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Jurisprudence

Selected Works

2017

Articles 1 - 8 of 8

Full-Text Articles in Law

Sb Lawyer, Courtroom Architecture And Human Beings.Pdf, Robert M. Sanger Nov 2017

Sb Lawyer, Courtroom Architecture And Human Beings.Pdf, Robert M. Sanger

Robert M. Sanger

All of us who visit courtrooms have encountered some frustration with the manner in which they are designed.  I had occasion to have a brief discussion about this with a Judge form the United Kingdom which, in turn, led to researching the literature on courtroom architecture.  In this Criminal Justice column, we will explore some of the current themes (or themes that should be current) regarding what courtrooms look like, why they look that way and how we can do better.
For the purpose of this article, we will look at the broad historic trends in development of the modern …

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In (Faint) Praise Of The Large Aps: Comments On Marc Galanter, Planet Of The Aps, Meir Dan-Cohen Oct 2017

In (Faint) Praise Of The Large Aps: Comments On Marc Galanter, Planet Of The Aps, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.

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Balancing Security And Liberty In Germany, Russell A. Miller Oct 2017

Balancing Security And Liberty In Germany, Russell A. Miller

Russell A. Miller

Scholarly discourse over America’s national security policy frequently invites comparison with Germany’s policy. Interest in Germany’s national security jurisprudence arises because, like the United States, Germany is a constitutional democracy. Yet, in contrast to the United States, Germany’s historical encounters with violent authoritarian, anti-democratic, and terrorist movements have endowed it with a wealth of constitutional experience in balancing security and liberty. The first of these historical encounters – with National Socialism – provided the legacy against which Germany’s post-World War II constitutional order is fundamentally defined. The second encounter – with leftist domestic radicalism in the 1970s and 1980s – …

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The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles Chernor Jalloh Oct 2017

The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles Chernor Jalloh

Charles C. Jalloh

This article is the first major study examining whether the Special Court for Sierra Leone (SCSL) has made, or is making, any contribution to the development of international law. The author concludes that it has. In this vein, he analyzes the creation of the Defence Office, the Legacy Phase Working Group and the Outreach Section to show that some of the structural novelties introduced through SCSL practice have proven to be worthy of replication within other international criminal courts. Taking as an example the controversy regarding the United Nations Security Council’s power to create ad hoc international criminal tribunals, the …

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Kenya Vs. The Icc Prosecutor, Charles Chernor Jalloh Aug 2017

Kenya Vs. The Icc Prosecutor, Charles Chernor Jalloh

Charles C. Jalloh

No abstract provided.

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The Many Saliences Of Justice Michael D. Ryan: A Comparative Empirical Analysis Of Concepts Of Salience As Applied In State Appellate Courts, Scott Devito Dec 2016

The Many Saliences Of Justice Michael D. Ryan: A Comparative Empirical Analysis Of Concepts Of Salience As Applied In State Appellate Courts, Scott Devito

Scott DeVito

This Essay began as an effort to honor the work of the late Arizona Supreme Court Justice Michael D. Ryan by examining the impact of his work on Arizona law through the lens of his “most important” opinions. As with all things touched by Justice Ryan it has become something greater than its initial purpose. The Author began this project by surveying three hundred seven Arizona judges about Justice Ryan’s published opinions. The results of this survey were quite surprising. Rather than identifying a common core of important opinions, the survey identified two mutually exclusive sets of important opinions: one …

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Stephenmfeldmanpostmodern.Pdf, Stephen M. Feldman Dec 2016

Stephenmfeldmanpostmodern.Pdf, Stephen M. Feldman

Stephen M. Feldman

Three philosophical rationales--search-for-truth, self-governance, and self-fulfillment--have animated discussions of free expression for decades.  Each rationale emerged and attained prominence in American jurisprudence in specific political and cultural circumstances.  Moreover, each rationale shares a foundational commitment to the classical liberal (modernist) self.   But the three traditional rationales are incompatible with our digital age.  In particular, the idea of the classical liberal self enjoying maximum liberty in a private sphere does not fit in the postmodern information society.  The time for a new rationale has arrived.  The same sociocultural conditions that undermine the traditional rationales suggest a self-emergence rationale built on the …

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Stephenmfeldmanthereturno.Pdf, Stephen M. Feldman Dec 2016

Stephenmfeldmanthereturno.Pdf, Stephen M. Feldman

Stephen M. Feldman

Postmodern jurisprudence was all the rage in the 1990s.  Two of the most renowned postmodernists, Stanley Fish and Pierre Schlag, both persistently criticized mainstream legal scholars for believing they were modernist selves--independent, sovereign, and autonomous agents who could remake the social and legal world merely by writing a law review article.  Then Fish and Schlag turned on each other.  Each attacked the other for making the same mistake: harboring a modernist self.  I revisit this skirmish for two reasons.  First, it helps explain the current moribund state of postmodern jurisprudence.  If two of the leading postmodernists could not avoid embedding …

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