Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory, 2014 University of Richmond
Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory, Kevin C. Walsh
Law Faculty Publications
Judge Richard Posner's well-known view is that constitutional theory is useless. And Judge J Harvie Wilkinson III has lambasted constitutional theory for the way in which its "cosmic" aspirations threaten democratic self-governance. Many other judges hold similar views. And yet both Posner and Wilkinson-in the popular press, in law review articles, and in books-have advocated what appear to be their own theories of how to judge in constitutional cases. Judicial pragmatism for Posner and judicial restraint for Wilkinson seem to be substitutes for originalism, living constitutionalism, political process theory, and so on. But both Posner and Wilkinson also deny that …
Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory,, 2014 The Catholic University of America, Columbus School of Law
Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory,, Kevin C. Walsh, Marc O. Degirolami
Scholarly Articles
Judge Richard Posner's well-known view is that constitutional theory is useless. And Judge J Harvie Wilkinson III has lambasted constitutional theory for the way in which its "cosmic" aspirations threaten democratic self-governance. Many other judges hold similar views. And yet both Posner and Wilkinson-in the popular press, in law review articles, and in books-have advocated what appear to be their own theories of how to judge in constitutional cases. Judicial pragmatism for Posner and judicial restraint for Wilkinson seem to be substitutes for originalism, living constitutionalism, political process theory, and so on. But both Posner and Wilkinson also deny that …
Behind The U.S. Reports: Justice Brennan's Unpublished Opinions And Memoranda In New York Times V. Sullivan And Its Progeny, 2014 American University Washington College of Law
Behind The U.S. Reports: Justice Brennan's Unpublished Opinions And Memoranda In New York Times V. Sullivan And Its Progeny, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
The contributions Justice William J. Brennan Jr. made to free expression in general and the law of libel in particular are unquestioned. His opinion in New York Times Co. v. Sullivan and cases that followed established sturdy protection for critics of public officials and helped further the marketplace of ideas that is so important for public discourse. Justice Brennan wrote thousands of words about Sullivan and its impact that never appeared in published opinions, however. Often he was required to alter his writings to accommodate the views of other justices needed for a majority. Those unpublished opinions – and memoranda …
Patent Dialogue, 2014 American University Washington College of Law
Patent Dialogue, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
This Article examines the unique dialogic relationship that exists between the Supreme Court and Congress concerning patent law. In most areas of the law, Congress and the Supreme Court engage directly with each other to craft legal rules. When it comes to patent law, however, Congress and the Court often interact via an intermediary institution: the U.S. Court of Appeals for the Federal Circuit. In patent law, dialogue often begins when Congress or the Supreme Court acts as a dialogic catalyst, signaling reform priorities to which the Federal Circuit often responds.
Appreciating the unique nature of patent dialogue has important …
Juror Internet Misconduct: A Survey Of New Hampshire Superior Court Judges, 2014 University of New Hampshire School of Law
Juror Internet Misconduct: A Survey Of New Hampshire Superior Court Judges, Brooke Lovett Shilo
The University of New Hampshire Law Review
[Excerpt] “The Constitution guarantees criminal defendants the right to a fair trial before an impartial jury and the right to confront the evidence against them. When a juror improperly accesses the Internet during a criminal trial, the defendant is denied these constitutional rights. The problem of outside information entering the courtroom is as old as our judicial system. As early as 1907, Justice Holmes observed that, “The theory of our [criminal justice] system is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, …
Comments: Avoiding Those Wearing Propeller Hats: The Use Of Blue Ribbon Juries In Complex Patent Litigation, 2014 University of Baltimore School of Law
Comments: Avoiding Those Wearing Propeller Hats: The Use Of Blue Ribbon Juries In Complex Patent Litigation, Jordan M. Halle
University of Baltimore Law Review
I cannot stop without calling attention to the extraordinary condition of the law which makes it possible for a man without any knowledge of even the rudiments of chemistry to pass upon such questions as these... How long we shall continue to blunder along without the aid of unpartisan and authoritative scientific assistance in the administration of justice, no one knows; but all fair persons not conventionalized by provincial legal habits of mind ought, I should think, unite to effect some such advance.
Parke-Davis & Co. v. H.K. Mulford Co., 189 F. 95,115 (C.C.S.D.N.Y. 1911), affd in part, rev'd in …
Comments: Droning On About The Fourth Amendment: Adopting A Reasonable Fourth Amendment Jurisprudence To Prevent Unreasonable Searches By Unmanned Aircraft Systems, 2014 University of Baltimore School of Law
Comments: Droning On About The Fourth Amendment: Adopting A Reasonable Fourth Amendment Jurisprudence To Prevent Unreasonable Searches By Unmanned Aircraft Systems, Joel Celso
University of Baltimore Law Review
No abstract provided.
J.L.'S Time Bomb Still Ticking: How Navarette's Narrow Holding Failed To Address Important Issues Regarding Anonymous Tips, 2014 University of Baltimore Law
J.L.'S Time Bomb Still Ticking: How Navarette's Narrow Holding Failed To Address Important Issues Regarding Anonymous Tips, Andrew B. Kartchner
University of Baltimore Law Review
The conflict is clear and the stakes are high. The effect of the rule below will be to grant drunk drivers one free swerve before they can legally be pulled over by police. It will be difficult for an officer to explain to the family of a motorist killed by that swerve that the police had a tip that the driver of the other car was drunk, but that they were powerless to pull him over, even for a quick check.
Lionfish As A Metaphor For Governance In An Era Of Climate Change, 2014 Professor of Law, CUNY School of Law, and Director of the CUNY Center for Urban Environmental Reform
Lionfish As A Metaphor For Governance In An Era Of Climate Change, Rebecca M. Bratspies
NYLS Law Review
No abstract provided.
Reflections On The New Haven School, 2014 Professor of Law at the University of Connecticut School of Law
The Conceptual And Jurisprudential Aspects Of Property In The Context Of The Fundamental Rights Of Indigenous People: The Case Of The Shuar Of Ecuador, 2014 Sam T. Dell Research Scholar Professor of Law, Affiliate Professor of Anthropology, Affiliate Professor of Latin American and African Studies, University of Florida
The Conceptual And Jurisprudential Aspects Of Property In The Context Of The Fundamental Rights Of Indigenous People: The Case Of The Shuar Of Ecuador, Winston P. Nagan, Craig Hammer
NYLS Law Review
No abstract provided.
Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, 2014 Partner, Quinn Emanuel Urquhart & Sullivan, LLP
Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng
NYLS Law Review
No abstract provided.
Expanding The “Geography” Of Policy Options To Reduce Greenhouse Gas Emissions: A Commentary On Hari Osofsky’S The Geography Of Solving Global Environmental Problems, 2014 Professor of Government and Economics and Director of the Roberts Environmental Center at Claremont McKenna College
Expanding The “Geography” Of Policy Options To Reduce Greenhouse Gas Emissions: A Commentary On Hari Osofsky’S The Geography Of Solving Global Environmental Problems, William Ascher
NYLS Law Review
No abstract provided.
The Age Of Constitutions In The Americas, 2014 Florida International University College of Law
The Age Of Constitutions In The Americas, M C. Mirow
Faculty Publications
The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and …
“Doomed Social Engineering?” Ethics And Professionalism Related To Sexual Orientation: The Florida Experience, 2014 Barry University School of Law
“Doomed Social Engineering?” Ethics And Professionalism Related To Sexual Orientation: The Florida Experience, Robert W. Lee
Barry Law Review
No abstract provided.
Has Society Become Tolerant Of Further Infringement On First Amendment Rights?, 2014 Barry University School of Law
Has Society Become Tolerant Of Further Infringement On First Amendment Rights?, Nicholas Primrose
Barry Law Review
No abstract provided.
Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, 2014 Barry University School of Law
Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, Jeffery R. Ray
Barry Law Review
This paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I of the analysis will discuss three issues: first, the modern understanding of genocide and the substantive areas of law that govern it; second, the definition of “child” within the international arena as it relates to child soldiering; third, a discussion to determine if children can constitute a “group” in the context of the law of genocide.
Part II provides a discussion elaborating on Part I, then analyzes …
Say “No” To Nota: Modifying Florida’S Organ Donation Policy Through Government Regulation Of Donor Incentives?, 2014 Barry University School of Law
Say “No” To Nota: Modifying Florida’S Organ Donation Policy Through Government Regulation Of Donor Incentives?, Rachel A. Mattie
Barry Law Review
No abstract provided.
Civil Consequences Of Corruption In International Commercial Contracts, 2014 American University Washington College of Law
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. §201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign …
A Dynamic Theory Of Judicial Role, 2014 Florida State University College of Law
A Dynamic Theory Of Judicial Role, David Landau
Scholarly Publications
Recent scholarship has focused heavily on the activism of courts in the fragile democracies of the “Global South.” Courts in countries like India, Colombia, and South Africa have issued landmark decisions in difficult political environments, in the process raising unanswered questions about the appropriate conception of judicial role in these climates. Much of the judicial and academic effort in these contexts is self-consciously oriented towards using courts to carry out basic improvements in the quality of political systems seen as badly deficient. In other words, the core task is to improve the quality of the democratic system over time. These …