republic Without Losing Your Head, Michael J. Cedrone 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Cicero And Barack Obama: How To Unite The Republic Without Losing Your Head, Michael J. Cedrone

Nevada Law Journal

No abstract provided.


Kairos And American Legal Praxis, Clarke Rountree 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Kairos And American Legal Praxis, Clarke Rountree

Nevada Law Journal

No abstract provided.


Quintilian’S Curriculum, Kirsten A. Dauphinais 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Quintilian’S Curriculum, Kirsten A. Dauphinais

Nevada Law Journal

No abstract provided.


Civil Procedure As A Critical Discussion, Susan E. Provenzano, Brian N. Larson 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Civil Procedure As A Critical Discussion, Susan E. Provenzano, Brian N. Larson

Nevada Law Journal

No abstract provided.


Cicero And Barack Obama: How To Unite The Republic Without Losing Your Head, Michael J. Cedrone 2020 Georgetown University Law Center

Cicero And Barack Obama: How To Unite The Republic Without Losing Your Head, Michael J. Cedrone

Georgetown Law Faculty Publications and Other Works

By turning to the works of Cicero and Barack Obama, we can find models of how to speak into crises in ways that foster unity. Cicero’s Catilinarian orations were delivered in 63 BCE, during his one-year term as consul—the highest elected official in the Roman Republic. Facing a conspiracy by certain noble Romans, Cicero delivered a series of four speeches that drove the chief conspirator out of Rome, turned public opinion against the conspirators, and convinced the Roman Senate to support the death penalty for conspirators who remained and were captured in Rome. The Fourth Catilinarian, in which ...


(Un)Common Law And The Female Body, Lolita Buckner Inniss 2020 Southern Methodist University Dedman School of Law

(Un)Common Law And The Female Body, Lolita Buckner Inniss

Boston College Law Review

A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women’s legal disabilities. In The Common Law Inside the Female Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she asserts, a substantial interrelation between the common law and feminist jurisprudential approaches to law. But Bernstein’s central argument, far from disrupting broad understandings of the common law, is in keeping with a claim that other legal scholars have long asserted: decisions according to ...


The Common Law Inside A Social Hierarchy: Power Or Reason?, Katharine Silbaugh 2020 Boston University

The Common Law Inside A Social Hierarchy: Power Or Reason?, Katharine Silbaugh

Boston College Law Review

Anita Bernstein argues that the common law gives women, too, the right to say no to what they do not want. She demonstrates that the common law is a far-reaching defense of condoned self-regard, a system that allows individuals to place their own interests above the interests of others, particularly when seeking to exclude others. She, therefore, places in the common law a right to protection from rape and a near-absolute right to expel a pregnancy. Bernstein reasons that women’s exclusion from the common law right to say no was a mistake produced by their absence from the judiciary ...


Gender And Judicial Decision-Making, Alexandra Just 2020 Bellarmine University

Gender And Judicial Decision-Making, Alexandra Just

Undergraduate Theses

This study employs a unique two-tiered approach, involving both quantitative and qualitative methodology to analyze the influences – specifically, a judge’s gender – on the judicial decision-making process. First, a quantitative bivariate regression analysis was conducted to determine whether a Federal District Court judge’s gender had a statistically significant influence on the ideological direction of case outcomes (which is either liberal, meaning the decision was in favor of the petitioner, or conservative, meaning the decision was against the petitioner). Data was analyzed using the statistical program SPSS and was pulled from the 2016 Carp-Manning database, which contains over 110,000 ...


Stare Decisis And The Supreme Court(S): What States Can Learn From Gamble, Zachary B. Pohlman 2020 Notre Dame Law School

Stare Decisis And The Supreme Court(S): What States Can Learn From Gamble, Zachary B. Pohlman

Notre Dame Law Review

While almost all questions before the Supreme Court require statutory or constitutional interpretation, state courts of last resort occupy a unique place in the American judicial landscape. As common-law courts, state supreme courts are empowered to develop common-law doctrines in addition to interpreting democratically enacted texts. This Note argues that these two distinct state court functions—interpretation of statutes and constitutions, and common-law judging—call for two distinct approaches to stare decisis, a distinction that is often muddied in practice. Justice Thomas’s concurrence in Gamble v. United States provides the framework for each approach, a framework based on the ...


Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David McClure 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David Mcclure

Scholarly Works

So-called “snap removal” – removal of a case from state to federal court prior to service on a forum state defendant – has divided federal trial courts for 20 years. Recently, panels of the Second, Third and Fifth Circuits have sided with those supporting the tactic even though it conflicts with the general prohibition on removal when the case includes a forum state defendant, a situation historically viewed as eliminating the need to protect the outsider defendant from possible state court hostility.

Consistent with the public policy underlying diversity jurisdiction – availability of a federal forum to protect against defending claims in an ...


Justice By Lot: The Taboo Of Chance Verdicts In America, Michael Tackeff 2020 University of St. Thomas, Minnesota

Justice By Lot: The Taboo Of Chance Verdicts In America, Michael Tackeff

University of St. Thomas Law Journal

No abstract provided.


Standing Athwart History: Anti-Obergefell Popular Constitutionalism And Judicial Supremacy's Long-Term Triumph, Josh Hammer 2020 University of St. Thomas, Minnesota

Standing Athwart History: Anti-Obergefell Popular Constitutionalism And Judicial Supremacy's Long-Term Triumph, Josh Hammer

University of St. Thomas Law Journal

No abstract provided.


Trump's Takeover Of The Courts, Lena Zwarensteyn 2020 University of St. Thomas, Minnesota

Trump's Takeover Of The Courts, Lena Zwarensteyn

University of St. Thomas Law Journal

No abstract provided.


Digital Commons powered by bepress