Jurisprudence Commons

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Recent Articles in Jurisprudence

Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb University of Maryland Francis King Carey School of Law

Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Foreword, Paula A. Monopoli University of Maryland Francis King Carey School of Law

Foreword, Paula A. Monopoli

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Justice Sandra Day O'Connor: The World's Most Powerful Jurist?, Diane Lowenthal, Barbara Palmer University of Maryland Francis King Carey School of Law

Justice Sandra Day O'Connor: The World's Most Powerful Jurist?, Diane Lowenthal, Barbara Palmer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast BLR

Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast

University of Southern California Law and Economics Working Paper Series

Most social scientists take for granted that law is defined by the presence of a centralized authority capable of exacting coercive penalties for violations of legal rules. Moreover, the existing approach to analyzing law in economics and positive political theory works with a very thin concept of law that does not account for the distinctive attributes of legal order as compared with other forms of social order. Drawing on a model developed elsewhere, we reinterpret key case studies to demonstrate how a theoretically informed approach illuminates questions about emergence, stability, and function of law in supporting economic and democratic growth.


To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. SOUAIAIA University of Iowa

To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions ...


Natural Law And The Ninth Amendment, Thomas E. Towe Pepperdine University

Natural Law And The Ninth Amendment, Thomas E. Towe

Pepperdine Law Review

No abstract provided.


The Unwritten Law And Its Writers, Frederick J. Moreau Pepperdine University

The Unwritten Law And Its Writers, Frederick J. Moreau

Pepperdine Law Review

No abstract provided.


Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen Maurer School of Law: Indiana University

Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen

IP Theory

No abstract provided.


Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein Maurer School of Law: Indiana University

Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein

IP Theory

No abstract provided.


Dissenting State Patent Regimes, Camilla A. Hrdy Maurer School of Law: Indiana University

Dissenting State Patent Regimes, Camilla A. Hrdy

IP Theory

No abstract provided.


Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook Maurer School of Law: Indiana University

Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook

IP Theory

No abstract provided.


Louisiana Public Service Commission V. Cheathon: Error Of Alj In Not Citing A Party For Contempt For Failure To Appear At A Hearing, Kevin J. Riley Pepperdine University

Louisiana Public Service Commission V. Cheathon: Error Of Alj In Not Citing A Party For Contempt For Failure To Appear At A Hearing, Kevin J. Riley

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Logic Of Judicial Decisions - Two Items Of Greater Or Lesser Interest, Michael S. Moore, W. Barton Leach, David J. Agatstein Pepperdine University

The Logic Of Judicial Decisions - Two Items Of Greater Or Lesser Interest, Michael S. Moore, W. Barton Leach, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Unemployment Compensation: Lola A. Lind V. Employment Security Division, Department Of Labor, State Of Alaska - Supreme Court Of Alaska - March 14, 1980, Supreme Court of Alaska Pepperdine University

Unemployment Compensation: Lola A. Lind V. Employment Security Division, Department Of Labor, State Of Alaska - Supreme Court Of Alaska - March 14, 1980, Supreme Court Of Alaska

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Exclusion Of The Press: Herald Company Inc. V. Weisenberg, N.Y. Supreme Court Appellate Division -- First Department Pepperdine University

Exclusion Of The Press: Herald Company Inc. V. Weisenberg, N.Y. Supreme Court Appellate Division -- First Department

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Recent Cases Of Interest, David J. Agatstein Pepperdine University

Recent Cases Of Interest, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky Pepperdine University

Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley Pepperdine University

Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant Pepperdine University

Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


How To Talk About The Constitution, Sara Aronchick Solow, Barry Friedman NELLCO

How To Talk About The Constitution, Sara Aronchick Solow, Barry Friedman

New York University Public Law and Legal Theory Working Papers

For the last thirty years, debates about interpretive methodology have preoccupied academics to the detriment of substantive discussions about constitutional meaning. Scholars have spent all their time talking about talking about the Constitution, rather than just talking about the Constitution. The publication of Jack Balkin’s book Living Originalism provides an auspicious moment to urge abandoning the first project in favor of the second. For all their intensity, debates about constitutional interpretive methodology have had meager payoff. Judges continue to interpret using a familiar collection of sources, which scholars should tap in greater detail in order to consider new constitutional ...