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Articles 1 - 13 of 13
Full-Text Articles in Law
A Philosophical Defense Of Judicial Minimalism, Cory A. Evans
A Philosophical Defense Of Judicial Minimalism, Cory A. Evans
Dissertations, Theses, and Capstone Projects
This dissertation analyzes, criticizes and ultimately defends judicial minimalism, a contemporary theory of judging that has come to the forefront of American jurisprudence in the early part of the 21st Century. In this dissertation I offer the first formal definition of judicial minimalism, apply that definition to case law and the literature, refute many objections to judicial minimalism including objections based on tough case counterexamples, offer a new version of the argument of epistemic humility and offer a new argument in support of judicial minimalism from the perspective of law and economics.
Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar
Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar
Dissertations, Theses, and Capstone Projects
The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.
In addition, the paper has three subsidiary objectives. The …
Forecasting The Senate Vote On The Supreme Court Vacancy, Scott J. Basinger, Maxwell Mak
Forecasting The Senate Vote On The Supreme Court Vacancy, Scott J. Basinger, Maxwell Mak
Publications and Research
This paper forecasts current senators’ votes on Merrick Garland’s nomination to the U.S. Supreme Court, in the unlikely case that a vote actually takes place. The forecasts are necessarily conditional, awaiting measurement of the nominee’s characteristics. Nonetheless, a model that combines parameters estimated from existing data with values of some measurable characteristics of senators—particularly their party affiliations, party loyalty levels, and ideological positions—is sufficient to identify potential swing voters in the Senate. By accounting for a more nuanced and refined understanding of the confirmation process, our model reveals that if President Obama were to nominate almost any nominee (conservative or …
Twin Pillars Of Judicial Philosophy: The Impact Of The Ginsburg Collegiality And Gender Discrimination Principles On Her Separate Opinions Involving Gender Discrimination, Rebecca L. Barnhart, Deborah Zalesne
Twin Pillars Of Judicial Philosophy: The Impact Of The Ginsburg Collegiality And Gender Discrimination Principles On Her Separate Opinions Involving Gender Discrimination, Rebecca L. Barnhart, Deborah Zalesne
City University of New York Law Review
No abstract provided.
Real Differences And Stereotypes - Two Visions Of Gender, Citizenship, And International Law, M. Isabel Medina
Real Differences And Stereotypes - Two Visions Of Gender, Citizenship, And International Law, M. Isabel Medina
City University of New York Law Review
No abstract provided.
Returning The Language Of Fairness To Equal Protection: Justice Ruth Bader Ginsburg's Affirmative Action Jurisprudence In Grutter And Gratz And Beyond Celebrating The Jurisprudence Of Justice Ruth Bader Ginsburg, Shira Galinsky
City University of New York Law Review
No abstract provided.
Ruth Bader Ginsburg: An Annotated Bibliography, Sarah E. Valentine
Ruth Bader Ginsburg: An Annotated Bibliography, Sarah E. Valentine
City University of New York Law Review
No abstract provided.
Introduction: Learning To Listen To Ruth Bader Ginsburg, Linda Greenhouse
Introduction: Learning To Listen To Ruth Bader Ginsburg, Linda Greenhouse
City University of New York Law Review
No abstract provided.
Remarks Of Ruth Bader Ginsburg, March 11, 2004, Cuny School Of Law, Ruth Bader Ginsburg
Remarks Of Ruth Bader Ginsburg, March 11, 2004, Cuny School Of Law, Ruth Bader Ginsburg
City University of New York Law Review
No abstract provided.
Scrupulous In Applying The Law: Justice Ruth Bader Ginsburg And Capital Punishment, Sidney Harring, Jeffrey L. Kirchmeier
Scrupulous In Applying The Law: Justice Ruth Bader Ginsburg And Capital Punishment, Sidney Harring, Jeffrey L. Kirchmeier
City University of New York Law Review
No abstract provided.
Joseph Hodges Choate (1832-1917), Janet Butler Munch
Joseph Hodges Choate (1832-1917), Janet Butler Munch
Publications and Research
Joseph Hodges Choate (1832-1917) was a trial lawyer and diplomat.
Positive Political Theory And The Study Of U.S. Supreme Court Decision Making: Understanding The Sex Discrimation Cases, Lee Epstein, Thomas G. Walker
Positive Political Theory And The Study Of U.S. Supreme Court Decision Making: Understanding The Sex Discrimation Cases, Lee Epstein, Thomas G. Walker
City University of New York Law Review
No abstract provided.