Law Commons^™

Pragmatic Indeterminacy, Anthony D'Amato

Faculty Working Papers

If, as a result of taking Indeterminacy seriously, we revolutionize the way we teach law and the way we select judges, then we will also revolutionize the way cases are litigated (because the new judges will expect to hear a different kind of argumentation) and the way people order their lives in anticipation of the way their disputes will be decided by these new judges.

There Is No Norm Of Intervention Or Non-Intervention In International Law, Anthony D'Amato

Faculty Working Papers

Comments on Prof. Jianming Shen's position that humanitarian intervention is unlawful under international law and that there is a principle of non-intervention in international law that is so powerful that it amounts to a jus cogens prohibition.

Legal Realism Explains Nothing, Anthony D'Amato

Faculty Working Papers

I argue that American legal realism as derived from Oliver Wendell Holmes's prediction theory of law was misinterpreted, and that a deeper examination of law-as-prediction might help to reduce the pathology of judicial lawmaking that has been the unfortunate consequence of legal realism.

The Speluncean Explorers--Further Proceedings, Anthony D'Amato

Faculty Working Papers

Lon L. Fuller's The Case of the Speluncean Explorers is a classic in jurisprudence. The case presents five judicial opinions which clash with each other and produce for the reader an exhilarating excursion into fundamental theories of law and the state and the role of courts vis-i-vis legislatures and executives. Though the issues articulated by Fuller are timeless, the past thirty years in jurisprudential scholarship have produced at least one major new vantage point—the "rights thesis".

The Limits Of Legal Realism, Anthony D'Amato

Faculty Working Papers

This article will address some criticisms of legal realism, primarily those of H.L.A. Hart, that have been unanswered in the literature and have appeared to discredit the realist approach to law. The article will also articulate what I believe to be more difficult problems with legal realism.

Legal Uncertainty, Anthony D'Amato

Faculty Working Papers

Legal certainty decreases over time. Rules and principles of law become more and more uncertain in content and in application because legal systems are biased in favor of unravelling those rules and principles. In this article I attempt to show what these biases are, and why commentators who have argued that the law tends toward certainty are wrong, then describe various attempts which have been made at restoring certainty, and why these attempts have generally not worked. My conclusion is that these proposals are at best holding actions, and that the tendency toward increasing uncertainty in the law is inexorable.

Is Equality A Totally Empty Idea?, Anthony D'Amato

Faculty Working Papers

Comments on Westen article The Empty Idea of Equality. The only way we know what direction to move in making reductions and increases in burdens is to have a concept of equality in mind. The only way we can know that one burden is 'great' and another burden is 'considerably lesser,' to use the words in Westen's standard, is to compare the burdens. But comparison presupposes a measure of equality, for we cannot know that one burden is greater than another unless we first have a concept of when the two burdens are equal. Westen's standard, therefore, is logically posterior …

Ua12/8 Annual Report, Wku Police

WKU Administration Documents

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.

"The Urban Praetor's Tribunal" In Spaces Of Justice In The Roman World, Eric Kondratieff

History Faculty Publications

"Book abstract: Despite the crucial role played by both law and architecture in Roman culture, the Romans never developed a type of building that was specifically and exclusively reserved for the administration of justice: courthouses did not exist in Roman antiquity. The present volume addresses this paradox by investigating the spatial settings of Roman judicial practices from a variety of perspectives. Scholars of law, topography, architecture, political history, and literature concur in putting Roman judicature back into its concrete physical context, exploring how the exercise of law interacted with the environment in which it took place, and how the spaces …

Ua12/8 Wku Police - Campus Security Report, 2008, Wku Police

WKU Administration Documents

This report is designed to provide students, potential students, parents, facility and staff with crime statistics and information on university services and crime prevention programs. These programs are designed to help inform our campus communities about safety practices that will help you reduce the risk of being a crime victim. I feel hat these lessons can give people information that they can carry with them beyond college and will help keep them safe for the rest of their lives.

The Torture Of Alleged Terrorists Necessary For Public Safety Or A Criminal Act?, Michaela Clark

Undergraduate Review

Torture is defined in a variety of ways by many different sources. According to the World Medical Association’s (WMA) Declaration of Tokyo, torture is defined as, “the deliberate, systematic, or wanton infliction of physical or mental suffering by one or more people acting alone or on the orders of any authority, to force another person to yield information, to make a confession, or for any other reason.” The Declaration of Tokyo was passed in 1975 and updated many times, most recently in 2006. This is a landmark document that has been used as a model for other medical statutes. The …

Ua12/8 Wku Police - Campus Security Report, 2009, Wku Police

WKU Administration Documents

This report is designed to provide students, potential students, parents, facility and staff with crime statistics and information on university services and crime prevention programs. These programs are designed to help inform our campus communities about safety practices that will help you reduce the risk of being a crime victim. I feel that these lessons can give people information that they can carry with them beyond college and will help keep them safe for the rest of their lives.

Higate (High Grade Anti-Tamper Equipment) Prototype And Application To E-Discovery, Yui Sakurai, Yuki Ashino, Tetsutaro Uehara, Hiroshi Yoshiura, Ryoichi Sasaki

Journal of Digital Forensics, Security and Law

These days, most data is digitized and processed in various ways by computers. In the past, computer owners were free to process data as desired and to observe the inputted data as well as the interim results. However, the unrestricted processing of data and accessing of interim results even by computer users is associated with an increasing number of adverse events. These adverse events often occur when sensitive data such as personal or confidential business information must be handled by two or more parties, such as in the case of e-Discovery, used in legal proceedings, or epidemiologic studies. To solve …

Pelaksanaan Hukum Islam Secara Kontekstual Di Indonesia : Analisis Terhadap Kompilasi Hukum Islam (Khi)., Abdul Muiz Khazin

Student Works (2010-2019)

This study focuses on the compilation of Islamic law (KHI) as a book of Islamic law in Islamic Family Law which is legalized the implementation of Islamic law in Indonesia through “The instruction of President No. 1. 1991“. The study based on solely on the library research by utilizing the descriptive analytical, historical and content analysis method in analyzing the collected data. Historically, the implementation of Islamic law in Indonesia has become faded and sometimes depends on local government authority. Initially, the relationship between the Traditions of Nusantara Archipelago and Islamic law has blended and became a law that lives …

Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz

Library Faculty Research

For a Camelot-era piece of legislation, the Wire Act has a long and unintended shadow. Used haltingly in the 1960s, when the Wire Act failed to deliver the death blow to organized crime, 1970’s Racketeer-Influenced and Corrupt Organizations Act (RICO) became a far better weapon against the mob. Yet starting in the 1990s, the Wire Act enjoyed a second life, when the Justice Department used to it prosecute operators of online betting Web sites that, headquartered in jurisdictions where such businesses were legal, took bets from American citizens. The legislative history of the Wire Act, however, suggests that it was …

Will The Real Elena Kagan Please Stand Up? Conflicting Public Images In The Supreme Court Confirmation Process, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

What images of judging did the Kagan confirmation process project?

My response to this question begins with a brief overview of existing public perceptions of the Supreme Court. I argue that a large portion of the public sees the justices as impartial arbiters who can be trusted to rule fairly. At the same time, a large portion of the public also sees the justices as political actors who are wrapped up in partisan disputes. Given these prevailing public views, we should expect the Kagan confirmation process to transmit contradictory images of judicial decisionmaking, with a portrait of judging as a …

Introduction To 'Queer Theory: Law, Culture, Empire', Robert Leckey, Kim Brooks

Articles, Book Chapters, & Popular Press

This is the introduction to an edited collection. The book uses queer theory to examine the complex interactions of law, culture, and empire in relation to sexual minorities. Building on recent work on empire, it studies how law-reform efforts by sexual minorities can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The book takes a contextual, socio-legal, comparative, and interdisciplinary approach. The authors - from five continents - study examples from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts - from cultural productions to laws and judgments - …

Jurors And Social Loafing: Factors That Reduce Participation During Jury Deliberations, Cynthia J. Najdowski

Psychology Faculty Scholarship

The American jury system rests on the fundamental assumption that jurors will engage in a thorough analysis of facts and robust debate to ensure that verdicts are reliable. Research demonstrates, however, that this expectation is rarely met. All jurors do not participate equally in deliberations. This may be explained in part by social loafing, or the withdrawal of effort that may occur when an individual works in a group relative to when the individual works alone. Despite evidence that jurors do not participate equally during jury deliberations, an analysis of factors contributing to participation, or the lack thereof, has not …

Legal Transitions And The Problem Of Reliance, David M. Hasen

Faculty Publications

This Article analyzes the literature on legal transitions. The principal focus is taxation, but the analysis generalizes to other areas. I argue that the theoretical apparatus developed by scholars active in the legal transitions area suffers from significant conceptual shortcomings. These shortcomings include the unwarranted assimilation of legal to factual change, the naturalization of conventional arrangements, and the disregard of the distinction between making law and finding it. As a consequence, the recent literature offers an analysis that is unable either to explain actual transitions or to provide an adequate theory of how legal change should take place. In the …

A Century Of Criminal Law And Criminology, Amy Deline

Journal of Criminal Law and Criminology

No abstract provided.

Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert

Journal of Criminal Law and Criminology

No abstract provided.

A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner

Journal of Criminal Law and Criminology

No abstract provided.

Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe

Journal of Criminal Law and Criminology

No abstract provided.

Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton

Journal of Criminal Law and Criminology

No abstract provided.

Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman

Journal of Criminal Law and Criminology

No abstract provided.

The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz

Journal of Criminal Law and Criminology

No abstract provided.

Offending Women: A Double Entendre, Joanne Belknap

Journal of Criminal Law and Criminology

No abstract provided.

Bill Clinton's Parting Pardon Party, Albert W. Alschuler

Journal of Criminal Law and Criminology

No abstract provided.

Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard

Journal of Criminal Law and Criminology

No abstract provided.

The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring

Journal of Criminal Law and Criminology

No abstract provided.