Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

6777 Full-Text Articles 3843 Authors 2843734 Downloads 127 Institutions

All Articles in Jurisprudence

Faceted Search

6777 full-text articles. Page 150 of 159.

Fiqh And Canons: Reflections On Islamic And Christian Jurisprudence, Mark L. Movsesian 2010 St. John's University - New York

Fiqh And Canons: Reflections On Islamic And Christian Jurisprudence, Mark L. Movsesian

Faculty Publications

Although American scholarship has begun to address both Christian and Islamic jurisprudence in a serious way, virtually none of the literature attempts to compare the place of law in these two world religions. This Essay begins to compare Islamic and Christian conceptions of law and suggests some implications for contemporary debates about religious dispute settlement. Islam and Christianity are subtle and complex religions. Each has competing strands; each has evolved over millennia and expressed itself differently over time. Moreover, although systematic treatments of Islamic law are beginning to appear in English, much remains available only in languages, like Arabic, that ...


Foreword: Procedure As Palimpsest, Catherine T. Struve 2010 University of Pennsylvania

Foreword: Procedure As Palimpsest, Catherine T. Struve

Faculty Scholarship

No abstract provided.


Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman 2010 University of Pennsylvania Law School

Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman

Faculty Scholarship

No abstract provided.


Property And The Public Forum: An Essay On Christian Legal Society V. Martinez, B. Jessie Hill 2010 Case Western Reserve University School of Law

Property And The Public Forum: An Essay On Christian Legal Society V. Martinez, B. Jessie Hill

Faculty Publications

Christian Legal Society v. Martinez is situated at the intersection of various, and arguably conflicting, lines of doctrine. In ultimately holding that the Hastings College of Law could decline to recognize the student chapter of the Christian Legal Society due to the group’s refusal to accept members who did not conform their beliefs and conduct to the principles of CLS (particularly regarding homosexuality),the Supreme Court was required to sort through a tangle of precedents involving free speech limitations in nonpublic for a, religious groups’ rights of equal access to school facilities, and freedom of expressive association.

Perhaps less ...


Wittgenstein Tests Mr. Justice Holmes: On Holmes's Proposal To Separate Legal Concepts From Moral Concepts, Thomas D. Eisele 2010 University of Cincinnati College of Law

Wittgenstein Tests Mr. Justice Holmes: On Holmes's Proposal To Separate Legal Concepts From Moral Concepts, Thomas D. Eisele

Faculty Articles and Other Publications

No abstract provided.


In Search Of "Laissez-Faire Constitutionalism", Matthew Lindsay 2010 University of Baltimore School of Law

In Search Of "Laissez-Faire Constitutionalism", Matthew Lindsay

All Faculty Scholarship

This article is a response to Professor Jed Shugerman’s Economic Crisis and the Rise of Judicial Elections and Judicial Review, HARVARD LAW REVIEW (2010). Professor Shugerman argues that the widespread adoption of judicial elections in the 1850’s and the embrace by the first generation of elected judges of countermajoritarian rationales for judicial review helped to effect a transition from the active, industry-building state of the early nineteenth century to the "laissez-faire constitutionalism" of the Lochner era. This response argues that Professor Shugerman overstates the causal relationship between the elected judiciary’s robust constitutional defense of "vested rights" and ...


Moral Foundation Theory And The Law, Colin Prince 2010 Seattle University School of Law

Moral Foundation Theory And The Law, Colin Prince

Seattle University Law Review

Moral foundation theory argues that there are five basic moral foundations: (1) harm/care, (2) fairness/reciprocity, (3) ingroup/loyalty, (4) authority/respect, and (5) purity/sanctity. These five foundations comprise the building blocks of morality, regardless of the culture. In other words, while every society constructs its own morality, it is the varying weights that each society allots to these five universal foundations that create the variety. Haidt likens moral foundation theory to an “audio equalizer,” with each culture adjusting the sliders differently. The researchers, however, were not content to simply categorize moral foundations—they have tied the foundations ...


Eighth Circuit Trademark Opinions, Kenneth L. Port 2010 Mitchell Hamline School of Law

Eighth Circuit Trademark Opinions, Kenneth L. Port

Faculty Scholarship

The Eighth Circuit Court of Appeals’ trademark jurisprudence has been truly fair and balanced since the 1946 passage of the Lanham Act. The court has created this fair and balanced jurisprudence by creating firm standards and sticking to them. Although not the most popular circuit in which to find a trademark case, the Eighth Circuit has kept a constant vigil to assure that trademark plaintiffs do not dominate over trademark defendants. This balanced approach to trademark law is consistent with the Minnesota Supreme Court, which recently held that “advertising injury” included trademark infringement, and therefore the defendant’s insurance carrier ...


Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis 2010 University of Pennsylvania

Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis

Faculty Scholarship

No abstract provided.


Symposium Introduction, Various Editors 2010 Villanova University Charles Widger School of Law

Symposium Introduction, Various Editors

Villanova Law Review

No abstract provided.


Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. McCausland 2010 Villanova University Charles Widger School of Law

Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland

Villanova Law Review

No abstract provided.


Through Papers To Persons, John T. Noonan Jr. 2010 Villanova University Charles Widger School of Law

Through Papers To Persons, John T. Noonan Jr.

Villanova Law Review

No abstract provided.


The Creation Of Authority In A Sermon By St. Augustine, James Boyd White 2010 Villanova University Charles Widger School of Law

The Creation Of Authority In A Sermon By St. Augustine, James Boyd White

Villanova Law Review

No abstract provided.


The Law's Melody, Jack L. Sammons 2010 Villanova University Charles Widger School of Law

The Law's Melody, Jack L. Sammons

Villanova Law Review

No abstract provided.


Los Grandes Rechazos De La Sentencia Roe V. Wade, Richard Stith 2010 Valparaiso University

Los Grandes Rechazos De La Sentencia Roe V. Wade, Richard Stith

Law Faculty Publications

: Quizás mayormente a causa del poder económico de los Estados Unidos, su alta jurisprudencia constitucional suele tener mucha influencia en otros países. En particular, la sentencia de la Corte Suprema norteamericana Roe v. Wade, que declaró un derecho al aborto durante todo el embarazo, puede conducir a la legalización del aborto a petición por los grandes tribunales de otras naciones. Pero antes de intentar de andar este surco abierto por la Corte estadounidense, los otros tribunales desearán saber que la sentencia ha sido rotundamente rechazada por fuentes bastante sorprendentes. El razonamiento de Roe ha sido rechazado por los peritos académicos ...


On The Legal Validation Of Sexual Relationships, Richard Stith 2010 Valparaiso University

On The Legal Validation Of Sexual Relationships, Richard Stith

Law Faculty Publications

No abstract provided.


Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland 2010 Valparaiso University School of Law

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland

Law Faculty Publications

No abstract provided.


Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland 2010 Valparaiso University

Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland

Law Faculty Publications

No abstract provided.


A Path Not Taken: Hans Kelsen's Pure Theory Of Law In The Land Of Legal Realists, D. A. Jeremy Telman 2010 Valparaiso University School of Law

A Path Not Taken: Hans Kelsen's Pure Theory Of Law In The Land Of Legal Realists, D. A. Jeremy Telman

Law Faculty Publications

This Essay is a contribution to a volume on the influence of Hans Kelsen’s legal theory in over a dozen countries. The Essay offers four explanations for the failure of Kelsen’s pure theory of law to take hold in the United States. Part I covers the argument that Kelsen’s approach failed in the United States because it is inferior to H. L. A. Hart’s brand of legal positivism. Part II discusses the historical context in which Kelsen taught and published in the United States and explores both philosophical and sociological reasons why the legal academy in ...


Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead 2010 Notre Dame Law School

Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead

Journal Articles

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decision making. It has captured the attention of officials in every branch of government, as well as the American public itself. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decision making) continue to roil the public square.

This Article examines the question of how scientific methods and principles can ...


Digital Commons powered by bepress