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 7 of 150.

Contesting Victimhood: A Linguistic And Legal Anthropological Analysis Of Defendant Experiences In New York’S Human Trafficking Intervention Courts, Mark T. Romig 2017 The Graduate Center, City University of New York

Contesting Victimhood: A Linguistic And Legal Anthropological Analysis Of Defendant Experiences In New York’S Human Trafficking Intervention Courts, Mark T. Romig

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

Human Trafficking Intervention Courts (HTICs) have been operating in New York City in an effort to connect victims of human trafficking to treatment programs. Unfortunately, the net that the courts cast was too wide and people who did not identify as victims of human trafficking were coerced into treatment programs that they did not need or want. Through textual discourse analysis and ethnographic observation, this paper explores the contestation of victimhood in HTICs by focusing on the experiences of defendants and how they are perceived by the police, judges, and other agents of the HTICs. Before entering the HTICs, defendants ...


Precedent And Speech, Randy J. Kozel 2017 Notre Dame Law School

Precedent And Speech, Randy J. Kozel

Michigan Law Review

The U.S. Supreme Court has shown a notable willingness to reconsider its First Amendment precedents. In recent years, the Court has departed from its prior statements regarding the constitutional value of false speech. It has revamped its process for identifying categorical exceptions to First Amendment protection. It has changed its positions on corporate electioneering and aggregate campaign contributions. In short, it has revised the ground rules of expressive freedom in ways large and small. The Court generally describes its past decisions as enjoying a presumption of validity through the doctrine of stare decisis. This Article contends that within the ...


Panel Discussion: A Comparison Of Ley De Quiebras Y Suspension De Pagos With The New Ley De Concursos Mercantiles, Michael L. Owen, Nathalie Martin, Orlando Loera, Douglas A. Doetsch, Jose Maria Abascal, Luis Manuel Mejan, Stephen Kargman, Anthony McCarthy 2017 Selected Works

Panel Discussion: A Comparison Of Ley De Quiebras Y Suspension De Pagos With The New Ley De Concursos Mercantiles, Michael L. Owen, Nathalie Martin, Orlando Loera, Douglas A. Doetsch, Jose Maria Abascal, Luis Manuel Mejan, Stephen Kargman, Anthony Mccarthy

Nathalie Martin

No abstract provided.


Que Es La Diferencia?: A Comparison Of The First Days Of A Business Reorganization Case In Mexico And The United States, Nathalie Martin 2017 University of New Mexico

Que Es La Diferencia?: A Comparison Of The First Days Of A Business Reorganization Case In Mexico And The United States, Nathalie Martin

Nathalie Martin

No abstract provided.


Assessing The Role Of History In The Federal Courts Canon: A Word Of Caution, Amanda L. Tyler 2017 University of California, Berkeley School of Law

Assessing The Role Of History In The Federal Courts Canon: A Word Of Caution, Amanda L. Tyler

Amanda L Tyler

In undertaking historical inquiry in the field of federal courts, one must be careful about assigning certain data points from the Founding period determinative weight, rather than treating them as part of a larger conversation about the role of the judicial power in our constitutional framework. This is because in studying the early years following ratification of the Constitution, one tends to find both examples of major principles that remained the subject of disagreement as well as examples of early legislation and practices that today we would reject as plainly inconsistent with the constitutional separation of powers. In support of ...


When Choice Itself Hurts The Quality Of Life, Richard Stith 2017 Valparaiso University

When Choice Itself Hurts The Quality Of Life, Richard Stith

Richard Stith

“When Choice Itself Hurts the Quality of Life” (how the results of choice may be seen as the fault of the chooser), Human Life Review, vol. XLII, No. 4, Fall 2016. For a more extensive analysis, see "Her Choice, Her Problem: How Having a Choice Can Diminish Family Solidarity", International Journal of the Jurisprudence of the Family, 2 Intl. J. Jurisprudence Fam. 179 (2011)


Generosity: A Duty Without A Right, Richard Stith 2017 Valparaiso University

Generosity: A Duty Without A Right, Richard Stith

Richard Stith

The rhetoric of rights permeates and dominates the American legal thought today. Even ethics is often considered to involve fundamentally a mutual respect for "moral rights." Understanding human rights is taken to be a sufficient condition for knowing how we do and should order our life together.


A Secular Community May Not Execute Its Members, Richard Stith 2017 Valparaiso University

A Secular Community May Not Execute Its Members, Richard Stith

Richard Stith

The purpose of law is to provide a framework for the fulfillment of everyone in our community. We can disagree, debate, and vote about how much each of us should give of get to reach this goal. But we cannot begin to debate or doubt the wisdom of considering each human being an end rather than only a means. We as a community have problems, but none of us is the problem. Our problems are defined by the goal of universal human flourishing. To call that goal into question is to make coherent public discussion impossible. If people can just ...


Causing Copyright, Shyamkrishna Balganesh 2017 University of Pennsylvania Law School

Causing Copyright, Shyamkrishna Balganesh

Faculty Scholarship

Copyright protection attaches to an original work of expression the moment it is created and fixed in a tangible medium. Yet, modern copyright law contains no viable mechanism by which to examine whether someone is causally responsible for the creation and fixation of the work. Whenever the issue of causation arises, copyright law relies on its preexisting doctrinal devices to resolve the issue, in the process cloaking its intuitions about causation in altogether extraneous considerations. This Article argues that copyright law embodies an unstated, yet distinct theory of authorial causation, which connects the element of human agency to a work ...


Teva And The Process Of Claim Construction, Lee Petherbridge Ph.D., R. Polk Wagner 2017 Loyola Law School

Teva And The Process Of Claim Construction, Lee Petherbridge Ph.D., R. Polk Wagner

Faculty Scholarship

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court addressed an oft-discussed jurisprudential disconnect between itself and the U.S. Court of Appeals for the Federal Circuit: whether patent claim construction was “legal” or “factual” in nature, and how much deference is due to district court decisionmaking in this area. In this Article, we closely examine the Teva opinion and situate it within modern claim construction jurisprudence. Our thesis is that the Teva holding is likely to have only very modest effects on the incidence of deference to district court claim construction but that for unexpected reasons the ...


Interpreting Wisconsin Statutes, Daniel R. Suhr 2017 Marquette University Law School

Interpreting Wisconsin Statutes, Daniel R. Suhr

Marquette Law Review

"The seminal case on statutory interpretation in recent years is State ex rel. Kalal v. Circuit Court for Dane County, 2014 WI 58. . . . In Kalal, the court emphasized the importance of statutory text when it embraced the principle that a court's role is to determine what a statute means rather than determine what the legislature intended." - Wisconsin Supreme Court Justice David Prosser, 2014.


Humility In Criminal Justice: What It Might Invite Us To Reconsider, Dean A. Strang 2017 Marquette University Law School

Humility In Criminal Justice: What It Might Invite Us To Reconsider, Dean A. Strang

Marquette Law Review

Imagine how our system of criminal justice might look different if one value ascended in the system's hierarchy of values: humility. Day to day, in my work, I do not see much humility among police officers, defense lawyers, prosecutors, probation agents, and judges. This is noteworthy, given how unavoidability uncertain--or at least contestable or close--many of the outcomes in our trial and appellate courts are to an objective eye. Even when the basic facts on guilt are fairly certain, the right sentence often is not. I propose that humility is an essential value that, properly understood, is tied to ...


The Tragedy Of Justice Scalia, Mitchell N. Berman 2017 University of Pennsylvania Law School

The Tragedy Of Justice Scalia, Mitchell N. Berman

Faculty Scholarship

Justice Antonin Scalia was, by the time of his death last February, the Supreme Court’s best known and most influential member. He was also its most polarizing, a jurist whom most students of American law either love or hate. This essay, styled as a twenty-year retrospective on A Matter of Interpretation, Scalia’s Tanner lectures on statutory and constitutional interpretation, aims to prod partisans on both sides of our central legal and political divisions to better appreciate at least some of what their opponents see—the other side of Scalia’s legacy. Along the way, it critically assesses Scalia ...


The Circular Logic Of Actavis, Joshua B. Fischman 2017 American University Washington College of Law

The Circular Logic Of Actavis, Joshua B. Fischman

American University Law Review

No abstract provided.


The Battle Over U.S. Water: Why The Clean Water Rule "Flows" Within The Bounds Of Supreme Court Precedent, Ashleigh Allione 2017 American University Washington College of Law

The Battle Over U.S. Water: Why The Clean Water Rule "Flows" Within The Bounds Of Supreme Court Precedent, Ashleigh Allione

American University Law Review

No abstract provided.


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin 2017 Winthrop University

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


Combating The Ninth Circuit Judicial Vacancy Crisis, Carl W. Tobias 2017 University of Richmond

Combating The Ninth Circuit Judicial Vacancy Crisis, Carl W. Tobias

Law Faculty Publications

When Donald Trump became President, the United States Court of Appeals for the Ninth Circuit had four judicial vacancies that the Administrative Office of the U.S. Courts (AO) identified as “judicial emergencies.” The court also faces a larger caseload than all the other regional circuits, and has frequently decided appeals the least swiftly. The 2016 election returns indicate that more confirmations will be necessary due to additional court members’ probable retirement or assumption of senior status during President Trump’s administration. Striking politicization could frustrate this effort, however. Soon after the inauguration, President Trump signed a novel executive order ...


The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach 2017 University of Pennsylvania Law School

The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach

Faculty Scholarship

In Tyson Foods v. Bouaphakeo, a "donning and doffing" case brought under Iowa state law incorporating the Fair Labor Standards Act's overtime pay provisions, the petitioners asked the Supreme Court to reject the use of statistical evidence in Rule 23(b)(3) class certification. To its great credit, the Court refused. In its majority opinion, the Court cited both the Federal Rules of Evidence and federal common law interpreting the FLSA. In this paper, I take a moderately deep dive into the facts of the case, and the three opinions penned by Justice Kennedy (for the Court), Chief Justice ...


Truth And Politics: A Symposium On Peter Simpson's Political Illiberalism: A Defense Of Freedom., Gerard V. Bradley 2017 Notre Dame Law School

Truth And Politics: A Symposium On Peter Simpson's Political Illiberalism: A Defense Of Freedom., Gerard V. Bradley

Journal Articles

There is no more important question in thinking about life-and actually living-in political community than whether it is to be permeated by, and purposefully oriented around, the main truths about human flourishing. It is at least paradoxical that, precisely when the state and its law and political life are shaping people's lives more and more, the professed roots of all this influence are growing thinner, more shallow. Lawmakers who profess and in many cases even think they should be "neutral" about values are more involved with how persons' lives go than, perhaps, ever before.

Of course, any community which ...


Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez 2017 Barry University

Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez

Faculty Scholarship

No abstract provided.


Digital Commons powered by bepress