Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- St. Mary's University (885)
- Yeshiva University, Cardozo School of Law (858)
- University of Michigan Law School (385)
- Seattle University School of Law (309)
- University of Nebraska - Lincoln (309)
-
- UIC School of Law (290)
- University of New Mexico (255)
- Maurer School of Law: Indiana University (226)
- Touro University Jacob D. Fuchsberg Law Center (226)
- University of Colorado Law School (212)
- Georgetown University Law Center (204)
- American University Washington College of Law (177)
- BLR (175)
- Pepperdine University (167)
- Barry University School of Law (166)
- Notre Dame Law School (165)
- Vanderbilt University Law School (158)
- Saint Joseph University of Beirut (149)
- University of Georgia School of Law (138)
- Universitas Indonesia (132)
- Texas A&M University School of Law (127)
- Northwestern Pritzker School of Law (125)
- University of Miami Law School (116)
- Villanova University Charles Widger School of Law (116)
- New York Law School (105)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (104)
- Brooklyn Law School (103)
- Fordham Law School (98)
- Washington and Lee University School of Law (97)
- Cornell University Law School (96)
- Keyword
-
- Jurisprudence (1390)
- St. Mary’s University School of Law (397)
- St. Mary’s Law Journal (395)
- Supreme Court (268)
- Constitutional law (223)
-
- Constitution (213)
- Constitutional Law (207)
- Judges (189)
- Law (186)
- United States Supreme Court (182)
- Courts (141)
- First Amendment (130)
- Judicial review (126)
- Law and Society (111)
- Legislation (110)
- Legal History (99)
- Legal theory (97)
- Statutory interpretation (96)
- Inc. (87)
- Justice (87)
- Criminal law (84)
- Originalism (84)
- Due process (83)
- Federalism (82)
- Evidence (79)
- Fourteenth Amendment (76)
- Legal history (76)
- International Law (73)
- Federal courts (72)
- Stare decisis (71)
- Publication Year
- Publication
-
- St. Mary's Law Journal (856)
- Cardozo Law Review (483)
- Faculty Scholarship (425)
- Articles (301)
- Court Review: Journal of the American Judges Association (297)
-
- Seattle University Law Review (294)
- UIC Law Review (277)
- United States - Mexico Law Journal (1993-2005) (253)
- Michigan Law Review (247)
- Georgetown Law Faculty Publications and Other Works (198)
- Publications (198)
- Touro Law Review (171)
- ExpressO (170)
- Scholarly Works (159)
- Proche-Orient, Études juridiques (149)
- Journal Articles (128)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Indiana Law Journal (118)
- Barry Law Review (109)
- Faculty Publications (99)
- Vanderbilt Law Review (95)
- Journal of Legal Education (91)
- Pepperdine Law Review (86)
- UAEU Law Journal (80)
- Akron Law Review (79)
- Cornell Law Faculty Publications (74)
- Washington and Lee Law Review (74)
- Articles by Maurer Faculty (72)
- Northwestern University Law Review (72)
- Maine Law Review (70)
- Publication Type
Articles 7531 - 7560 of 9303
Full-Text Articles in Law
Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack
Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack
St. Mary's Law Journal
Addressing Congressional woes requires reform. Entrenched incumbency is a detriment to the legislative system. Although the enactment of initiatives restricting Congressional terms limits signal voters agree, better alternatives exist. The only prerequisites found in the Constitution for serving in Congress are age, residency, and citizenship. While the twenty-second amendment proscribes the presidential office limit maximum as two terms, no such limitations exist for a congressman or congresswoman. Sitting incumbents have substantial advantages over their challengers. Incumbents success ratio exceeds 80% in Senate races and is approximately 90% for elections in the House of Representatives. Congressional term limitations attempt to eliminate …
Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder
Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder
Cardozo Journal of Equal Rights & Social Justice
The article explores the contentious debate over the decriminalization of prostitution, examining whether it represents liberalization or dehumanization. It highlights the complexities of the issue, emphasizing that decriminalization is not a straightforward solution but rather a deeply contested and multifaceted question. The discussion underscores the need to consider the ethical, legal, and societal implications of prostitution, particularly its impact on women, who are disproportionately affected by both the practice and its criminalization.
Silence And The Word, Paul Campos
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
Publications
No abstract provided.
Three Mistakes About Interpretation, Paul Campos
Clerks In The Maze, Pierre Schlag
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Publications
No abstract provided.
The Habeas Hagioscope, Larry Yackle
The Habeas Hagioscope, Larry Yackle
Faculty Scholarship
If you would understand American law, American politics, and the elusive difference between the two, look no further. Federal habeas corpus for state prisoners opens a window on the workings of our national government, overt and covert. I mean in this Article to describe the scene that is revealed. A rich account of experience in recent years can contribute to a deeper understanding of our government by arranging the players and the set in context and sequence. The record will show a number of things to be true.
Framing A Texas Bill Of Rights Argument., James C. Harrington
Framing A Texas Bill Of Rights Argument., James C. Harrington
St. Mary's Law Journal
As federal courts have allowed individual rights to diminish, the Texas judiciary nurtures state constitutional jurisprudence. Texas has a unique history requiring special care in approaching the construction and presentation of arguments utilizing the Texas Constitution or Texas Bill of Rights. The state constitution evolved over six revisions resulting with the eventual ratification of the final version in 1876. A confluence of goals ultimately resulted in a document where the bill of rights appears in Article I and by specifically framing individual liberties as affirmative rights rather than restrictions of government power. Four modes of interpretation are typically employed when …
Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr.
Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr.
St. Mary's Law Journal
Knowing who owns what suddenly became important in Russia because of dramatic economic and market reforms of the Yeltsin government. The transfer of property, from the state to the private sector is at the heart of the reforms. It is generally recognized the “foundations of a market-based economic system are property rights and private ownership.” The purposes of this article are to (1) summarize reforms which successfully introduced a scheme of private ownership in Russia, as demonstrated by the Nizhny Novgorod experiment, and (2) discuss those property rights which remain unclear. Accordingly, the second and third parts of the article …
Judging In The Quiet Of The Storm., Shirley S. Abrahamson
Judging In The Quiet Of The Storm., Shirley S. Abrahamson
St. Mary's Law Journal
Justice Benjamin Cardozo evaluates the elements he believes motivate judges in deciding cases in The Nature of the Judicial Process. Judge Cardozo focuses primarily on common-law courts deciding common-law cases. Although state-court dockets cover a wider variety of topics today and the legal landscape has changed, The Nature of the Judicial Process remains influential. The basis of Judge Cardozo’s approach is to first extract principles from past cases and apply them to new fact situations. Cardozo refers to this process as the method of philosophy. As precedent cannot readily solve all new disputes, this process may require judges select from …
The Great Speech Perspective., Jon Larsen Shudlick
The Great Speech Perspective., Jon Larsen Shudlick
St. Mary's Law Journal
Abstract Forthcoming.
Jurors May Not Pose Written Questions To Witnesses In Criminal Cases., Mark C. Robertson Ii
Jurors May Not Pose Written Questions To Witnesses In Criminal Cases., Mark C. Robertson Ii
St. Mary's Law Journal
Abstract Forthcoming.
A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley
A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley
St. Mary's Law Journal
This Comment will show there is no merit to the argument the Eighth Amendment prohibits the imposition of capital punishment on all persons considered mentally retarded. This Comment begins with an overview of the historical treatment of mental disabilities, articulating the levels of mental deficiency required for exculpation of criminal responsibility. Next, this Comment discusses the characteristics of persons with mental retardation. This Comment will also discuss the recently enacted statutes’ use of I.Q. tests for determinations of mental retardation. In analyzing these statutes, it becomes apparent a person’s I.Q. should not be prima-facie proof of mental retardation, although state …
German Constitutional Culture In Transition, Bernhard Schlink
German Constitutional Culture In Transition, Bernhard Schlink
Cardozo Law Review
No abstract provided.
Hermeneutics And Constitutional Interpretation, Aharon Barak
Hermeneutics And Constitutional Interpretation, Aharon Barak
Cardozo Law Review
No abstract provided.
The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman
The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman
American University Law Review
No abstract provided.
Developing A Tribal Common Law Jurisprudence: The Navajo Experience 1969-1992, Daniel L. Lowery
Developing A Tribal Common Law Jurisprudence: The Navajo Experience 1969-1992, Daniel L. Lowery
American Indian Law Review
No abstract provided.
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
What Is Therapeutic Jurisprudence?, Michael L. Perlin
What Is Therapeutic Jurisprudence?, Michael L. Perlin
Articles & Chapters
No abstract provided.
Sanism, Social Science, And The Development Of Mental Disability Law Jurisprudence, Michael L. Perlin, D.A. Dorfman
Sanism, Social Science, And The Development Of Mental Disability Law Jurisprudence, Michael L. Perlin, D.A. Dorfman
Articles & Chapters
This article examines the way that "sanist" attitudes (attitudes driven by the same kind of irrational, unconscious and bias-driven stereotypes exhibited in racist and sexist decisionmaking) lead to "pretextual" decisions (in which dishonest testimony is either explicitly or implicitly accepted) in mental disability law jurisprudence. In conjunction with these sanist ends, social science data is teleologically employed by legal decisionmakers, so that it is privileged when it supports a conclusion that the fact-finder wishes to reach but subordinated when it questions such a conclusion. The article examines recent Supreme Court cases in an effort to determine the extent of domination …
Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three-Pronged Test?, Thomas A. Schweitzer
Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three-Pronged Test?, Thomas A. Schweitzer
Touro Law Review
No abstract provided.