A Prudential Take On A Prudential Takings Doctrine,
2018
Duke University Law School
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
Michigan Law Review Online
The Supreme Court is set to decide a case requesting reconsideration of a doctrine that has long bedeviled constitutional litigants and commentators. The case is Knick v. Township of Scott, and the doctrine is the “ripeness” rule from Williamson County Regional Planning Commission v. Hamilton Bank that plaintiffs seeking to raise takings claims under the Fifth Amendment must pursue state-created remedies first—the so-called “compensation prong” (as distinguished from a separate “takings prong”). This Essay argues that to put the compensation prong in the best light possible, the Court should view the requirement as a “prudential” rule rather than (as it …
The Supreme Court And The Federal Circuit Turn Patent Infringement Venue Jurisprudence Upside Down,
2018
American University Washington College of Law
The Supreme Court And The Federal Circuit Turn Patent Infringement Venue Jurisprudence Upside Down, Robert Tapparo
American University Business Law Review
No abstract provided.
Law Library Blog (January 2018): Legal Beagle's Blog Archive,
2018
Roger Williams University
Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Community Dignity Takings: Dehumanization And Infantilization Of Communities Resulting From The War On Drugs,
2018
Wayne State University
Community Dignity Takings: Dehumanization And Infantilization Of Communities Resulting From The War On Drugs, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
Communitarianism And The Roberts Court: The Sequel,
2018
Wayne State University
Communitarianism And The Roberts Court: The Sequel, Robert M. Ackerman, Adam G. Winn
Law Faculty Research Publications
No abstract provided.
A Rule Of Persons, Not Machines: The Limits Of Legal Automation,
2018
University of Maryland Francis King Carey School of Law
A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Dethroning The Hierarchy Of Authority,
2018
University of Colorado Law School
Dethroning The Hierarchy Of Authority, Amy J. Griffin
Publications
The use of authority in legal argument is constantly evolving—both the types of information deemed authoritative and their degree of authoritativeness—and that evolution has accelerated in recent years with dramatic changes in access to legal information. In contrast, the uncontroversial and ubiquitous “hierarchy of authority” used as the cornerstone for all legal analysis has remained entirely fixed. This article argues that the use of the traditional hierarchy as the dominant model for legal authority is deeply flawed, impeding a deeper understanding of the use of authority in legal argument. Lawyers, judges, and academics all know this, and yet no scholarly …
Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis,
2018
Seattle University School of Law
Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
Scholarly Works
In this multi-vocal Afterword, we reflect-personally and collectively to help chart renewed agendas toward and through a third decade of LatCrit theory, community, and praxis. This personal collective exercise illustrates and reconsiders the functions, guideposts, values, and postulates for our shared programmatic work a framework for our daily work as individuals and teams through our portfolio of projects, which in turn emerged as a "reflection and projection of LatCrit theory, community and praxis." These early anchors expressly encompassed (1) a call to recognize and accept the inevitable political nature of U.S. legal scholarship; (2) a concomitant call toward anti-subordination praxis …
The Free Exercise Clause, Minority Faiths, And The Possibility Of Religious Independence After Rawlsian Liberalism,
2018
University of Kentucky
The Free Exercise Clause, Minority Faiths, And The Possibility Of Religious Independence After Rawlsian Liberalism, David Charles Scott
Theses and Dissertations--Philosophy
The conversation to which my dissertation belongs is that which preoccupied John Rawls in Political Liberalism, namely: (1) how it is possible that a religiously and morally pluralistic culture like ours lives cooperatively from one generation to the next, and (2) The extent to which religious or moral convictions are appropriate bases for political action. My three-essay dissertation is about aspects of this investigation that affect minority or non-mainstream religious and cultural groups, since legal institutions, and theoretical models of them (such as Rawls’s and Ronald Dworkin’s) are in many ways ill-suited to accommodate their ways of life. In the …
The Tragedy Of Lutheran Jurisprudence,
2018
Sheridan College
The Tragedy Of Lutheran Jurisprudence, Augusto Zimmermann
The University of Notre Dame Australia Law Review
The teachings of Martin Luther (1483–1546) launched the Protestant Reformation in the 16th century. Luther believed in a discontinuity between God and humans that makes it impossible to provide an account of morality by reference to natural law. Rather, Lutheran jurisprudence rejects natural-law theory and it largely remains in the shadows of narrow legal positivism. According to Lutheran jurisprudence, lawfully promulgated decrees are laws even if they are completely arbitrary in their purpose and effect. Luther derived his doctrine on civil government exclusively from Chapter 13 of St Paul’s Epistle to the Romans. He saw in this passage no legitimate …
Judicial Appointments In The United States And Australia -- A Comparison,
2018
Sixth Floor
Judicial Appointments In The United States And Australia -- A Comparison, Murray Tobias Qc
The University of Notre Dame Australia Law Review
No abstract provided.
Federal Circuit Jurisdiction: Looking Back And Thinking Forward,
2018
Harvard Law School
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
American University Law Review
No abstract provided.
Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment,
2018
Elisabeth Haub School of Law at Pace University
Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
The word “feminism” means different things to its many supporters (and undoubtedly, to its detractors). For some, it refers to the historic struggle: first to realize the right of women to vote and then to eliminate explicit discrimination against women from the nation's laws. For others, it is a political movement, the purpose of which is to raise awareness about and to overcome past and present oppression faced by women. For still others, it is a philosophy--a system of thought--and a community of belief centering on attaining political, social, and economic equality for women, men, and people of any gender. …
Patent Eligibility's Doctrinal Exclusions... Lately, A Scary Movie Too Difficult To Watch: Concrete Solutions And Suggestions,
2018
Marquette University Law School
Patent Eligibility's Doctrinal Exclusions... Lately, A Scary Movie Too Difficult To Watch: Concrete Solutions And Suggestions, Kristy J. Downing
Marquette Intellectual Property Law Review
Patent eligible subject matter is defined by the legislature’s 35 U.S.C. § 101 to include “any new and useful process, machine, manufacture or composition of matter.” Since the nineteenth century, however, United States (U.S.) courts have considered certain otherwise eligible subject matter excludable from patent protection. The judiciary’s doctrinal exclusions’ purpose was to protect fundamental building blocks to science and useful arts ensuring that such information could not be monopolized by one entity. Presently, however, the judicial exclusions have been used to exclude fewer fundamental building blocks and more ordinary brick-and-mortar innovations after two U.S. supreme court decisions (Mayo …
The Debate That Never Should Have Been: Dworkin, Hart, And The Analytical Project,
2018
Osgoode Hall Law School of York University
The Debate That Never Should Have Been: Dworkin, Hart, And The Analytical Project, Allan C. Hutchinson
Articles & Book Chapters
As with most other things, the fortunes of jurisprudence ebb and flow. After an extended period of scholarly dominance, the past few years have witnessed a relative decline in its significance and prominence. This is no bad thing because jurisprudence has been trapped in an increasingly narrow debate characterized by its esoteric confines and analytical ambitions-what is the nature of law? There appeared to be a brief moment when other more expansive and less restrictive options for disciplinary development seemed possible. However, any reports of the demise of analytical jurisprudence now seem premature: the posthumous publication of a dated essay …
Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom,
2018
Claremont Colleges
Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique
Scripps Senior Theses
Given the ever-growing body of evidence surrounding implicit bias in and beyond the institution of the law, there is an equally growing need for the law to respond to the accurate science of prejudice in its aspiration to objective practice and just decision-making. Examined herein are the existing legal conceptualizations of implicit bias as utilized in the courtroom; implicit bias as peripheral to law and implicit bias as effectual in law, but not without active resolution. These views and the interventional methods, materials, and procedures they inspire are widely employed to appreciably “un-bias” legal actors and civic participants; however, without …
Free Trade, Fair Trade, And Selective Enforcement,
2018
Duke Law School
Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer
Faculty Scholarship
No abstract provided.
Justice As Harmony: The Distinct Resonance Of Chief Justice Beverley Mclachlin's Juridical Genius,
2018
Allard School of Law at the University of British Columbia
Justice As Harmony: The Distinct Resonance Of Chief Justice Beverley Mclachlin's Juridical Genius, Marcus Moore
All Faculty Publications
Chief Justice McLachlin’s juridical work has earned special praise, but what specifically distinguishes it among the work of other leading jurists has proven elusive for lawyers and social scientists to identify. My experience as a law clerk to McLachlin CJC suggested a distinct approach never comprehensively articulated, but intuitively well-known and widely-emulated among those in her sphere of influence. Drawing on the Chief Justice’s public lectures—where she often explained and offered deeper reflection on the McLachlin Court’s defining jurisprudence—I make the case in this article that at the heart of that approach is a quality best described as the pursuit …
The United States As An Idea: Constitutional Reflections,
2018
Duke Law School
The United States As An Idea: Constitutional Reflections, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Recovering Wagner V. International Railway Company,
2018
Touro University Jacob D. Fuchsberg Law Center
Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White
Touro Law Review
No abstract provided.
