Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 42
Full-Text Articles in Law
Therapeutic Jurisprudence: Foundations, Expansion, And Assessment, David C. Yamada
Therapeutic Jurisprudence: Foundations, Expansion, And Assessment, David C. Yamada
University of Miami Law Review
Therapeutic Jurisprudence: Foundations, Expansion, and Assessment Founded in 1987 by law professors David Wexler and the late Bruce Winick, therapeutic jurisprudence (“TJ”) is a multidisciplinary school of legal theory and practice that examines the therapeutic and anti-therapeutic properties of law, policy, and legal institutions. In legal events and transactions, TJ inherently favors outcomes that advance human dignity and psychological well-being. Starting with original groundings in mental health and mental disability law, criminal law, and problem-solving courts, and with a geographic focus on the United States, TJ now embraces many aspects of law and policy and presents a strong international orientation. …
Justice Scalia Got It Right, But For The Wrong Reasons: Scalia’S Recognition Of The Supreme Court’S “Southern Exception” In U.S. Constitutional Jurisprudence And The Connection Of “Southern Exceptionalism” To “American Exceptionalism", James D. Wilets
University of Miami Law Review
The late Justice Scalia has repeatedly and sardonically noted that the Supreme Court has discounted the views of Southern states in determining whether there is a consensus among the states with regards to a Constitutional norm. This Article has termed that Supreme Court position as “Southern Exception” and can be viewed as an effort by some Justices to address the unique social, economic, religious and cultural traditions in the South engendered by its unique" and “exceptional” history. This Article will also explore how this "Southern Exception" affected American jurisprudence to the point of rendering it "exceptional" from much of the …
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Articles
No abstract provided.
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Articles
No abstract provided.
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Articles
No abstract provided.
Abortion Distortions, Caroline Mala Corbin
The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott
University of Miami Inter-American Law Review
No abstract provided.
Brazilian Regularization Of Title In Light Of Moradia, Compared To The United States Understandings Of Homeownership And Homelessness, Marc R. Poirier
Brazilian Regularization Of Title In Light Of Moradia, Compared To The United States Understandings Of Homeownership And Homelessness, Marc R. Poirier
University of Miami Inter-American Law Review
No abstract provided.
Demographics And Distrust: The Eleventh Circuit On Graduation Prayer In Adler V. Duval CountY, Paul Horwitz
Demographics And Distrust: The Eleventh Circuit On Graduation Prayer In Adler V. Duval CountY, Paul Horwitz
University of Miami Law Review
No abstract provided.
Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes
Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes
Articles
No abstract provided.
Dworkin In The Desert Of The Real, David Gray Carlson
Dworkin In The Desert Of The Real, David Gray Carlson
University of Miami Law Review
No abstract provided.
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Articles
No abstract provided.
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Articles
No abstract provided.
Subject: Object, Jeanne L. Schroeder
Subject: Object, Jeanne L. Schroeder
University of Miami Law Review
No abstract provided.
Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein
Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein
University of Miami Law Review
No abstract provided.
Jurimetrics: The Meaning And Measurement Of Legal Sovereignty And Domestic Jurisdiction, Bin Cheng
Jurimetrics: The Meaning And Measurement Of Legal Sovereignty And Domestic Jurisdiction, Bin Cheng
University of Miami International and Comparative Law Review
No abstract provided.
The Hohfeldian Approach To Law And Semiotics, J. M. Balkin
The Hohfeldian Approach To Law And Semiotics, J. M. Balkin
University of Miami Law Review
No abstract provided.
Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato
Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato
University of Miami Law Review
No abstract provided.
An Outline Of Takings, Richard A. Epstein
An Outline Of Takings, Richard A. Epstein
University of Miami Law Review
No abstract provided.
A Last Word On Eminent Domain, Richard A. Epstein
A Last Word On Eminent Domain, Richard A. Epstein
University of Miami Law Review
No abstract provided.
The Consequences Of Conceptualism, Margaret Jane Radin
The Consequences Of Conceptualism, Margaret Jane Radin
University of Miami Law Review
No abstract provided.
Two Faces Of Liberalism, Cass R. Sunstein
Two Faces Of Liberalism, Cass R. Sunstein
University of Miami Law Review
No abstract provided.
Proceedings Of The Conference On Takings Of Property And The Constitution
Proceedings Of The Conference On Takings Of Property And The Constitution
University of Miami Law Review
No abstract provided.
Foreword, Kevin Dorse
A Reflection On Epstein And His Critics, Ellen Frankel Paul
A Reflection On Epstein And His Critics, Ellen Frankel Paul
University of Miami Law Review
No abstract provided.
The Malthusian Constitution, Thomas C. Grey
The Malthusian Constitution, Thomas C. Grey
University of Miami Law Review
No abstract provided.
Takings Of Property And Constitutional Serendipity, Larry Alexander
Takings Of Property And Constitutional Serendipity, Larry Alexander
University of Miami Law Review
No abstract provided.
Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer
Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer
University of Miami Law Review
No abstract provided.
The Reason Of The Common Law, Barbara A. Singer
The Reason Of The Common Law, Barbara A. Singer
University of Miami Law Review
Although the present meaning of reason has been reduced to discrete definitions, precise interpretations did not exist in medieval England. Rather, reason was defined by its role in the adjudicatory process. During the late medieval period, reason came to embody the very essence of the common law as courts recognized that it could be used to prevent procedural rules from infringing upon substantive rights. Relying upon Year Book cases and jurisprudential works, the author describes how the chameleon-like character of reason helped to shape the medieval English common law.
The Persistence Of Classical Style, Patrick O. Gudridge
The Persistence Of Classical Style, Patrick O. Gudridge
Articles
No abstract provided.