Northwestern University School of Law
Yale Law School
Boston College Law School
University of Connecticut
William & Mary Law School
Seattle University School of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
Constitutional Change And Wade's Ultimate Political Fact,
2016
Selected Works
Constitutional Change And Wade's Ultimate Political Fact, Richard Kay
Richard Kay
The Harm Principle And Free Speech,
2016
USC Gould School of Law
The Harm Principle And Free Speech, Rebecca L. Brown
University of Southern California Legal Studies Working Paper Series
This article challenges the recent turn to absolutism in free speech doctrine, and the scheme of "protected" and "unprotected" speech that it enshrines. A more historically and theoretically sound approach to free speech would take into account the actual manner in which expression is alleged to cause harm. If the process of causing harm does not engage the rational processes of the audience, then the strict rule against content regulation is not appropriate. The article offers an original, revisionist perspective on the leading case on content regulation, Police Department v. Mosley, 408 U.S. 92 (1972), which was authored by ...
The Tragedy Of Justice Scalia,
2016
University of Pennsylvania Law School
The Tragedy Of Justice Scalia, Mitchell N. Berman
Faculty Scholarship
Justice Antonin Scalia was, by the time of his death last February, the Supreme Court’s best known and most influential member. He was also its most polarizing, a jurist whom most students of American law either love or hate. This essay, styled as a twenty-year retrospective on A Matter of Interpretation, Scalia’s Tanner lectures on statutory and constitutional interpretation, aims to prod partisans on both sides of our central legal and political divisions to better appreciate at least some of what their opponents see—the other side of Scalia’s legacy. Along the way, it critically assesses Scalia ...
New Judicial Review In Old Europe,
2016
Yale University
New Judicial Review In Old Europe, Alyssa S. King
Georgia Journal of International & Comparative Law
No abstract provided.
The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code,
2016
Liberty University
The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause
Fidei et Veritatis: The Liberty University Journal of Graduate Research
For centuries, the Mosaic Code (“MC”) has been viewed as Israel’s prescriptive legislation, whereby Jewish leaders were to judge infractions by the “letter of the law.” This view is one which permeates both pulpit and pew alike, even in this modern era. However, recent developments in scholarship are challenging this understanding of MC, concluding instead that this “law code” was not utilized in Israelite jurisprudence, but rather as a covenant contract that worked not prescriptively in the lives of the Jews, but rather descriptively, in that it relayed the heart of YHWH to its reader. Accordingly, MC was to ...
Ruling The Skies Or Drowning In Rules? A Look At The Faa’S Sluggish Progress In Developing Rules And Forces That Might Be Shaping The Future Of Drone Use In The United States,
2016
Barry University School of Law
Ruling The Skies Or Drowning In Rules? A Look At The Faa’S Sluggish Progress In Developing Rules And Forces That Might Be Shaping The Future Of Drone Use In The United States, Thomas D. Lovett
Barry Law Review
No abstract provided.
The Right To Refuse: The Legal Counterbalance For Religious Businesses And Same-Sex Marriage Promotion To Curtail The Rippling Wave Of Tension Eruption Across The Nation And Florida,
2016
Barry University School of Law
The Right To Refuse: The Legal Counterbalance For Religious Businesses And Same-Sex Marriage Promotion To Curtail The Rippling Wave Of Tension Eruption Across The Nation And Florida, Ta’Lor Mcfarland
Barry Law Review
No abstract provided.
Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules,
2016
University of Pennsylvania Law School
Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas
Faculty Scholarship
Far too many reporters and pundits collapse law into politics, assuming that the left–right divide between Democratic and Republican appointees neatly explains politically liberal versus politically conservative outcomes at the Supreme Court. The late Justice Antonin Scalia defied such caricatures. His consistent judicial philosophy made him the leading exponent of originalism, textualism, and formalism in American law, and over the course of his three decades on the Court, he changed the terms of judicial debate. Now, as a result, supporters and critics alike start with the plain meaning of the statutory or constitutional text rather than loose appeals to ...
From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy,
2016
Barry University School of Law
From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy, Carolina Kripinski
Barry Law Review
No abstract provided.
Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues,
2016
Barry University School of Law
Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh
Barry Law Review
No abstract provided.
The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment,
2016
Barry University School of Law
The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment, Christopher L. Henry
Barry Law Review
No abstract provided.
Modern Debtors' Prison In The State Of Florida: How The State's Brand Of Cash Register Justice Leads To Imprisonment For Debt,
2016
Barry University School of Law
Modern Debtors' Prison In The State Of Florida: How The State's Brand Of Cash Register Justice Leads To Imprisonment For Debt, David Angley
Barry Law Review
No abstract provided.
Workers' Compensation Law & The Remedial Waiver,
2016
Barry University School of Law
Workers' Compensation Law & The Remedial Waiver, Mary Kati Haupt
Barry Law Review
No abstract provided.
The Pre-Appointment Experience Of Supreme Court Justices,
2016
Selected Works
The Pre-Appointment Experience Of Supreme Court Justices, Timothy P. O’Neill
Timothy P. O'Neill
Benjamin H. Barton’s recent article, An Empirical Study of Supreme Court Justice Pre-Appointment Experience, makes a significant contribution to the growing body of work that compares and contrasts the professional and educational backgrounds of the current members of the Roberts Court with their predecessors. I share Professor Barton’s concerns.
Fourteen Years Later: The Capital Punishment System In California,
2016
Santa Barbara College of Law
Fourteen Years Later: The Capital Punishment System In California, Robert M. Sanger
Robert M. Sanger
Memory And Punishment,
2016
Notre Dame Law School
Memory And Punishment, O. Carter Snead
O. Carter Snead
This article is the first scholarly exploration of the implications of neurobiological memory modification for criminal law. Its point of entry is the fertile context of criminal punishment, in which memory plays a crucial role. Specifically, this article will argue that there is a deep relationship between memory and the foundational principles justifying how punishment should be distributed, including retributive justice, deterrence, incapacitation, rehabilitation, moral education, and restorative justice. For all such theoretical justifications, the questions of who and how much to punish are inextricably intertwined with how a crime is remembered - by the offender, by the sentencing authority, and ...
Science, Public Bioethics, And The Problem Of Integration,
2016
Notre Dame Law School
Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead
O. Carter Snead
Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decision making. It has captured the attention of officials in every branch of government, as well as the American public itself. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decision making) continue to roil the public square.
This Article examines the question of how scientific methods and principles can ...
Stare Decisis As Judicial Doctrine,
2016
Notre Dame Law School
Stare Decisis As Judicial Doctrine, Randy J. Kozel
Randy J Kozel
Stare decisis has been called many things, among them a principle of policy, a series of prudential and pragmatic considerations, and simply the preferred course. Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts.
This Article examines stare decisis as applied by the U.S. Supreme Court, our nation’s highest doctrinal authority. A review of the Court’s jurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely ...
The Scope Of Precedent,
2016
Notre Dame Law School
The Scope Of Precedent, Randy J. Kozel
Randy J Kozel
The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales and elaborate doctrinal frameworks articulated by their predecessors. This practice infuses judicial precedent with the prescriptive power of enacted constitutional and statutory text. The lower federal courts follow suit, regularly abiding by the Supreme Court's broad pronouncements. These phenomena cannot be explained by—and, indeed, oftentimes subvert—the classic distinction between binding holdings and dispensable dicta.
This Article connects the scope of precedent with recurring and foundational debates about the proper ends of judicial interpretation. A precedent's forward-looking effect should not ...
The Implications Of Transition Theory For Stare Decisis,
2016
University of Pennsylvania Law School
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
Jill Fisch
No abstract provided.
