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

Jurisprudence Commons

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

6522 Full-Text Articles 3774 Authors 2766659 Downloads 126 Institutions

All Articles in Jurisprudence

Faceted Search

6522 full-text articles. Page 3 of 150.

A Christian Jurisprudence, John Kuhn Bleimaier 2017 St. John's University School of Law

A Christian Jurisprudence, John Kuhn Bleimaier

The Catholic Lawyer

No abstract provided.


A Jurisprudence Of Faith: An Experiment In Using Theology To Interpret Jurisprudence, Timothy L. Fort 2017 St. John's University School of Law

A Jurisprudence Of Faith: An Experiment In Using Theology To Interpret Jurisprudence, Timothy L. Fort

The Catholic Lawyer

No abstract provided.


A New Jurisprudential Aspect Of Antisocial Personality Disorder In Relation To Marriage, Reverend Augustine Mendonca 2017 St. John's University School of Law

A New Jurisprudential Aspect Of Antisocial Personality Disorder In Relation To Marriage, Reverend Augustine Mendonca

The Catholic Lawyer

No abstract provided.


Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism, Raymond A. Belliotti 2017 St. John's University School of Law

Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism, Raymond A. Belliotti

The Catholic Lawyer

No abstract provided.


The Process Of Responsible Decision: Observations On The Jurisprudence Of Professor Jones, Edward N. Peters 2017 St. John's University School of Law

The Process Of Responsible Decision: Observations On The Jurisprudence Of Professor Jones, Edward N. Peters

The Catholic Lawyer

No abstract provided.


The Symmetry Principle, Bradley A. Areheart 2017 University of Tennessee College of Law

The Symmetry Principle, Bradley A. Areheart

Boston College Law Review

Title VII provides symmetrical protection against discrimination in that both blacks and whites, and men and women may avail themselves of the law’s protections. In contrast, the Age Discrimination in Employment Act operates asymmetrically, shielding workers over the age of forty from discrimination yet offering no reciprocal protection for younger workers. Why do some antidiscrimination laws protect symmetrically while others do not? More importantly, why does this design choice matter? These are questions that scholars, courts, and legislators have generally ignored. This Article proceeds in two parts. First, it identifies symmetry as an important, yet frequently overlooked, way in ...


Understanding The Public Trust Doctrine Through Due Process, Michael O'Loughlin 2017 Boston College Law School

Understanding The Public Trust Doctrine Through Due Process, Michael O'Loughlin

Boston College Law Review

The public trust doctrine (“PTD”) could be a powerful tool for environmental lawyers. It protects the public’s right to use and access resources by placing them in trust with the state and guiding the sovereign’s discretion in their management. Although it lies inherent in sovereignty, the law scatters it across constitutional, statutory, and common law sources, hurting its effectiveness. Understanding the public’s beneficiary interest in this public trust as a due process protected property right would help resolve these failings by placing it under the umbrella of the U.S. Constitution’s guarantee against arbitrary deprivations of ...


Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai 2017 Brooklyn Law School

Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai

Nelson Tebbe

Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains underanalyzed. This Article seeks to bring greater theoretical attention to the matter It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of borrowing, and identifies some of the risks involved. Our examples draw particular attention to places where legal mechanisms and ideas migrate between fields of law associated ...


Pepperdine University School Of Law: Legal Summaries, Jane Seo 2017 Pepperdine University

Pepperdine University School Of Law: Legal Summaries, Jane Seo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Abortion As Betrayal, Richard Stith 2017 Valparaiso University

Abortion As Betrayal, Richard Stith

Richard Stith

Abortion is worse than ordinary murder, principally because it involves the betrayal of a dependent by a natural guardian. Furthermore, abortion is emblematic of wider lethal betrayals of radically dependent persons. All these betrayals are rationalized precisely by the victims’ lack of autonomy-based dignity. Christianity counters by affirming the concern and respect due to those who helplessly suffer worldly disdain.


La Corte Di Giustizia E Le Misure Transitorie Relative Alle Indicazioni Sulla Salute Fornite Sui Prodotti Alimentari. Il Caso Dei " Fiori Di Bach ", Luis González Vaqué 2017 Asociación Iberoamericana para el Dereho Alimentario

La Corte Di Giustizia E Le Misure Transitorie Relative Alle Indicazioni Sulla Salute Fornite Sui Prodotti Alimentari. Il Caso Dei " Fiori Di Bach ", Luis González Vaqué

Luis González Vaqué

Article 28(2), first sentence, of Regulation (EC) No 1924/2006 of 20 December 2006 on nutrition and health claims made on foods (consolidated version), must be interpreted as meaning that that provision applies in the situation in which a foodstuff bearing a trade mark or brand name was, before 1 January 2005, marketed as a medicinal product and then, although having the same physical characteristics and bearing the same trade mark or brand name, as a foodstuff after that date.


The Politics Of Jurisprudence: Liberty And Equality In Rawls And Dworkin, Stephen C. Hicks 2017 St. John's University School of Law

The Politics Of Jurisprudence: Liberty And Equality In Rawls And Dworkin, Stephen C. Hicks

The Catholic Lawyer

No abstract provided.


The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D. 2017 Salisbury University

The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D.

Environmental and Earth Law Journal (EELJ)

Expanding upon the important work already accomplished by the Paris Agreement (2015), the United Nations General Assembly (UNGA) can help create the international legal framework needed by recognizing, in a nonbinding resolution as a first step, the Earth’s atmosphere as a global trust and thus helping to create the necessary legal capacity- building among nation-states to monitor, maintain as well as restore the Earth’s atmosphere for future generations.


The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos 2017 Barry University School of Law

The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman 2017 Barry University School of Law

Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman

Environmental and Earth Law Journal (EELJ)

No abstract provided.


An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish 2017 Barry University School of Law

An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Clean Power Plan, Janice Chon 2017 Barry University School of Law

Clean Power Plan, Janice Chon

Environmental and Earth Law Journal (EELJ)

No abstract provided.


It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman 2017 University of Mississippi School of Law

It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman

Environmental and Earth Law Journal (EELJ)

What makes the United States one of the most prosperous and safest nations in the modern world? Perhaps it is the durable economy, the strong military force, or the Constitutional protections. What most Americans take for granted, however, is something people in many nations base their entire lives around: safe, clean water. Promulgated in 1972, the original Clean Water Act has been opposed and amended over the course of forty years. No provision, however, has been as hotly contested as the § 404 program for “dredge and fill” permits. Specifically, this section led to divisions on what constitutes “water” that is ...


Assessing The African Union Concerns About Article 16 Of The Rome State Of The International Criminal Court, Charles Chernor Jalloh, Dapo Akande, Max du Plessis 2017 Florida International University College of Law

Assessing The African Union Concerns About Article 16 Of The Rome State Of The International Criminal Court, Charles Chernor Jalloh, Dapo Akande, Max Du Plessis

Charles C. Jalloh

This article assesses the African Union’s (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC’s failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and ...


The Case Against Physician-Assisted Suicide And Voluntary Active Euthanasia: A Jurisprudential Consideration, Seow Hon TAN 2017 Singapore Management University

The Case Against Physician-Assisted Suicide And Voluntary Active Euthanasia: A Jurisprudential Consideration, Seow Hon Tan

Research Collection School Of Law

Twenty years after the Advance Medical DirectiveAct came into force in Singapore, the issue of the legalisation ofphysician-assisted suicide and voluntary active euthanasia remains live. Thisarticle examines the case for legalisation, replying to the points raised inthe article by Toh Puay San and Stanley Yeo, “Decriminalisingphysician-assisted suicide in Singapore” (2010) 22 SAcLJ 379–412, which hadincluded draft legislation in its proposal. It critically discusses thetheoretical underpinnings of such legalisation and argues that the contentionof the authors that the benefits of allowing terminally-ill patients the optionof physician-assisted suicide far outweigh the harms is not supported. Afortiori, voluntary active euthanasia should not ...


Digital Commons powered by bepress