Northwestern University School of Law
Washington University School of Law
Barry University
Boston College Law School
University of Pennsylvania
Indiana University School of Law - Bloomington
Golden Gate University School of Law
William & Mary Law School
The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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?,
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,
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,
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,
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,
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,
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,
2020
University of St. Thomas, Minnesota
Trump's Takeover Of The Courts, Lena Zwarensteyn
University of St. Thomas Law Journal
No abstract provided.
