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Nonmoral Theoretical Disagreement In Law, Alani Golanski 2016 Weitz & Luxenberg, P.C.

Nonmoral Theoretical Disagreement In Law, Alani Golanski

Alani Golanski

The central issue in the philosophy of law has been whether law’s content and validity rest on moral criteria. Scholars have viewed theoretical disagreements in law as the indicia of moral dispute. Both sides of the debate – those favoring and those opposing the view that moral justification may or does supply the criteria by which a rule or principle counts as "legal" – have accepted the notion that, if there is widespread theoretical disagreement in law, this would be compelling evidence of law’s incorporation of moral standards. Thus, theoretical disagreement poses a powerful challenge to the "positivist" approach, which ...


The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska 2015 George Washington University Law School

The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska

Marija Dordeska

When the International Court of Justice (ICJ) resolves disputes between States, it relies on various draft articles of the International Law Commission (ILC), sometimes declaring them to be customary international law. The ICJ thereby elevates some draft articles into the sphere of customary international law, transforming them into instruments binding for the international community as a whole. However, the ICJ tends to rely on the ILC’s work only when the ILC bases its findings on ICJ or Permanent Court of International Justice’s precedents. As an alternative method of international law-making, the relationship between the ICJ and the ILC ...


Navajo Therapeutic Jurisprudence, James W. Zion 2015 Touro College Jacob D. Fuchsberg Law Center

Navajo Therapeutic Jurisprudence, James W. Zion

Touro Law Review

No abstract provided.


Control Or Security: A Therapeutic Approach To The Freedom Of Contract, Yuval Feldman 2015 Touro College Jacob D. Fuchsberg Law Center

Control Or Security: A Therapeutic Approach To The Freedom Of Contract, Yuval Feldman

Touro Law Review

No abstract provided.


Constructing A Normative Framework For Therapeutic Jurisprudence Using Social Work Principles As A Model, Robert G. Madden, Raymie H. Wayne 2015 Touro College Jacob D. Fuchsberg Law Center

Constructing A Normative Framework For Therapeutic Jurisprudence Using Social Work Principles As A Model, Robert G. Madden, Raymie H. Wayne

Touro Law Review

No abstract provided.


Drug Treatment Court: Therapeutic Jurisprudence Applied, Bruce J. Winick, David B. Wexler 2015 Touro College Jacob D. Fuchsberg Law Center

Drug Treatment Court: Therapeutic Jurisprudence Applied, Bruce J. Winick, David B. Wexler

Touro Law Review

No abstract provided.


Jurisprudential Countertransference, Marla Kahn 2015 Touro College Jacob D. Fuchsberg Law Center

Jurisprudential Countertransference, Marla Kahn

Touro Law Review

No abstract provided.


Rights Are Not Enough: Therapeutic Jurisprudence Lessons For Law Reformers, Nathalie Des Rosiers 2015 Touro College Jacob D. Fuchsberg Law Center

Rights Are Not Enough: Therapeutic Jurisprudence Lessons For Law Reformers, Nathalie Des Rosiers

Touro Law Review

No abstract provided.


Introduction Symposium: The Varieties Of Therapeutic Experience, A.J. Stephani 2015 Touro College Jacob D. Fuchsberg Law Center

Introduction Symposium: The Varieties Of Therapeutic Experience, A.J. Stephani

Touro Law Review

No abstract provided.


The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha 2015 College of William & Mary Law School

The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha

William & Mary Law Review

No abstract provided.


Cultural Bias In Judicial Decision Making, Masua Sagiv 2015 Buchmann Faculty of Law, Tel Aviv University

Cultural Bias In Judicial Decision Making, Masua Sagiv

Boston College Journal of Law & Social Justice

This Essay describes the phenomenon of cultural bias in judicial decision making, and examines the use of testimonies and opinions of cultural experts as a way to diminish this bias. The Essay compares the legal regimes of the United States and Israel. Whereas in the United States, the general practice of using cultural experts in courts is well developed and regulated, the Israeli legal procedure has no formal method for admitting cultural expert testimony, and examples of opinions or testimonies of cultural experts in the Israeli legal system are sporadic. The Essay further argues that social science evidence is an ...


Pepperdine University School Of Law Legal Summaries, Nicole Banister, Samantha Koopman 2015 Pepperdine University

Pepperdine University School Of Law Legal Summaries, Nicole Banister, Samantha Koopman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judicial Activism’S Effect On Judicial Elections, Nick Fernandes 2015 Chapman University

Judicial Activism’S Effect On Judicial Elections, Nick Fernandes

Student Research Day Abstracts and Posters

High profile Supreme Court cases have become increasingly commonplace, particularly with the Citizens United court decision granting unprecedented rights to corporations. Many in the media have decried these as examples of increasing “judicial activism”. This trend has trickled down to the state supreme courts as justices have increasingly played a more active role in developing policy. Gay marriage has become legalized in numerous states due to this trend. While public sentiment is unlikely to affect the appointed Supreme Court, it could have a substantial impact on state judicial elections.

This paper will specifically be looking at judicial elections in Kentucky ...


Expertise And Opinion Assignment On The Courts Of Appeals: A Preliminary Investigation, Jonathan Remy Nash 2015 University of Florida Levin College of Law

Expertise And Opinion Assignment On The Courts Of Appeals: A Preliminary Investigation, Jonathan Remy Nash

Florida Law Review

This Article examines the role of expertise in judicial opinion assignment and offers four contributions: First, this Article develops a general theory of opinion assignment on multimember courts. Second, this Article uses that theory to predict how expertise might influence opinion assignment. Third, because the theory advanced in this Article suggests that the courts of appeals are far more likely to witness experience-based opinion assignment than is the Supreme Court, this Article contributes to an understanding of opinion assignment practices in this understudied area. Fourth, this Article identifies two settings in which the theory this Article advances should have observable ...


A Fourth Amendment Framework For The Fee Exercise Clause, Adam Lamparello 2015 Indiana Tech Law School

A Fourth Amendment Framework For The Fee Exercise Clause, Adam Lamparello

Adam Lamparello

This article proposes a paradigm for resolving disputes under the free exercise clause that is analogous to the framework used by the court under the fourth amendment when balancing privacy rights against investigatory powers of law enforcement. In its Fourth Amendment jurisprudence, the Court provides varying degrees of protection to privacy – and imposes different evidentiary requirements on law enforcement – depending on the context in which privacy is affected, the intrusiveness of a particular search, and the asserted governmental interests. For example, privacy receives the strongest protections in areas such as the home, thus requiring law enforcement to have probable cause ...


The Demise Of Habeas Corpus And The Rise Of Qualified Immunity: The Court's Ever Increasing Limitations On The Development And Enforcement Of Constitutional Rights And Some Particularly Unfortunate Consequences, Stephen R. Reinhardt 2015 United States Court of Appeals for the Ninth Circuit

The Demise Of Habeas Corpus And The Rise Of Qualified Immunity: The Court's Ever Increasing Limitations On The Development And Enforcement Of Constitutional Rights And Some Particularly Unfortunate Consequences, Stephen R. Reinhardt

Michigan Law Review

The collapse of habeas corpus as a remedy for even the most glaring of constitutional violations ranks among the greater wrongs of our legal era. Once hailed as the Great Writ, and still feted with all the standard rhetorical flourishes, habeas corpus has been transformed over the past two decades from a vital guarantor of liberty into an instrument for ratifying the power of state courts to disregard the protections of the Constitution. Along with so many other judicial tools meant to safeguard the powerless, enforce constitutional rights, and hold the government accountable, habeas has been slowly eroded by a ...


El Reconocimiento De Paternidad Es Revocable Si Fue Hecho Bajo Engaño.A Propósito De La Casación Que Se Aparta Del Artículo 395 Del Código Civil, Abelardo De La Cruz Chalán Derecho 2015 Universidad Nacional de Cajamarca

El Reconocimiento De Paternidad Es Revocable Si Fue Hecho Bajo Engaño.A Propósito De La Casación Que Se Aparta Del Artículo 395 Del Código Civil, Abelardo De La Cruz Chalán Derecho

Abelardo De La Cruz Chalán

En el presente trabajo se da algunos alcances sobre la impugnación de reconocimiento de paternidad extramatrimonial; asimismo un breve enfoque del tratamiento de la irrevocabilidad del reconocimiento en el Derecho Civil comparado (Argentina y Chile); el derecho a la identidad según el TC (Tribunal Constitucional) y, además, el estudio de la decisión de la Sala Civil Transitoria de la República sobre impugnación de reconocimiento de paternidad extramatrimonial.


The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz 2015 United States Senate Sub-Committee on Immigration

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.


"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer 2015 Seattle University School of Law

"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer

Seattle University Law Review

This Article focuses on the tension between the late-nineteenth century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the ...


The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe 2015 University of Ife

The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe

Georgia Journal of International & Comparative Law

No abstract provided.


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