Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (24)
- Constitutional Law (9)
- Courts (8)
- Law and Society (8)
- Supreme Court of the United States (8)
-
- Arts and Humanities (7)
- Civil Rights and Discrimination (6)
- Law and Philosophy (5)
- Law and Politics (5)
- Law and Race (4)
- Legal Ethics and Professional Responsibility (4)
- Common Law (3)
- Criminal Law (3)
- Jewish Studies (3)
- Legal Education (3)
- Legal History (3)
- Legal Profession (3)
- Religion (3)
- Rule of Law (3)
- Social and Behavioral Sciences (3)
- Administrative Law (2)
- Comparative and Foreign Law (2)
- Criminal Procedure (2)
- First Amendment (2)
- Fourteenth Amendment (2)
- History (2)
- Intellectual Property Law (2)
- International Law (2)
- Judges (2)
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (6)
- Maurer School of Law: Indiana University (3)
- American University Washington College of Law (2)
- Georgetown University Law Center (2)
- St. John's University School of Law (2)
-
- St. Mary's University (2)
- University of Pittsburgh School of Law (2)
- William & Mary Law School (2)
- Boston University School of Law (1)
- Fordham Law School (1)
- Liberty University (1)
- Louisiana State University Law Center (1)
- Missouri State University (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- Schulich School of Law, Dalhousie University (1)
- The Catholic University of America, Columbus School of Law (1)
- The Peter A. Allard School of Law (1)
- University of Arkansas, Fayetteville (1)
- University of Georgia School of Law (1)
- University of Michigan Law School (1)
- Western New England University School of Law (1)
- Publication
-
- Touro Law Review (4)
- Faculty Scholarship (3)
- Indiana Law Journal (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Georgetown Law Faculty Publications and Other Works (2)
-
- Journal of Catholic Legal Studies (2)
- Journal of Race, Gender, and Ethnicity (2)
- All Faculty Publications (1)
- Arkansas Law Review (1)
- Articles (1)
- Book Chapters (1)
- Catholic University Law Review (1)
- Dalhousie Law Journal (1)
- Dickinson Law Review (2017-Present) (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles (1)
- Law & Economics Working Papers (1)
- Louisiana Law Review (1)
- MSU Graduate Theses (1)
- Masters Theses (1)
- Scholarly Works (1)
- St. Mary's Law Journal (1)
- William & Mary Bill of Rights Journal (1)
- William & Mary Law Review (1)
- Publication Type
Articles 31 - 35 of 35
Full-Text Articles in Law
Rules, Tricks And Emancipation, Jessie Allen
Rules, Tricks And Emancipation, Jessie Allen
Book Chapters
Rules and tricks are generally seen as different things. Rules produce order and control; tricks produce chaos. Rules help us predict how things will work out. Tricks are deceptive and transgressive, built to surprise us and confound our expectations in ways that can be entertaining or devastating. But rules can be tricky. General prohibitions and prescriptions generate surprising results in particular contexts. In some situations, a rule produces results that seem far from what the rule makers expected and antagonistic to the interests the rule is understood to promote. This contradictory aspect of rules is usually framed as a downside …
Retroactive Adjudication, Samuel Beswick
Retroactive Adjudication, Samuel Beswick
All Faculty Publications
This Article defends the retroactive nature of judicial lawmaking. Recent Supreme Court judgments have reignited debate on the retroactivity of novel precedent. When a court announces a new rule, does it apply only to future cases or also to disputes arising in the past? This Article shows that the doctrine of non-retroactive adjudication offers no adequate answer. In attempting to articulate a law of non-retroactivity, the Supreme Court has cycled through five flawed frame-works. It has variously characterized adjudicative non-retroactivity as (1) a problem of legal philosophy; (2) a discretionary exercise for balancing competing right and reliance interests; (3) a …
Law’S Sentiments, Robin West
Law’S Sentiments, Robin West
Georgetown Law Faculty Publications and Other Works
The chapter argues that law and the Rule of Law do not displace moral sentiments, but rather require them, and sometimes produce them. Law gives us some sense of physical security and thereby makes possible the fellow feeling and empathy that are the root of moral action. The chapter seeks to make this claim plausible by looking at fiction that describes various dystopian lawless states, including the hierarchy of the Church, which law has been loath to enter, badly policed neighborhoods, nineteenth century American slavery, and early twentieth century patriarchal marriages. One lesson of much of this fiction is that …
The Segregation Of Markets, Christian Turner
The Segregation Of Markets, Christian Turner
Scholarly Works
Campaign-finance reformers fear that rich donors’ money can be used disproportionately to influence the content of campaign advertising and thus, perhaps, the results of elections. In European football, UEFA has attempted to ban “financial doping,” rich owners’ use of money earned in sectors other than football to pay large sums for the best football players. Campaign-finance reform efforts and “financial fair play” rules in sport may seem like bespoke solutions to different problems. In fact, they are the same solution to the same problem. Both are attempts to ensure that power accumulated in one market is not brought into another …
Fiduciary Legal Ethics, Zeal, And Moral Activism, David Luban
Fiduciary Legal Ethics, Zeal, And Moral Activism, David Luban
Georgetown Law Faculty Publications and Other Works
The recent turn to fiduciary theory among private lawyer scholars suggests that "lawyer as fiduciary" may provide a fresh justification for legal ethics distinct from moral and political accounts propounded by theorists in recent decades. This Article examines the justification and limits of fiduciary legal ethics. In the course of the investigation, it argues that the fiduciary relation of lawyer to client as defined in the ethics codes does not align perfectly with fiduciary principles in other legal domains, such as agency, trust, or corporate law. Lawyers are fiduciaries of their clients. Does that mean lawyers can never throttle back …