Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (153)
- Civil Rights and Discrimination (151)
- Courts (151)
- Social and Behavioral Sciences (145)
- Legal Education (125)
-
- Law and Society (123)
- International Law (115)
- Supreme Court of the United States (97)
- Criminal Law (87)
- Intellectual Property Law (83)
- Legal Profession (72)
- Jurisprudence (69)
- Legal History (64)
- Tax Law (62)
- Arts and Humanities (59)
- Environmental Law (57)
- Health Law and Policy (56)
- Human Rights Law (55)
- Military, War, and Peace (52)
- Law and Gender (51)
- Business Organizations Law (50)
- Criminal Procedure (49)
- Labor and Employment Law (49)
- Political Science (49)
- Banking and Finance Law (47)
- Judges (47)
- Law and Economics (47)
- Religion Law (47)
- First Amendment (46)
- Institution
- Keyword
-
- St. Mary's University School of Law (399)
- St. Mary’s University School of Law (193)
- Supreme Court (83)
- Jurisprudence (71)
- Vincent Johnson (52)
-
- Bankruptcy (46)
- Philosophy (43)
- Jeffrey Addicott (38)
- Michael Ariens (38)
- Constitutional law (35)
- Congress (33)
- Criminal law (32)
- Jr. (29)
- United States Supreme Court (29)
- David Schlueter (28)
- Legal ethics (28)
- Copyright (27)
- Texas Supreme Court (27)
- Book review (26)
- International law (26)
- Ethics (25)
- Property (25)
- Administrative law (24)
- Contracts (24)
- Legal education (24)
- Litigation (24)
- Texas (24)
- Arbitration (23)
- Discrimination (23)
- Intellectual property (23)
Articles 1651 - 1680 of 2493
Full-Text Articles in Law
The Sojourner’S Truth And Other Stories, Robert S. Chang
The Sojourner’S Truth And Other Stories, Robert S. Chang
Faculty Articles
In this introductory essay to a cluster of articles on Migrations, Citizens, and Latinas/os, Professor Chang frames the work of Ruben Garcia, Camille Nelson, and Victor Romero as setting forth what might be described as truths that can be learned from the sojourner/immigrant. This essay argues that the sojourner/immigrant's contributions to U.S. society are often ignored or discounted, which may be due to a willful amnesia because we do not want to think about what we might owe the sojourner/immigrant with regard to her entry into the United States, her stay, and her departure.
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Faculty Articles
Beginning in the mid-1990s, Cuba embarked upon a transformation of the agricultural sector that has been hailed by some observers as a model of socially equitable and ecologically sustainable agriculture. Cuba shifted from an export-oriented, chemical-intensive agricultural development strategy to one that promoted organic agriculture and encouraged production for the domestic market. This article places Cuba's agricultural reforms in historical context by examining the evolution of Cuban agriculture from the colonial period until the present through the lens of food security and ecological sustainability. The article argues that Cuba, for most of its history, was food insecure and ecologically compromised …
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
Faculty Articles
No abstract provided.
The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman
The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman
Faculty Articles
Tort liability has undergone an enormous expansion in the past 40 years. So too has the effective hourly rate obtained by plaintiff lawyers which has increased well over 1000% in that time frame (adjusted for inflation). That the enormous increases in effective hourly rates parallel the enormous expansion in tort liability raises a number of issues. In this article, I examine one of them: whether the market for contingent fee-financing of tort litigation is price competitive. To do so, I examine certain indicia of a noncompetitive market including the fact of uniform pricing, the absence of economic justification for uniform …
Was Spinoza A Jewish Philosopher, J. David Bleich
Was Spinoza A Jewish Philosopher, J. David Bleich
Faculty Articles
No abstract provided.
The Traumatic Dimension In Law, David G. Carlson
The Traumatic Dimension In Law, David G. Carlson
Faculty Articles
This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …
The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson
The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson
Faculty Articles
No abstract provided.
Hegel’S Theory Of Measure, David G. Carlson
Hegel’S Theory Of Measure, David G. Carlson
Faculty Articles
The final segment in Hegel's analysis of "being" is measure - the unity of quality and quantity. At stake in these chapters is the difference between quantitative and qualitative change. A being or thing is indifferent to quantitative change, which comes from the outside. For instance, a legislature can increase the stringency of zoning regulations, and yet the legislation is still constitutional "zoning." But there comes a point at which quantitative change effects a qualitative change - zoning becomes an uncompensated "taking" of property. This paper analyzes how Hegel, in the "Science of Logic," derives measure from the categories of …
A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler
A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler
Faculty Articles
No abstract provided.
Democracy Realized One Classroom At A Time, Peter Goodrich
Democracy Realized One Classroom At A Time, Peter Goodrich
Faculty Articles
No abstract provided.
The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich
The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich
Faculty Articles
No abstract provided.
Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam
Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam
Faculty Articles
No abstract provided.
Nietzsche And Aretaic Legal Theory, Kyron Huigens
Nietzsche And Aretaic Legal Theory, Kyron Huigens
Faculty Articles
No abstract provided.
Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson
Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson
Faculty Articles
In his Tractatus Theologico-Politicus (1670), Spinoza mounts an attack on authority in all its forms, including the authority of law and the state. Because authority in all its forms is a product of the imagination, obligation can never be justified. The subjects of Spinoza's commonwealth have no duties, only rights. Spinoza replaces the authority of the commonwealth with the welfare of subjects as the sign and the source of the commonwealth's flourishing. Spinoza was thus the first to propose that the only way for commonwealths to maintain the illusion of authority is by attending to the welfare of their citizens.
Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price
Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price
Faculty Articles
No abstract provided.
Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld
Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld
Faculty Articles
The United States protects much hate speech that is banned in other Western constitutional democracies and under international human rights covenants and conventions. In the United States, only hate speech that leads to "incitement to violence" can be constitutionally restricted, while under the alternative approach found elsewhere, bans properly extend to hate speech leading to "incitement to hatred." The article undertakes a comparative analysis in light of changes brought by new technologies, such as the internet, which allow for worldwide spread of protected hate speech originating in the United States. After evaluating the respective doctrines, arguments and values involved, the …
Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld
Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld
Faculty Articles
Tolerance and pluralism seem to draw on the same criterion of legitimacy. The liberal case for tolerance, however, leads to a series of paradoxes, including Popper's paradox of tolerance according to which tolerating theintolerant is self-defeating. Spinoza's defense of tolerance as it emergesfrom his Theological-Political Treatise and his Ethics is more pervasive and much more encompasssing than the liberal justification. Spinoza justifies tolerance as a private and public virtue as well as on prudential grounds. Although Spinoza's conception of tolerance appears in significant respects paradoxical and contradictory - e.g., it is puzzling why Spinoza, the philosopher of reason, should avocate …
Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder
Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder
Faculty Articles
No abstract provided.
Jurisdictional Competition To Abolish The Rule Against Perpetuities: R.I.P. For The R.A.P, Stewart E. Sterk
Jurisdictional Competition To Abolish The Rule Against Perpetuities: R.I.P. For The R.A.P, Stewart E. Sterk
Faculty Articles
No abstract provided.
Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone
Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone
Faculty Articles
No abstract provided.
Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg
Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg
Faculty Articles
No abstract provided.
Distrust Quotations In Latin, Peter Goodrich
Introduction: What Does It Mean To Say That A Remedy Punishes?, Anthony J. Sebok
Introduction: What Does It Mean To Say That A Remedy Punishes?, Anthony J. Sebok
Faculty Articles
No abstract provided.
Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg
Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg
Faculty Articles
No abstract provided.
Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon
Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon
Faculty Articles
No abstract provided.
A Progressive Consumption Tax For Individuals: An Alternative Hybrid Approach, Mitchell L. Engler
A Progressive Consumption Tax For Individuals: An Alternative Hybrid Approach, Mitchell L. Engler
Faculty Articles
Dissatisfaction with the existing income tax has increased in recent years. Practical problems with the income tax base create numerous loopholes, increasingly exploited by well-advised taxpayers. For the most part, these gaps are attributable to the income tax's "realization" requirement, under which taxpayers report gains and losses as "realized" through market transactions. A consumption tax appeals as a response to these significant current loopholes since "realization" loses its significance under a consumption-based tax. The consumption tax's appeal has been further enhanced by the recent and growing recognition of the narrow difference between income and consumption taxes, assuming away practical problems. …
Rulemaking, Michael Herz
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love
Faculty Articles
No abstract provided.
What Did Punitive Damages Do? Why Misunderstanding The History Of Punitive Damages Matters Today, Anthony J. Sebok
What Did Punitive Damages Do? Why Misunderstanding The History Of Punitive Damages Matters Today, Anthony J. Sebok
Faculty Articles
In 2001 the Supreme Court, in Cooper Industries, Inc. v. Leatherman Tool Group, Inc. suggested that, although modern punitive damages punish, in earlier times they almost exclusively compensated for noneconomic damages that were ignored by a less progressive legal system. This article demonstrates that the historical foundation upon which the Supreme Court bases its argument is groundless. In the Eighteenth and Nineteenth Centuries punitive damages served a number of functions, but none of them were to provide the noneconomic damages identified by the court. Instead, as the article shows, the sort of injuries for which punitive damages were once demanded …
Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk
Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk
Faculty Articles
No abstract provided.