Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Kentucky (1321)
- University of Colorado Law School (426)
- University of Michigan Law School (421)
- University of Pennsylvania Carey Law School (322)
- Maurer School of Law: Indiana University (267)
-
- Duke Law (216)
- University of Richmond (215)
- Georgetown University Law Center (209)
- William & Mary Law School (137)
- Cornell University Law School (124)
- University of Pittsburgh School of Law (123)
- Notre Dame Law School (110)
- Columbia Law School (106)
- Washington and Lee University School of Law (106)
- Roger Williams University (105)
- New York Law School (101)
- University of Georgia School of Law (95)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (92)
- Singapore Management University (91)
- Boston University School of Law (87)
- American University Washington College of Law (85)
- University of Missouri School of Law (72)
- Florida International University College of Law (65)
- Fordham Law School (65)
- Seattle University School of Law (58)
- Pace University (54)
- University of Baltimore Law (51)
- Schulich School of Law, Dalhousie University (48)
- Northwestern Pritzker School of Law (46)
- Brooklyn Law School (44)
- Keyword
-
- Courts (488)
- Supreme Court (290)
- United States Supreme Court (248)
- Judges (219)
- Federal courts (209)
-
- Jurisdiction (160)
- Constitutional law (150)
- Congress (132)
- Judicial review (129)
- United States (112)
- Litigation (104)
- Federal Courts (103)
- Separation of powers (100)
- State courts (98)
- Civil procedure (84)
- Constitution (83)
- Federalism (82)
- Jurisprudence (76)
- Constitutional Law (74)
- Colorado (73)
- Law (71)
- International law (68)
- Court (66)
- Sixth Amendment (63)
- Due process (62)
- Lawyers (62)
- Juries (61)
- Statutory interpretation (60)
- Antitrust (59)
- U.S. Supreme Court (58)
- Publication Year
- Publication
-
- 1970-1979 (981)
- Faculty Scholarship (628)
- Articles (543)
- All Faculty Scholarship (441)
- 1980-1989 (327)
-
- Faculty Publications (295)
- Articles by Maurer Faculty (256)
- Law Faculty Publications (211)
- Scholarly Works (179)
- Journal Articles (159)
- Georgetown Law Faculty Publications and Other Works (152)
- Publications (138)
- Faculty Articles (124)
- Cornell Law Faculty Publications (118)
- Articles in Law Reviews & Other Academic Journals (77)
- Research Collection Yong Pung How School Of Law (77)
- Life of the Law School (1993- ) (65)
- Scholarly Articles (64)
- Supreme Court Case Files (58)
- Elisabeth Haub School of Law Faculty Publications (49)
- Articles, Book Chapters, & Popular Press (43)
- Faculty Working Papers (42)
- Faculty Works (38)
- All Faculty Publications (37)
- Popular Media (36)
- UIC Law Open Access Faculty Scholarship (36)
- Vanderbilt Law School Faculty Publications (34)
- Book Chapters (33)
- Law Faculty Articles and Essays (28)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- File Type
Articles 1 - 30 of 6336
Full-Text Articles in Law
The Role Of A Judge In An Electoral Autocracy, Aparna Chandra
The Role Of A Judge In An Electoral Autocracy, Aparna Chandra
Popular Media
In a year where 64 countries are holding elections, courts around the world must engage with a range of questions around electoral integrity and dysfunction, i.e., with the judicialization of electoral processes. How should democratically inclined judges respond to attempts by incumbent autocrats at leveraging laws to hold on to power?
Slipping Into Judicial Barbarism?, Pranav Verma
Slipping Into Judicial Barbarism?, Pranav Verma
Articles
Book Review | Gautam Bhatia, Unsealed Covers: A Decade of the Constitution, the Courts and the State, HarperCollins Publisher India, 2023
Legislating Courts, Michael C. Pollack
Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn
Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn
Student Scholarship
A catalog of the Local ADR Rules for the Montana Judicial District Courts, including rules about settlement conferences, mediation, and informal domestic relations trials.
Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, Roger Williams University School Of Law
Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
RWU Law
No abstract provided.
Slaughtering Slaughter-House: An Assessment Of 14th Amendment Privileges Or Immunities Jurisprudence, Caleb Webb
Slaughtering Slaughter-House: An Assessment Of 14th Amendment Privileges Or Immunities Jurisprudence, Caleb Webb
Senior Honors Theses
In 1872, the Supreme Court decided the Slaughter-House Cases, which applied a narrow interpretation of the Privileges or Immunities Clause of the 14th Amendment that effectually eroded the clause from the Constitution. Following Slaughter-House, the Supreme Court compensated by utilizing elastic interpretations of the Due Process Clause in its substantive due process jurisprudence to cover the rights that would have otherwise been protected by the Privileges or Immunities Clause. In more recent years, the Court has heard arguments favoring alternative interpretations of the Privileges or Immunities Clause but has yet to evaluate them thoroughly. By applying the …
Discovering Significant Topics From Legal Decisions With Selective Inference, Jerrold Tsin Howe Soh
Discovering Significant Topics From Legal Decisions With Selective Inference, Jerrold Tsin Howe Soh
Research Collection Yong Pung How School Of Law
We propose and evaluate an automated pipeline for discovering significant topics from legal decision texts by passing features synthesized with topic models through penalized regressions and post-selection significance tests. The method identifies case topics significantly correlated with outcomes, topic-word distributions which can be manually interpreted to gain insights about significant topics, and case-topic weights which can be used to identify representative cases for each topic. We demonstrate the method on a new dataset of domain name disputes and a canonical dataset of European Court of Human Rights violation cases. Topic models based on latent semantic analysis as well as language …
Brief For Amici Curiae Legal Scholars Supporting Respondent, Nicole Huberfeld, Timothy S. Jost, Linda C. Mcclain, Wendy E. Parmet, Erwin Chemerinsky, Elizabeth Mccuskey, Danielle Pelfrey Duryea, Gabriel Scheffler, George J. Annas
Brief For Amici Curiae Legal Scholars Supporting Respondent, Nicole Huberfeld, Timothy S. Jost, Linda C. Mcclain, Wendy E. Parmet, Erwin Chemerinsky, Elizabeth Mccuskey, Danielle Pelfrey Duryea, Gabriel Scheffler, George J. Annas
Faculty Scholarship
QUESTION PRESENTED: Whether the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd, preempts Idaho law in the narrow but important circumstance where terminating a pregnancy is required to stabilize an emergency medical condition that would otherwise threaten serious harm to the pregnant woman’s health but the State prohibits an emergency-room physician from providing that care.
Brief Of Professors Of Law, Business, And Economics As Amici Curiae In Support Of Appellees And Affirmance, Christopher L. Sagers, Robert K. Shelquist
Brief Of Professors Of Law, Business, And Economics As Amici Curiae In Support Of Appellees And Affirmance, Christopher L. Sagers, Robert K. Shelquist
Law Faculty Briefs and Court Documents
No abstract provided.
Law School News: Melissa Dubose L'04 Confirmed To Federal District Court 3-12-2024, Suzi Morales
Law School News: Melissa Dubose L'04 Confirmed To Federal District Court 3-12-2024, Suzi Morales
Life of the Law School (1993- )
No abstract provided.
Judicial Libraries As Predictors For Effective Administration Of Justice In Nigeria, Emmanuel Owushi
Judicial Libraries As Predictors For Effective Administration Of Justice In Nigeria, Emmanuel Owushi
Library Philosophy and Practice (e-journal)
The study examined judicial libraries as predictors for effective administration of justice in Nigeria. The population involved all legal practitioners and legal educators in Nigeria. 4000 respondents were sampled. Due to unavailability of the population at the time of the study, the adopted convenience sampling technique to sample 4000 respondents across legal professional bodies in Nigeria. A structured questionnaire titled ‘Use of Judicial Library and Administration of Justice Scale’ was used for data collection. The questionnaire was structured with the 4-point Likert scale response style, designed on Google form and distributed to the respondents via various social media platforms. A …
Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law
Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …
Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd
Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.
Ukraine’S Supreme Court: Upholding Justice Amid War, Olena Kibenko, Cristobal Diaz
Ukraine’S Supreme Court: Upholding Justice Amid War, Olena Kibenko, Cristobal Diaz
Judicature International
No abstract provided.
Institutional Design And The Predictability Of Judicial Interruptions At Oral Argument, Tonja Jacobi, Patrick Leslie, Zoë Robinson
Institutional Design And The Predictability Of Judicial Interruptions At Oral Argument, Tonja Jacobi, Patrick Leslie, Zoë Robinson
Faculty Articles
Examining oral argument in the Australian High Court and comparing to the U.S. Supreme Court, this article shows that institutional design drives judicial interruptive behavior. Many of the same individual- and case-level factors predict oral argument behavior. Notably, despite orthodoxy of the High Court as “apolitical,” ideology strongly predicts interruptions, just as in the United States. Yet, important divergent institutional design features between the two apex courts translate into meaningful behavioral differences, with the greater power of the Chief Justice resulting in differences in interruptions. Finally, gender effects are lower and only identifiable with new methodological techniques we develop and …
The Right To Trial By Jury Shall Remain Inviolate: Jury Trials In Civil Actions In Georgia’S Courts, David E. Shipley
The Right To Trial By Jury Shall Remain Inviolate: Jury Trials In Civil Actions In Georgia’S Courts, David E. Shipley
Scholarly Works
Trials, though rare, “shape almost every aspect of procedure,” and the jury trial is a distinctive feature of civil litigation in the United States. The Seventh Amendment of the U.S. Constitution ‘preserves’ the right to jury trial “[i]n suits at common law, where the value in controversy shall exceed twenty dollars.” Even though this amendment does not apply to the states, courts in the states “honor the right to the extent it is created in their constitutions or local statutes.”
The Georgia Constitution provides that “[t]he right to trial by jury shall remain inviolate,” and Georgia’s appellate courts have shown …
Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Articles
During the Fall 2023 semester, 15 law (Outside) students from the University of Pittsburgh School of Law and 13 incarcerated (Inside) students from the State Correctional Institution – Greene, in Waynesburg, Pennsylvania, took a full semester class together called Issues in Criminal Justice and Law. The class, occurring each week at the prison, utilized the Inside-Out Prison Exchange pedagogy, and was facilitated by Professor David Harris. Subjects include the purposes of prison, addressing crime, the criminal legal system and race, and issues surrounding victims and survivors of crime. The course culminated in a Group Project; under the heading “improving the …
Boom Or Bust: The Public Trust Doctrine In Canadian Climate Change Litigation, Hassan M. Ahmad
Boom Or Bust: The Public Trust Doctrine In Canadian Climate Change Litigation, Hassan M. Ahmad
All Faculty Publications
Over the past few years, Canadian courts have heard the first climate change cases. These claims have been commenced on behalf of youth and future generations who allege that governments have failed to meet or, otherwise, uphold greenhouse gas reduction targets under the Paris Agreement. This novel area of litigation has brought forth creative legal arguments to expand or re-envision existing doctrines in order to place blame for what continues to be a warming planet and increasingly unstable ecosystems. This article investigates the public trust doctrine. In Canadian courts, the doctrine’s limited and arguably parochial interpretation has diverged from its …
The Federal Question Jurisdiction Under Article Iii: “First In The Minds Of The Framers,” But Today, Perhaps, Falling Short Of The Framers’ Expectations, Arthur D. Hellman
The Federal Question Jurisdiction Under Article Iii: “First In The Minds Of The Framers,” But Today, Perhaps, Falling Short Of The Framers’ Expectations, Arthur D. Hellman
Articles
As Chief Justice Marshall explained, “the primary motive” for creating a “judicial department” for the new national government was “the desire of having a [national] tribunal for the decision of all national questions.” Thus, although Article III of the Constitution lists nine kinds of “Cases” and “Controversies” to which the “judicial Power” of the United States “shall extend,” “the objects which stood first in the minds of the framers” were the cases “arising under” the Constitution, laws, and treaties of the United States. Today we refer to this as the federal question jurisdiction.
Of all federal question cases, the Framers …
The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell
The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell
Scholarship@WashULaw
Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …
Converse-Osborn: State Sovereign Immunity, Standing, And The Dog-Wagging Effect Of Article Iii, Carlos Manuel Vázquez
Converse-Osborn: State Sovereign Immunity, Standing, And The Dog-Wagging Effect Of Article Iii, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
“[T]he legislative, executive, and judicial powers, of every well-constructed government, are co-extensive with each other . . . [T]he judicial department may receive from the Legislature the power of construing any . . . law [which the Legislature may constitutionally make].” Chief Justice Marshall relied on this axiom in Osborn v. Bank of the United States to stress the breadth of the federal judicial power: The federal courts must have the potential power to adjudicate any claim based on any law Congress has the power to enact. In recent years, however, the axiom has sometimes operated in the opposite direction: …
The Constitutional Court Of Indonesia As A Post-Conflict Institution, Christie S. Warren
The Constitutional Court Of Indonesia As A Post-Conflict Institution, Christie S. Warren
Faculty Publications
In post-conflict settings, constitutional courts have important roles to play despite complex and often competing challenges they face to institutionalize their legitimacy and entrench the rule of law while attempting to build bridges from conflict to peace. By processing political conflict through legal means, constitutional courts can shift the tenor of public dialogue and provide a less inflammatory platform for analyzing conflicts that have divided societies. This article analyzes two seminal cases decided by the Constitutional Court of Indonesia in the aftermath of post- Suharto conflict and finds that despite its young age, the Court addressed lustration issues and a …
The Foreshadow Docket, Bert I. Huang
The Foreshadow Docket, Bert I. Huang
Faculty Scholarship
Imagine the Supreme Court issuing an emergency order that signals interest in departing from precedent, as if foreshadowing a change in the law. Seeing this, should the lower courts start ruling in ways that also anticipate the law of the future? They need not do so in their merits rulings. That much is clear. Such a signal does not create new binding precedent. Rather, it reflects the Justices’ guess about the future of the law — and what if that guess is wrong?
Yet for a lower court ruling on a temporary stay or injunction, the task seems to call …
Duality In Contract And Tort, Tim Friehe, Joshua C. Teitelbaum
Duality In Contract And Tort, Tim Friehe, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
We study situations in which a single investment serves the dual role of increasing the expected value of a contract (a reliance investment) and reducing the expected harm of a post-performance accident (a care investment). We show that failing to account for the duality of the investment leads to inefficient damages for breach of contract and inefficient standards for due care in tort. Conversely, we show that accounting for the duality yields contract damage measures and tort liability rules that provide correct incentives for efficient breach and reliance in contract and for efficient care in tort.
Economic Extraterritorial Regulation Amongst The American States, Michael Mischley
Economic Extraterritorial Regulation Amongst The American States, Michael Mischley
School of Professional Studies
By analyzing historical and contemporary examples, this study demonstrates the reality of extraterritorial regulation and how concepts of federalism and political representation shape legal precedents that allow this practice to occur. Second, using a case study focused on the State of California, the State of Texas, and the State of New York, this study looked for pending or promulgated legislation with extraterritorial effect outside of environmental regulation and where the Congress preempts state law.
Conclusively, the practice of economically-powerful American states regulating extraterritorially exists in other policy areas and occurs as a means of national influence outside of federal channels. …
Climate Change In The Courts: A 2023 Retrospective, Maria Antonia Tigre, Margaret Barry
Climate Change In The Courts: A 2023 Retrospective, Maria Antonia Tigre, Margaret Barry
Sabin Center for Climate Change Law
Drawing from the jurisdictions covered in the Sabin Center's United States (U.S.) and Global Climate Litigation databases, this report offers insights into key developments, emerging themes, evolving legal strategies, and the pulse of climate litigation in 2023.
The New Comity Abstention, John Harland Giammatteo
The New Comity Abstention, John Harland Giammatteo
Journal Articles
In the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court procedures, citing concerns of comity and federalism. Federal courts have dismissed a broad range of substantive challenges tasked to them by Congress, including under the Americans with Disabilities Act, the Indian Child Welfare Act, and various constitutional provisions, involving state court eviction proceedings, foster care determinations, bail and criminal justice policies, COVID-era safety practices, and other instances where state courts determine state policy.
This paper is the first to argue that these decisions constitute a new abstention doctrine, unmoored from …
Brief Of Amici Curiae Privacy And First Amendment Law Professors In Support Of Defendant-Appellant And Reversal, G. S. Hans, Hannah Bloch-Wehba, Danielle K. Citron, Julie E. Cohen, Mary Anne Franks, Woodrow Hartzog, Margot E. Kaminski, Gregory P. Magarian, Frank Pasquale, Neil Richards, Daniel J. Solove
Brief Of Amici Curiae Privacy And First Amendment Law Professors In Support Of Defendant-Appellant And Reversal, G. S. Hans, Hannah Bloch-Wehba, Danielle K. Citron, Julie E. Cohen, Mary Anne Franks, Woodrow Hartzog, Margot E. Kaminski, Gregory P. Magarian, Frank Pasquale, Neil Richards, Daniel J. Solove
Faculty Scholarship
STATEMENT OF INTEREST: Amici curiae are law professors and scholars of data privacy, constitutional law, and the First Amendment. Amici write to provide the court with scholarly expertise on the complexities of data privacy law and its intersection with the First Amendment. Amici have collectively written scores of academic articles and multiple books on data privacy, technology, the First Amendment, and constitutional challenges to state and federal privacy regulation.
Amici submit this brief pursuant to Fed. Rule App. P. 29(a) and do not repeat arguments made by the parties. No party’s counsel authored this brief, or any part of …