Co-Organizer: Symposium On The Jurisprudence Of Family Relations: Privacy, Autonomy, And Should States Regulate Family Relations?,
2013
Boston College Law School
Co-Organizer: Symposium On The Jurisprudence Of Family Relations: Privacy, Autonomy, And Should States Regulate Family Relations?, Scott Fitzgibbon
Scott T. FitzGibbon
Professor FitzGibbon served as a co-organizer for the Symposium on the Jurisprudence of Family Relations: Privacy, Autonomy, and Should States Regulate Family Relations? at the Cardozo Law School of Yeshiva University.
Legal Realism As Theory Of Law,
2013
William & Mary Law School
Legal Realism As Theory Of Law, Michael S. Green
Michael S. Green
No abstract provided.
Leiter On The Legal Realists,
2013
William & Mary Law School
Leiter On The Legal Realists, Michael S. Green
Michael S. Green
In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading is vulnerable, because he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to …
Harmonious Discourse And The Good Of Family Law,
2013
Boston College Law School
Harmonious Discourse And The Good Of Family Law, Scott Fitzgibbon
Scott T. FitzGibbon
On June 6, 2013, Professor FitzGibbon presented at the North American Regional Conference for the International Society of Family Law.
Statutory Interdependence In Severability Analysis,
2013
University of Michigan Law School
Statutory Interdependence In Severability Analysis, Rachel J. Ezzell
Michigan Law Review
According to conventional wisdom, when a court rules a statutory provision unconstitutional, it must sever that provision or strike down the entire statute. This understanding is incomplete. In practice, courts may engage in compound severance: invalidating additional, otherwise constitutional provisions of the statute without striking down the entire statute. They reason that the degree of interrelation between those provisions is so significant that severance of one compels severance of the other. As a result, a subset of the statute remains law. The power to craft such subsets raises constitutional concerns, and yet the jurisprudence concerning statutory interdependence is inconsistent and …
Global Poverty And The Right To Development In International Law,
2013
University of Toronto
Global Poverty And The Right To Development In International Law, Patrick Macklem
Patrick Macklem
This Article advances an account of the right to development as a legal instrument that holds the international legal order accountable for its role in the production and reproduction of global poverty. It first distinguishes moral conceptions of human rights, as instruments that protect universal features of humanity, from legal conceptions, which tie their existence to their specification in international instruments promulgated in compliance with international legal norms governing the creation of legal rights and obligations. Despite textual ambiguities in the various instruments in which it finds expression, the right to development vests in individuals and communities who have yet …
Constitutional Patriotism: A Reasonable Theory Of Radical Democracy?,
2013
Cardiff University
Constitutional Patriotism: A Reasonable Theory Of Radical Democracy?, Vito Breda
Vito Breda
Since its first appearance just over a decade ago, Habermas's constitutional patriotism has inspired a rich and articulate series of theoretical analyses and has indirectly encouraged constitutional projects such as the Constitution for Europe. The popularity of constitutional patriotism among political and constitutional theorists has, however, also generated some confusion over the aims and basic structure of Habermas's endeavour. For instance, it is unclear whether constitutional patriotism ought to be considered a constitutional or political theory. This paper seeks to clarify some of the misunderstandings surrounding constitutional patriotism. It will contend that the theory is, at its core, a political …
Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum
Angela Goodrum
No abstract provided.
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism,
2013
Georgetown Law Center
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In this writing, the author applies a “decision theory” of statutory interpretation, elaborated recently in the Yale Law Journal, to Professor William Eskridge’s illustrative case, Babbitt v. Sweet Home Chapter of Communities for a Great Oregon. In the course of this application, she takes issue with the conventional wisdom that purposivism, as a method of statutory interpretation, is inevitably a more virtuous model of statutory interpretation. First, the author questions whether we have a clear enough jurisprudential picture both of judicial discretion and legal as opposed to political normativity. Second, she argues that, under decision theory, Sweet Home is …
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share,
2013
Villanova University School of Law
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Dempsey
Michelle Madden Dempsey
Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.
What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence,
2013
Loyola University Chicago, School of Law
What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence, Margaret L. Moses
Margaret L. Moses
No abstract provided.
To Compete Globally, Brics Nations Need Reputation, Not Imitation,
2013
University of Iowa
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
Ahmed E SOUAIAIA
The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions must …
The Unwritten Law And Its Writers,
2013
Pepperdine University
The Unwritten Law And Its Writers, Frederick J. Moreau
Pepperdine Law Review
No abstract provided.
Natural Law And The Ninth Amendment,
2013
Pepperdine University
Natural Law And The Ninth Amendment, Thomas E. Towe
Pepperdine Law Review
No abstract provided.
The Right To Life Of The Unborn Child And The Case Artavia Murillo And Others V. Costa Rica,
2013
Universidad del Zulia
The Right To Life Of The Unborn Child And The Case Artavia Murillo And Others V. Costa Rica, Emercio J. Aponten Núñez Phd
Emercio J Aponten Núñez PHD
No abstract provided.
Standing's Expected Value,
2013
Emory University School of Law
Standing's Expected Value, Jonathan Remy Nash
Michigan Law Review
This Article argues in favor of standing based on expected value of harm. Standing doctrine has been constructed in a way that is oblivious to the idea of expected value. If people have suffered a loss with a positive expected value, they have suffered an "injury in fact." The incorporation of expected value into standing doctrine casts doubt on many of the Supreme Court's decisions in which it denies standing because the relevant injury is too "speculative" or is not "likely" to be redressed by a decree in the plaintiff's favor. This Article addresses this shortcoming in standing jurisprudence by …
Inchoate Crimes Revisted: A Behavioral Economics Perspective,
2013
Florida State University College of Law
Inchoate Crimes Revisted: A Behavioral Economics Perspective, Manuel A. Utset
University of Richmond Law Review
No abstract provided.
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law,
2013
Louisiana State University Law Center
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law, Marshall L. Perkins
Louisiana Law Review
The article discusses the intent requirement in Louisiana destination law which states that a party claiming predial servitude created by destination must prove the "intent" of the common owner to create the servitude. It analyzes the intent requirement entered into the jurisprudential application of Louisiana civil code and presents a relevant French doctrine on the issue.
What Privacy Is For,
2013
Georgetown University Law Center
What Privacy Is For, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Privacy has an image problem. Over and over again, regardless of the forum in which it is debated, it is cast as old-fashioned at best and downright harmful at worst — anti-progressive, overly costly, and inimical to the welfare of the body politic. Yet the perception of privacy as antiquated and socially retrograde is wrong. It is the result of a conceptual inversion that relates to the way in which the purpose of privacy has been conceived. Like the broader tradition of liberal political theory within which it is situated, legal scholarship has conceptualized privacy as a form of protection …
Louisiana Public Service Commission V. Cheathon: Error Of Alj In Not Citing A Party For Contempt For Failure To Appear At A Hearing,
2013
Pepperdine University
Louisiana Public Service Commission V. Cheathon: Error Of Alj In Not Citing A Party For Contempt For Failure To Appear At A Hearing, Kevin J. Riley
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
