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Jurisprudence

2019

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Full-Text Articles in Law

Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy Dec 2019

Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy

Brooklyn Journal of International Law

The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war ...


The Unreasonableness Of Catholic Integralism, Micah Schwartzman, Jocelyn Wilson Dec 2019

The Unreasonableness Of Catholic Integralism, Micah Schwartzman, Jocelyn Wilson

San Diego Law Review

In this symposium contribution, we argue that Catholic integralism is unreasonable. Our conception of reasonableness is defined in terms of substantive moral and epistemic commitments to respecting the freedom and equality of citizens who hold a wide—but not unlimited—range of religious, ethical, and philosophical conceptions of the good. In arguing that Catholic integralism conflicts with this understanding of reasonableness, it might seem that we are begging the question against integralists. But our purpose here is not to engage integralists on their own terms. So far, the debate about integralism has been conducted mostly among Catholics and Christian conservatives ...


Setting Our Feet: The Foundations Of Religious And Conscience Protections, Hanna Torline Dec 2019

Setting Our Feet: The Foundations Of Religious And Conscience Protections, Hanna Torline

Notre Dame Law Review

This Note does not attempt to claim that religion and conscience are not moral equivalents, that they are not equally important, or that they do not require equal legal treatment. Nor does it attempt to claim the converse. Simply put, it argues that a consideration of the different foundations underlying conscience protections and religious protections should give pause to anyone arguing that the two are equivalent. This Note concludes that the rationales behind protecting religion and conscience are different enough to merit consideration in the debate. For if religion and conscience are treated as equivalents under the law, they will ...


Piecing Together Precedent: Fragmented Decisions From The Washington State Supreme Court, Rachael Clark Dec 2019

Piecing Together Precedent: Fragmented Decisions From The Washington State Supreme Court, Rachael Clark

Washington Law Review

For decades, countless jurisdictions have grappled with the ambiguous precedential weight of court decisions that lack a majority opinion. In American jurisprudence, applying a “majority,” “lead,” “concurrence,” or “dissent” label to an appellate court opinion indicates agreement or disagreement with the judgment of the case. When a decision is fragmented (that is, there is no majority opinion), courts often express the judgment of the court with one opinion labeled as the “plurality” or “lead” opinion. Traditionally, labeling an opinion as a “lead opinion” indicates that the reasoning expressed within the opinion has more support than the other opinions written for ...


Pepperdine University School Of Law Legal Summaries, Analise Nuxoll Nov 2019

Pepperdine University School Of Law Legal Summaries, Analise Nuxoll

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legislating Morality: Moral Theory And Turpitudinous Crimes In Immigration Jurisprudence, Abel Rodríguez, Jennifer A. Bulcock Nov 2019

Legislating Morality: Moral Theory And Turpitudinous Crimes In Immigration Jurisprudence, Abel Rodríguez, Jennifer A. Bulcock

Loyola of Los Angeles Law Review

Congress could have framed the country’s immigration policies in any number of ways. In significant part, it opted to frame them in moral terms. The crime involving moral turpitude is among the most pervasive and pernicious classifications in immigration law. In the Immigration and Nationality Act, it is virtually ubiquitous, appearing everywhere from the deportability and mandatory detention grounds to the inadmissibility and naturalization grounds. In effect, it acts as a gatekeeper for those who wish to enter and remain in the country, obtain lawful permanent residence, travel abroad after admission, or become United States citizens. With limited exceptions ...


Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson Nov 2019

Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson

St. Mary's Law Journal

Abstract forthcoming


'The Notion Of Subjective Or Unfettered Discretion Is Contrary To The Rule Of Law': Judicial Review Of Administrative Action In Singapore, Tan K. B. Eugene Nov 2019

'The Notion Of Subjective Or Unfettered Discretion Is Contrary To The Rule Of Law': Judicial Review Of Administrative Action In Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

This chapter examines the state of judicial deference in Singapore. For much of Singapore’s independent history, Singapore courts did not substantively engage with the issue of deference—until about a decade ago. While there is yet to be a general doctrine of deference in Singapore, the contours of the courts’ broad approach to deference can be discerned, which tends towards erring on the side of prudence and caution in the fair and just protection of governmental autonomy. In the last few years, rights protection has, arguably, been enhanced in judicial review. The courts have articulated a more robust approach ...


American Legion V. American Humanist Association, Seth T. Bonilla Oct 2019

American Legion V. American Humanist Association, Seth T. Bonilla

Public Land & Resources Law Review

The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.


An Intellectual History Of Mass Incarceration, Alice Ristroph Oct 2019

An Intellectual History Of Mass Incarceration, Alice Ristroph

Boston College Law Review

There is much criticism of America’s sprawling criminal system, but still insufficient understanding of how it has come to inflict its burdens on so many while seemingly accomplishing so little. This Article asks, as Americans built the carceral state, what were we thinking? The Article examines the ideas about criminal law that informed legal scholarship, legal pedagogy, and professional discourse during the expansion of criminal legal institutions in the second half of the twentieth century. In each of these contexts, criminal law was and still is thought to be fundamentally and categorically different from other forms of law in ...


Stranded Behind Bars: The Failure Of Retributive Justice (Research Materials), Holy Cross Libraries Oct 2019

Stranded Behind Bars: The Failure Of Retributive Justice (Research Materials), Holy Cross Libraries

Library Resources for Campus Events

A bibliography of resources available through the Holy Cross Libraries which provide additional information related to "Stranded Behind Bars: The Failure of Retributive Justice," a lecture by Erin Kelly, professor of philosophy at Tufts University and author of “The Limits of Blame: Rethinking Punishment and Responsibility” (Harvard University Press, 2018), who explains how retributive justice exaggerates the moral meaning of criminal guilt, normalizes excessive punishment, and distracts from shared responsibility for social injustice.

The lecture was sponsored by the Rev. Michael C. McFarland, S.J. Center for Religion, Ethics and Culture, and was held at the College of the Holy ...


Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips Oct 2019

Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips

Victoria Phillips

No abstract provided.


The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak Oct 2019

The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak

Conference: The Social Practice of Human Rights

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the rights to life, highest attainable standard of physical and mental health, adequate standard of living, adequate food, clean water and sanitation, housing, culture, freedom of expression and association, information and education, participation, effective remedies, and the rights of indigenous peoples. Without adequate ...


Flor Freire V. Ecuador, Raymond Chavez Oct 2019

Flor Freire V. Ecuador, Raymond Chavez

Loyola of Los Angeles International and Comparative Law Review

This case is about the discharge from duty of a Second Lieutenant of the Ecuadorian army who had been accused of engaging in homosexual conduct. The Court found violation of several articles of the American Convention. The violation of the prohibition of discrimination is the most significant one.


Marshall As A Judge, Robert Post Oct 2019

Marshall As A Judge, Robert Post

Fordham Law Review

Marshall is a towering and inspirational figure in the history of American constitutional law. He changed American life forever and unquestionably for the better. But the contemporary significance of Marshall’s legacy is also, in ways that challenge present practices and beliefs, ambiguous.


Learning From Feminist Judgments: Lessons In Language And Advocacy, Bridget J. Crawford, Linda L. Berger, Kathryn M. Stanchi Oct 2019

Learning From Feminist Judgments: Lessons In Language And Advocacy, Bridget J. Crawford, Linda L. Berger, Kathryn M. Stanchi

Elisabeth Haub School of Law Faculty Publications

This essay offers a perspective-shifting approach to meeting some of our pedagogical goals in law school: the study of re-imagined judicial decisions. Our thesis is that exposing students to “alternative judgments”—opinions that have been rewritten by authors who look at the law and the facts differently—will help students develop a more realistic and nuanced view of judicial decision-making: one that is aspirational and based in the real world, and one that allows them to envision their futures as successful advocates. The “alternative judgments” of the feminist judgments projects can enrich the law-school experience in multiple ways. First, seeing ...


Bankruptcy’S Class Act: Class Proofs Of Claim In Chapter 11, Tori Remington Oct 2019

Bankruptcy’S Class Act: Class Proofs Of Claim In Chapter 11, Tori Remington

Dickinson Law Review

When a business files for protection under Chapter 11 bankruptcy, it must begin to pay off its debt by reorganizing or liquidating its assets. Oftentimes, both processes include terminating employees to reduce the business’s expenditures. As a result of these terminations, former employees might file a “class proof of claim” against the business to preserve any claims of unpaid wages or violations of federal law.

Whether a group may file a class proof of claim against a debtor in bankruptcy remains unclear. The Tenth Circuit has rejected the class proof of claim in bankruptcy. The remaining circuit courts that ...


Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee Oct 2019

Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee

Upper Level Writing Requirement Research Papers

No abstract provided.


Righting The Ship: What Courts Are Still Getting Wrong About Electronic Discovery, Tanya Pierce Oct 2019

Righting The Ship: What Courts Are Still Getting Wrong About Electronic Discovery, Tanya Pierce

Faculty Scholarship

What happens when law changes but courts and lawyers ignore the changes? On December 1, 2015, amendments to the Federal Rules of Civil Procedure went into effect. One of those amendments includes a sweeping change to Rule 37(e), dealing with the availability of sanctions in federal courts for lost or destroyed electronically stored information (ESI). In the last few years, however, a number of courts have interpreted the amended rule in ways at odds with its plain language and underlying policies, and a surprising number of courts continue to ignore the amended rule altogether. This article examines those trends ...


Supreme Silence And Precedential Pragmatism: King V. Burwell And Statutory Interpretation In The Federal Courts Of Appeals, Michael J. Cedrone Oct 2019

Supreme Silence And Precedential Pragmatism: King V. Burwell And Statutory Interpretation In The Federal Courts Of Appeals, Michael J. Cedrone

Georgetown Law Faculty Publications and Other Works

This Article studies statutory interpretation as it is practiced in the federal courts of appeal. Much of the academic commentary in this field focuses on the Supreme Court, which skews the debate and unduly polarizes the field. This Article investigates more broadly by looking at the seventy-two federal appellate cases that cite King v. Burwell in the two years after the Court issued its decision. In deciding that the words “established by the State” encompass a federal program, the Court in King reached a pragmatic and practical result based on statutory scheme and purpose at a fairly high level of ...


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor Sep 2019

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor

Seattle University Law Review

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives—and their emergency management law enforcement actors—when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I choose ...


The Radical Feminist Defense Of Individualism, Cynthia V. Ward Sep 2019

The Radical Feminist Defense Of Individualism, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.


A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward Sep 2019

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.


Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney Sep 2019

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Thomas J. McSweeney

One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...


The Unruliness Of Rules, Peter A. Alces Sep 2019

The Unruliness Of Rules, Peter A. Alces

Peter A. Alces

No abstract provided.


Regret And Contract "Science", Peter A. Alces Sep 2019

Regret And Contract "Science", Peter A. Alces

Peter A. Alces

No abstract provided.


Shining A Light On Maryland's Solar Energy Market & Its Renewable Energy Policies, John Gekas Sep 2019

Shining A Light On Maryland's Solar Energy Market & Its Renewable Energy Policies, John Gekas

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Up The Creek Without A Paddle: Consequences For Failing To Protect Prisoners During A Natural Disaster, Rachel Shaw Sep 2019

Up The Creek Without A Paddle: Consequences For Failing To Protect Prisoners During A Natural Disaster, Rachel Shaw

Environmental and Earth Law Journal (EELJ)

No abstract provided.


The "Stunning" Reality Behind Halal Meat Production, Axl Campos Kaminski Sep 2019

The "Stunning" Reality Behind Halal Meat Production, Axl Campos Kaminski

Environmental and Earth Law Journal (EELJ)

No abstract provided.