Northwestern University School of Law
Yale Law School
University of Connecticut
William & Mary Law School
Washington University School of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights,
2017
Faulkner University
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam Macleod
Adam MacLeod
From Eternity To Here: In Search Of The Origins Of Secularism,
2017
BLR
From Eternity To Here: In Search Of The Origins Of Secularism, Nomi Stolzenberg
University of Southern California Legal Studies Working Paper Series
This article puts forth a hypothesis about the theological origins of liberalism and secularism that offers an alternative to standard accounts of the intellectual origins/theological foundations of liberalism and of political theology which see the two as separate and mutually exclusive. On my hypothesis, the emergency theory of the state associated with political theology and the liberal theory of the state are (or were at their point of origin) the same thing. The hypothesis is that the theory that the state must be secular (and must be founded on principles of due process and religious pluralism, which come to ...
Of Law And Other Artificial Normative Systems,
2017
University of Pennsylvania Law School
Of Law And Other Artificial Normative Systems, Mitchell N. Berman
Faculty Scholarship
Different theories of law are situated within different pictures of our normative landscape. This essay aims to make more visible and attractive one picture that reflects basic positivist sensibilities yet is oddly marginalized in the current jurisprudential literature. The picture that I have in mind tries to vindicate surface appearances. It maintains that the social world is densely populated by countless normative systems of human construction (“artificial normative systems”) whose core functions are to generate and maintain norms (oughts, obligations, powers, rights, prohibitions, and the like). The norms that these systems output are conceptually independent from each other, and may ...
A New Jurisprudential Aspect Of Antisocial Personality Disorder In Relation To Marriage,
2017
St. John's University School of Law
A New Jurisprudential Aspect Of Antisocial Personality Disorder In Relation To Marriage, Reverend Augustine Mendonca
The Catholic Lawyer
No abstract provided.
Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism,
2017
St. John's University School of Law
Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism, Raymond A. Belliotti
The Catholic Lawyer
No abstract provided.
The Process Of Responsible Decision: Observations On The Jurisprudence Of Professor Jones,
2017
St. John's University School of Law
The Process Of Responsible Decision: Observations On The Jurisprudence Of Professor Jones, Edward N. Peters
The Catholic Lawyer
No abstract provided.
The Symmetry Principle,
2017
University of Tennessee College of Law
The Symmetry Principle, Bradley A. Areheart
Boston College Law Review
Title VII provides symmetrical protection against discrimination in that both blacks and whites, and men and women may avail themselves of the law’s protections. In contrast, the Age Discrimination in Employment Act operates asymmetrically, shielding workers over the age of forty from discrimination yet offering no reciprocal protection for younger workers. Why do some antidiscrimination laws protect symmetrically while others do not? More importantly, why does this design choice matter? These are questions that scholars, courts, and legislators have generally ignored. This Article proceeds in two parts. First, it identifies symmetry as an important, yet frequently overlooked, way in ...
Understanding The Public Trust Doctrine Through Due Process,
2017
Boston College Law School
Understanding The Public Trust Doctrine Through Due Process, Michael O'Loughlin
Boston College Law Review
The public trust doctrine (“PTD”) could be a powerful tool for environmental lawyers. It protects the public’s right to use and access resources by placing them in trust with the state and guiding the sovereign’s discretion in their management. Although it lies inherent in sovereignty, the law scatters it across constitutional, statutory, and common law sources, hurting its effectiveness. Understanding the public’s beneficiary interest in this public trust as a due process protected property right would help resolve these failings by placing it under the umbrella of the U.S. Constitution’s guarantee against arbitrary deprivations of ...
Constitutional Borrowing,
2017
Brooklyn Law School
Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai
Nelson Tebbe
Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains underanalyzed. This Article seeks to bring greater theoretical attention to the matter It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of borrowing, and identifies some of the risks involved. Our examples draw particular attention to places where legal mechanisms and ideas migrate between fields of law associated ...
Pepperdine University School Of Law: Legal Summaries,
2017
Pepperdine University
Pepperdine University School Of Law: Legal Summaries, Jane Seo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Abortion As Betrayal,
2017
Valparaiso University
Abortion As Betrayal, Richard Stith
Richard Stith
Abortion is worse than ordinary murder, principally because it involves the betrayal of a dependent by a natural guardian. Furthermore, abortion is emblematic of wider lethal betrayals of radically dependent persons. All these betrayals are rationalized precisely by the victims’ lack of autonomy-based dignity. Christianity counters by affirming the concern and respect due to those who helplessly suffer worldly disdain.
La Corte Di Giustizia E Le Misure Transitorie Relative Alle Indicazioni Sulla Salute Fornite Sui Prodotti Alimentari. Il Caso Dei " Fiori Di Bach ",
2017
Asociación Iberoamericana para el Dereho Alimentario
La Corte Di Giustizia E Le Misure Transitorie Relative Alle Indicazioni Sulla Salute Fornite Sui Prodotti Alimentari. Il Caso Dei " Fiori Di Bach ", Luis González Vaqué
Luis González Vaqué
The Politics Of Jurisprudence: Liberty And Equality In Rawls And Dworkin,
2017
St. John's University School of Law
The Politics Of Jurisprudence: Liberty And Equality In Rawls And Dworkin, Stephen C. Hicks
The Catholic Lawyer
No abstract provided.
The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere,
2017
Salisbury University
The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D.
Environmental and Earth Law Journal (EELJ)
Expanding upon the important work already accomplished by the Paris Agreement (2015), the United Nations General Assembly (UNGA) can help create the international legal framework needed by recognizing, in a nonbinding resolution as a first step, the Earth’s atmosphere as a global trust and thus helping to create the necessary legal capacity- building among nation-states to monitor, maintain as well as restore the Earth’s atmosphere for future generations.
The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies,
2017
Barry University School of Law
The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly,
2017
Barry University School of Law
Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman
Environmental and Earth Law Journal (EELJ)
No abstract provided.
An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future,
2017
Barry University School of Law
An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Clean Power Plan,
2017
Barry University School of Law
Clean Power Plan, Janice Chon
Environmental and Earth Law Journal (EELJ)
No abstract provided.
It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved,
2017
University of Mississippi School of Law
It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman
Environmental and Earth Law Journal (EELJ)
What makes the United States one of the most prosperous and safest nations in the modern world? Perhaps it is the durable economy, the strong military force, or the Constitutional protections. What most Americans take for granted, however, is something people in many nations base their entire lives around: safe, clean water. Promulgated in 1972, the original Clean Water Act has been opposed and amended over the course of forty years. No provision, however, has been as hotly contested as the § 404 program for “dredge and fill” permits. Specifically, this section led to divisions on what constitutes “water” that is ...
Assessing The African Union Concerns About Article 16 Of The Rome State Of The International Criminal Court,
2017
Florida International University College of Law
Assessing The African Union Concerns About Article 16 Of The Rome State Of The International Criminal Court, Charles Chernor Jalloh, Dapo Akande, Max Du Plessis
Charles C. Jalloh
This article assesses the African Union’s (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC’s failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and ...
