Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (41)
- Constitutional Law (10)
- Supreme Court of the United States (10)
- Judges (8)
- Criminal Procedure (5)
-
- Law and Gender (5)
- Law and Politics (5)
- Social and Behavioral Sciences (5)
- Civil Rights and Discrimination (4)
- Comparative and Foreign Law (4)
- Law and Society (4)
- Political Science (4)
- President/Executive Department (4)
- Administrative Law (3)
- Arts and Humanities (3)
- Criminal Law (3)
- European Law (3)
- First Amendment (3)
- History (3)
- Law and Philosophy (3)
- Legal Writing and Research (3)
- Natural Law (3)
- State and Local Government Law (3)
- United States History (3)
- American Politics (2)
- Civil Law (2)
- Common Law (2)
- Courts (2)
- Evidence (2)
- Institution
-
- United Arab Emirates University (15)
- William & Mary Law School (5)
- Washington University in St. Louis (4)
- Barry University School of Law (3)
- Maurer School of Law: Indiana University (3)
-
- Notre Dame Law School (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Arkansas, Fayetteville (3)
- Boston University School of Law (2)
- Northwestern Pritzker School of Law (2)
- Roger Williams University (2)
- Texas A&M University School of Law (2)
- The Peter A. Allard School of Law (2)
- University of Georgia School of Law (2)
- University of Pennsylvania Carey Law School (2)
- Vanderbilt University Law School (2)
- Wayne State University (2)
- American University Washington College of Law (1)
- American University in Cairo (1)
- Columbia Law School (1)
- Fordham Law School (1)
- Louisiana State University Law Center (1)
- SJ Quinney College of Law, University of Utah (1)
- Saint Louis University School of Law (1)
- St. John's University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Colorado Law School (1)
- University of Louisville (1)
- University of Miami Law School (1)
- University of Michigan Law School (1)
- Publication
-
- UAEU Law Journal (15)
- Faculty Scholarship (8)
- Scholarship@WashULaw (4)
- Journal Articles (3)
- All Faculty Publications (2)
-
- All Faculty Scholarship (2)
- Arkansas Law Review (2)
- Faculty Datasets (2)
- Law Faculty Research Publications (2)
- Northwestern Journal of Law & Social Policy (2)
- Touro Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- William & Mary Bill of Rights Journal (2)
- William & Mary Law Review (2)
- Articles (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Barry Law Review (1)
- Catholic University Law Review (1)
- Faculty Publications (1)
- Indiana Journal of Global Legal Studies (1)
- Indiana Law Journal (1)
- Journal of Food Law & Policy (1)
- Life of the Law School (1993- ) (1)
- Louisiana Law Review (1)
- Other Publications (1)
- Saint Louis University Law Journal (1)
- Scholarly Works (1)
- School of Law Conferences, Lectures & Events (1)
- South Carolina Law Review (1)
- Publication Type
Articles 31 - 60 of 72
Full-Text Articles in Law
The Interaction Between The Principles Of Syntax And Jurisprudence
The Interaction Between The Principles Of Syntax And Jurisprudence
UAEU Law Journal
Syntax has affected the science of Islamic law (Sharia) including jurisprudence (Fiqh) and its methodologies; it also has been influenced by some of the jurist's (Fuqaha) terminologies and their ideologies (Madh'hib). This research addresses the productive interaction between syntax and its principles on the one hand and jurisprudence and its methodologies on the other in four sections: the impact of syntax on jurisprudence, the impact of syntax on jurisprudence methodologies, the impact of jurisprudence on syntax and the impact of jurisprudence methodologies on syntax's principles.
The study ends with several results; the most important are the following:
- That the …
Recent Developments, Clinton T. Summers
Recent Developments, Clinton T. Summers
Arkansas Law Review
The United States Supreme Court upheld an Arkansas law regulating how pharmacies are reimbursed by pharmacy benefit managers. In Rutledge v. Pharmaceutical Care Management Ass’n, a unanimous Court decided that Arkansas Act 900, passed in 2015, was not pre-empted by the federal Employee Retirement Income Security Act of 1974 (“ERISA”).
Learning From The Past: Using Korematsu And Other Japanese Internment Cases To Provide Protections Against Immigration Detentions, Caleb Ward
Arkansas Law Review
One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States government enacted executive orders creating a curfew, proscribing living areas, and forcing the exclusion and detention of all Japanese descendants from the West Coast. The United States justified these grievous freedom and equality violations through an increased need for national security “because we [were] at war with [Japan].” However, this perceived increased need for national security came from a fraudulent assessment showing any Japanese-American could be planning espionage or sabotage of the United States. After the war, …
Reconstruction Ways Of Endowment At The Dubai Endowment & Minors Affairs Foundation
Reconstruction Ways Of Endowment At The Dubai Endowment & Minors Affairs Foundation
UAEU Law Journal
This study aims at providing information on why a large number of endowments are either scattered and misused or invested in a non strategic manner. Furthermore, this study shows the work on the analysis of existing conditions and potential for change for the purpose of activating or improving performance, developing or investing endowment in the right way. This objective is seen to be the main goal of any current endowment foundation and is aimed at better outcomes of endowment resources in the society. This study will also give a jurisprudence point of view on the rule of reconstruction and development …
Settled Law, G. Alexander Nunn, Alan M. Trammell
Settled Law, G. Alexander Nunn, Alan M. Trammell
Faculty Scholarship
“Settled law” appears frequently in judicial opinions — sometimes to refer to binding precedent, sometimes to denote precedent that has acquired a more mystical permanence, and sometimes as a substantive part of legal doctrine. During judicial confirmation hearings, the term is bandied about as Senators, advocacy groups, and nominees discuss judicial philosophy and deeper ideological commitments. But its varying and often contradictory uses have given rise to a concern that settled law is simply a repository for hopelessly disparate ideas. Without definitional precision, it risks becoming nothing more than empty jargon.
We contend that settled law is actually a meaningful …
The Morality Of Fiduciary Law, Paul B. Miller
The Morality Of Fiduciary Law, Paul B. Miller
William & Mary Law Review
Recent work of fiduciary theory has provided conceptual synthesis requisite to understanding core fiduciary principles and the structure of fiduciary liability. However, normative questions have received only sporadic attention. What values animate fiduciary law? How does, or should, fiduciary law prove responsive to them?
While in other areas of private law theory—notably, tort theory— pioneering scholars went directly at normative questions like these, fiduciary theory has been exceptional in the reticence shown toward them. The reticence is sensible. Fiduciary principles are the product of equity’s most extended and convoluted program of supplementing surrounding law. They span several distinct forms of …
Reasoning The Legitimate Discourse And The Impact On Its Interpretation; A Judicial Doctrinal Study, Maher Haswa
Reasoning The Legitimate Discourse And The Impact On Its Interpretation; A Judicial Doctrinal Study, Maher Haswa
UAEU Law Journal
This study deals with the assets of jurisprudence represented in the explanation and interpretation of the legitimate discourse (Alnuss). These are tools to analyze and understand the Qua’an and Suna discourse reaching out to accomplish its meaning.
This study builds and defines the concept of reasoning and the concept of cause after showing the conventions of jurisprudents to the concept of reason. The rationale of this study is Hikmat Almutakalmeen.
This study also shows the concept of Nuss, from its broad perspective, without any restraints; regardless of what it refers to. It also illustrates the difference between explanation and interpretation. …
Incitement, Insurrection, Impeachment: Inside The Second Trump Impeachment, Roger Williams University School Of Law, Michael M. Bowden
Incitement, Insurrection, Impeachment: Inside The Second Trump Impeachment, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden
Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Concept And Provisions Of Bodily (Physical) Changes: Analytical Study Of Jurisprudence, Abdullah Salem Al Taha
Concept And Provisions Of Bodily (Physical) Changes: Analytical Study Of Jurisprudence, Abdullah Salem Al Taha
UAEU Law Journal
The research aims to set an important issue entails a lot of issues relating to ancient and modern cosmetic operations and other general medical operations.
In this study, I explained the meaning of the term of the bodily/physical change, which was referred in the Qur'an and Sunnah.
Afterwards, I have addressed the identity of the forbidden physical change and the opinion of Islamic jurisprudence scholars of it.
In conclusion, I dedicated a section for the most important contemporary issues that derive different facts as an application for bodily change
Legal Protection For The Sports Events’ Sponsors And Organizers From Ambush Marketing, Fayez Mohammed Al Nusair
Legal Protection For The Sports Events’ Sponsors And Organizers From Ambush Marketing, Fayez Mohammed Al Nusair
UAEU Law Journal
Sports events are very important these days due to the fans' passion in following and watching them, therefore it is unacceptable to stop or interrupt the broadcasting of these events.
There is no doubt that the cost of organizing such events is very high, hence it became a necessity to find ways to cover the cost. One of these ways is sponsorship contracts. And in order to get sponsorship, it is necessary to give sponsors the appropriate legal protection especially against ambush marketing.
The western jurisprudence has adopted several solutions to stop ambush marketing practices, such as registering sports events …
Authenticity Of The Jurisprudential Rule: A Comparative Study, Ayman Abdel Hamid Al-Badarin
Authenticity Of The Jurisprudential Rule: A Comparative Study, Ayman Abdel Hamid Al-Badarin
UAEU Law Journal
This research is about the accompany of intention principles in Islamic Sharia according to jurisprudence and basis. This will be through the source of prophetic rule that actions are ruled by what we meant to accomplish through them. Therefore, I have explained the meaning of the principle, its evidences, its importance. Its parts or sections, and the estimated act in the saying ~ actions depend on intentions ~. Also, why intention is importantly considered, its location, and ruling on pronunciation principle. I have discussed the intention as a basis and as a condition, its time. The condition of the principle …
Psychological Killing Through Social Media: A Comparative Jurisprudence Study, Dr. Hamza Abdelkarim Hammad
Psychological Killing Through Social Media: A Comparative Jurisprudence Study, Dr. Hamza Abdelkarim Hammad
UAEU Law Journal
The purpose of this study is to explain the jurisprudential and legal position on the issue of the fact that the cause of death arose from informing the other - through the Social media- by the death of a relative falsely, whether that news was a joke or for the purposes of antagonism and aggression. The study followed the comparative analytical method, the result of this study is: That the sudden bad news for the heart patients is a lethal means, in addition to the agreement jurisprudence and legal position that the act is a murder deliberately and positive punishment …
Islam And Democracy: Appreciating The Nuance And Complexity Of Legal Systems With A Basis In Religion, Massimo Campanini, Mohamed Arafa
Islam And Democracy: Appreciating The Nuance And Complexity Of Legal Systems With A Basis In Religion, Massimo Campanini, Mohamed Arafa
Barry Law Review
No abstract provided.
Confrontation In The Age Of Plea Bargaining [Comments], William Ortman
Confrontation In The Age Of Plea Bargaining [Comments], William Ortman
Law Faculty Research Publications
No abstract provided.
Objective Punishment, Anthony M. Dillof
Objective Punishment, Anthony M. Dillof
Law Faculty Research Publications
Should the punishment fit the criminal as well as the crime? The article argues that idiosyncratic features of the criminal that might affect subjective punishment experience should not be considered when assessing the severity of the punishment for proportionality purposes.
The Image Of European Union Law In Bilateral Relations, Sharon Pardo, Lior Zemer
The Image Of European Union Law In Bilateral Relations, Sharon Pardo, Lior Zemer
Vanderbilt Journal of Transnational Law
The impact of foreign law on the development of national laws has been analyzed and vindicated in numerous studies in comparative legal literature. These studies typically focus on the two most prominent legal systems--common law (the Anglo-American system) and civil law (the Continental system). The historical reasons for this are clear, emanating from the fact that the world's legal systems are based on these legal regimes and are amended in the spirit of changes made to them. Over the years, however, with the many effects of legal and economic globalization, legal systems have become a diverse mosaic which has appropriated …
What's The Deal With Revlon?, Zachary Gubler
What's The Deal With Revlon?, Zachary Gubler
Indiana Law Journal
Under the Revlon doctrine, courts are to apply a higher level of scrutiny in certain takeover situations in an attempt to control potential conflicts of interest that might prejudice target shareholders. However, the doctrine has always had sufficient “play in the joints” that one might reasonably wonder whether it has much of an effect in practice on short-term shareholder returns. Additionally, in recent years, the trend in Delaware’s Revlon jurisprudence seems to be to defer to the target board as long as there are no glaring conflicts of interest. Taken together, these facts raise concern over the continued relevance of …
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Submission To House Of Commons General Committee On Judicial Review And Courts Bill 152 2021-22 (Prospective Quashing Orders), Samuel Beswick
Submission To House Of Commons General Committee On Judicial Review And Courts Bill 152 2021-22 (Prospective Quashing Orders), Samuel Beswick
All Faculty Publications
I disagree with the proposal in the Judicial Review and Courts Bill, clause 1(1)(29A)(1)(b), to create prospective-only remedies in judicial review, because:
a. Prospective Quashing violates Professor A.V. Dicey’s canonical three meanings of the Rule of Law.
b. The premise of Subsection (1)(b), ‘that legal certainty, and hence the Rule of Law, may be best served by only prospectively invalidating’ impugned acts, is contradicted by the leading mainstream theories of adjudication in the common law world.
c. Prospective Quashing draws judges into making policy and encourages judicial activism.
d. Prospective Quashing is inconsistent with the English common law judicial method …
As A Matter Of Fact: Reasserting The Role Of Basic Facts In Veterans Court Jurisprudence, Jeffrey D. Parker
As A Matter Of Fact: Reasserting The Role Of Basic Facts In Veterans Court Jurisprudence, Jeffrey D. Parker
Saint Louis University Law Journal
Unique to legal literature, this article outlines the most basic and unsexy nature of fact finding at the lowest tribunal – what is decided by a lower tribunal after weighing the different stories and conflicting evidence, and after deciding which story to believe or which evidence has more value. While legal holdings and precedents are much more engaging to the legal mind, such legal “holdings” are heavily dependent upon the basic facts found for support. A legal rule without supporting facts is mere dicta, while a legal rule squarely derived from the facts forms a legal precedent.
This article identifies …
Dissenting From The Bench, Christine Venter
Dissenting From The Bench, Christine Venter
Journal Articles
This paper examines the oral dissents of Justices Antonin Scalia and Ruth Bader Ginsburg from the year 2000 to the times of their respective deaths. It explores the concept and purpose of oral dissent and details the kinds of cases in which each justice was more likely to orally dissent. The paper analyzes the kinds of rhetoric that each justice used to refer to their subject matter, and argues that Scalia's rhetoric evinces a view of the law as "autonomous", operating independently of the facts of the case. In contrast, Ginsburg's view espouses a view of the law as responsive …
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Touro Law Review
No abstract provided.
Federal Judge Seeks Patent Cases, Jonas Anderson, Paul R. Gugliuzza
Federal Judge Seeks Patent Cases, Jonas Anderson, Paul R. Gugliuzza
Articles in Law Reviews & Other Academic Journals
That probably seems like a bizarre Craigslist ad. It’s not real—we mocked it up for this article. Still, and startlingly, it accurately portrays what’s happening in the Waco Division of the U.S. District Court for the Western District of Texas. One judge, appointed to the Western District only three years ago, has been advertising his courtroom through presentations to patent lawyers, comments to the media, procedural practices, and decisions in patent cases as the place to file a patent infringement lawsuit. That advertising has succeeded. In 2016 and 2017, the Waco Division received a total of five patent cases. In …
Oliver Wendell Holmes's Theory Of Contract Law At The Massachusetts Supreme Judicial Court, Daniel P. O'Gorman
Oliver Wendell Holmes's Theory Of Contract Law At The Massachusetts Supreme Judicial Court, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray
Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray
Faculty Scholarship
No abstract provided.
The Pure Theory Of Law Is A Hole In The Ozone Layer, Peter Goodrich
The Pure Theory Of Law Is A Hole In The Ozone Layer, Peter Goodrich
University of Colorado Law Review
No abstract provided.
Submission To The Ministry Of Justice On Judicial Review: Proposals For Reform – ‘Prospective Invalidation/Overruling’, Samuel Beswick
Submission To The Ministry Of Justice On Judicial Review: Proposals For Reform – ‘Prospective Invalidation/Overruling’, Samuel Beswick
All Faculty Publications
The Government Response to the Independent Review of Administrative Law proposes to provide judges a discretionary power to grant prospective-only remedies in judicial review proceedings. It further proposes to legislate a presumption or a requirement of prospective-only remedies when statutory instruments are quashed. The Government’s Report relies on arguments made in Sir Stephen Laws QC’s IRAL Submission advocating for prospective-only judicial remedies. My submission responds to the content of both documents.
The Government should abandon its proposal to legislate in favour of Prospective Invalidation in the judicial review context (and in any other context) because:
a. Prospective Invalidation violates the …
Disruptive Implications Of Legal Positivism’S Social Efficacy Thesis, Brian Z. Tamanaha
Disruptive Implications Of Legal Positivism’S Social Efficacy Thesis, Brian Z. Tamanaha
Scholarship@WashULaw
The social efficacy thesis holds that for law to exist it must be generally obeyed by the populace. Accepted by virtually all legal positivists, this is the most neglected thesis of legal positivism. Despite its nigh universal acceptance by theorists, however, the efficacy thesis is surrounded with unanswered questions with significant implications. Several questions immediately come to mind: How widespread must conformity to law be? What must people conform to (all areas of law)? Who must conform (legal officials, government officials, the entire populace, significant groups)? What does conformity entail (normatively, knowingly, behaviorally)? This essay explores these issues and a …
Racial Revisionism, Shaun Ossei-Owusu
Racial Revisionism, Shaun Ossei-Owusu
All Faculty Scholarship
Review of Corey Robin, The Enigma of Clarence Thomas (New York: Metropolitan Books, 2019).