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The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker 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 ...


(What We Talk About When We Talk About) Judicial Temperament, Terry A. Maroney 2020 Vanderbilt University

(What We Talk About When We Talk About) Judicial Temperament, Terry A. Maroney

Boston College Law Review

Judicial temperament is simultaneously the thing we think all judges must have and the thing that no one can quite put a finger on. Extant accounts are scattered and thin, and either present a laundry list of desirable judicial qualities without articulating what (if anything) unifies the list or treat temperament as a fundamentally mysterious quality that a judge either does or does not have. Resting so much—selection, evaluation, discipline, even removal—on such an indeterminate concept is intellectually and practically intolerable. Polarized debates over Justice Kavanaugh’s fitness to sit on the Supreme Court made clear just how ...


The Constitution Is Dead, Long Live The Constitution! The Creation, Endurance, And Modification Of Modern Revolutionary Constitutions, Jorge M. Farinacci-Fernós 2020 Barry University School of Law

The Constitution Is Dead, Long Live The Constitution! The Creation, Endurance, And Modification Of Modern Revolutionary Constitutions, Jorge M. Farinacci-FernóS

Barry Law Review

No abstract provided.


An Immigration Defense Lawyer Walked Into A Barr... The Impact Of Trump’S Justice Department On The Defense Of Criminal Immigrants, Michael Vastine 2020 Barry University School of Law

An Immigration Defense Lawyer Walked Into A Barr... The Impact Of Trump’S Justice Department On The Defense Of Criminal Immigrants, Michael Vastine

Barry Law Review

No abstract provided.


Sexual Orientation Discrimination And The Opportunity For Florida To Finally Make Amends, Samantha Lambert 2020 Barry University School of Law

Sexual Orientation Discrimination And The Opportunity For Florida To Finally Make Amends, Samantha Lambert

Barry Law Review

No abstract provided.


Mcneighbor? Legal Barriers To A National Food-Sharing Economy, Evelyn Schwalb 2020 Barry University School of Law

Mcneighbor? Legal Barriers To A National Food-Sharing Economy, Evelyn Schwalb

Barry Law Review

No abstract provided.


A Shield Becomes A Sword: Defining And Deploying A Constitutional Theory For Communities Of Interest In Political Redistricting, Glenn D. Magpantay 2020 Barry University School of Law

A Shield Becomes A Sword: Defining And Deploying A Constitutional Theory For Communities Of Interest In Political Redistricting, Glenn D. Magpantay

Barry Law Review

No abstract provided.


Commentary: Scientific Evidence - From A "Deferent" To A "Novice" Judge: Comments On Zoppellari's Paper, Marko Novak 2020 New University, European Faculty of Law

Commentary: Scientific Evidence - From A "Deferent" To A "Novice" Judge: Comments On Zoppellari's Paper, Marko Novak

OSSA Conference Archive

No abstract provided.


The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari 2020 University of Trento

The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari

OSSA Conference Archive

The Frye and Daubert rulings give us two very different ways to intend the relation between law and science. Through the contributions of Wellman and Walton, we will see how the main method to question the expert’s testimony before a judge deferent to science is to question her personal integrity by using ad hominem arguments. Otherwise, using Alvin Goldman’s novice/expert problem, we will investigate if other manners of argumentative cross-examinations are possible.


“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin 2020 University of Trento

“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin

OSSA Conference Archive

Every individual when making an opinion always sees from a here-and-now point of view characterized by an overlapping of beliefs (produced by inner activities dealing with reasonings, feelings and ethical standards). In the history of philosophy we can find two main types of evidence, based on what we might call “linear” and “fractal” rationality. In the light of the former, which almost exclusively fosters formal deductivism, evidence is based on mere systematic coherence, and all other sources of knowledge (intuitive, perceptive, symbolic, poetic, moral etc.) are marginalized – persuasion included. In the light of “fractal” rationality, which is more adherent to ...


Failing To Keep The Cat In The Bag: A Decennial Assessment Of Federal Rule Of Evidence 502'S Impact On Forfeiture Of Legal Privilege Under Customary Waiver Doctrine, Jared S. Sunshine 2020 Cleveland State University

Failing To Keep The Cat In The Bag: A Decennial Assessment Of Federal Rule Of Evidence 502'S Impact On Forfeiture Of Legal Privilege Under Customary Waiver Doctrine, Jared S. Sunshine

Cleveland State Law Review

Federal Rule of Evidence 502—providing certain exemptions from the surrender of attorney-client and work product privilege because a confidential item was disclosed—had great expectations to live up to after its enactment in 2008, as Congress and others heralded it as a panacea to litigation’s woes in the face of bourgeoning discovery. The enacted rule was the subject of much skepticism by the academic punditocracy, however. Ten years later, this Article surveys the actual results and finds that, regrettably, pessimism has proven the better prediction. Percolation of debate over the rule’s many ambiguities and courts’ disparate approaches ...


Corpus Linguistics And Vico's Lament: Against Vivisectional Jurisprudence, Francis J. Mootz III 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, Melissa H. Weresh 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, Mark A. Hannah, Susie Salmon 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, Lori D. Johnson, Melissa Love Koenig 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, Laura A. Webb 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, Kirsten K. Davis 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, Michael J. Cedrone 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, Clarke Rountree 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, Kirsten A. Dauphinais 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Quintilian’S Curriculum, Kirsten A. Dauphinais

Nevada Law Journal

No abstract provided.


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