Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (8)
- Legal History (4)
- Constitutional Law (3)
- First Amendment (2)
- Judges (2)
-
- Legal Profession (2)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Common Law (1)
- Comparative and Foreign Law (1)
- Courts (1)
- Criminal Law (1)
- European Law (1)
- Government Contracts (1)
- Immigration Law (1)
- Intellectual Property Law (1)
- International Humanitarian Law (1)
- International Law (1)
- International Relations (1)
- Legal Biography (1)
- Legal Ethics and Professional Responsibility (1)
- Military, War, and Peace (1)
- Political Science (1)
- Public Law and Legal Theory (1)
- Social and Behavioral Sciences (1)
- Institution
-
- Pepperdine University (4)
- American University Washington College of Law (3)
- Vanderbilt University Law School (3)
- Association of American Law Schools (2)
- Maurer School of Law: Indiana University (2)
-
- University of Miami Law School (2)
- Claremont Colleges (1)
- Cleveland State University (1)
- Louisiana State University Law Center (1)
- Osgoode Hall Law School of York University (1)
- Saint Louis University School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- University of Richmond (1)
- West Virginia University (1)
- Publication
-
- Pepperdine Law Review (4)
- Journal of Legal Education (2)
- University of Miami Inter-American Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- American University International Law Review (1)
-
- American University Journal of Gender, Social Policy & the Law (1)
- American University Law Review (1)
- Claremont-UC Undergraduate Research Conference on the European Union (1)
- Cleveland State Law Review (1)
- Dalhousie Law Journal (1)
- Indiana Journal of Global Legal Studies (1)
- Indiana Law Journal (1)
- Louisiana Law Review (1)
- Osgoode Hall Law Journal (1)
- Saint Louis University Law Journal (1)
- University of Richmond Law Review (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
- West Virginia Law Review (1)
Articles 1 - 24 of 24
Full-Text Articles in Law
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.
"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly N. Brown
"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly N. Brown
Indiana Law Journal
The ubiquitous outsourcing of federal functions to private contractors, although benign in the main, raises the most fundamental of constitutional questions: What institutions and actors comprise the “federal government” itself? From Abu Ghraib to Blackwater, a string of scandals has heightened public awareness that highly sensitive federal powers and responsibilities are routinely entrusted to government contractors. At the same time, the American populace seems vaguely aware that, when it comes to ensuring accountability for errors and abuses of power, contractors occupy a special space. The fact is that myriad structural and procedural means for holding traditionally government actors accountable do …
The Cosmopolitan Turn In Constitutionalism: An Integrated Conception Of Public Law, Mattias Kumm
The Cosmopolitan Turn In Constitutionalism: An Integrated Conception Of Public Law, Mattias Kumm
Indiana Journal of Global Legal Studies
If the point of constitutionalism is to define the legal framework within which collective self-government can legitimately take place, constitutionalism has to take a cosmopolitan turn: it has to occupy itself with the global legitimacy conditions for the exercise of state sovereignty. Contrary to widely made implicit assumptions in constitutional theory and practice, constitutional legitimacy is not self-standing. Whether a national constitution and the political practices authorized by it are legitimate does not depend only on the appropriate democratic quality and rights-respecting nature of domestic legal practices. Instead, national constitutional legitimacy depends, in part, on how the national constitution is …
The Unwritten Law And Its Writers, Frederick J. Moreau
The Unwritten Law And Its Writers, Frederick J. Moreau
Pepperdine Law Review
No abstract provided.
Advancing An Adaptive Standard Of Strict Scrutiny For Content-Based Commercial Speech Regulation, Nat Stern, Mark Joseph Stern
Advancing An Adaptive Standard Of Strict Scrutiny For Content-Based Commercial Speech Regulation, Nat Stern, Mark Joseph Stern
University of Richmond Law Review
No abstract provided.
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law, Marshall L. Perkins
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law, Marshall L. Perkins
Louisiana Law Review
The article discusses the intent requirement in Louisiana destination law which states that a party claiming predial servitude created by destination must prove the "intent" of the common owner to create the servitude. It analyzes the intent requirement entered into the jurisprudential application of Louisiana civil code and presents a relevant French doctrine on the issue.
Book Review Of The People's Courts: Pursuing Judicial Independence In America, By Jed Handelsman Shugerman, Laurie L. Levenson
Book Review Of The People's Courts: Pursuing Judicial Independence In America, By Jed Handelsman Shugerman, Laurie L. Levenson
Journal of Legal Education
No abstract provided.
Book Review Of Five Chiefs: A Supreme Court Memoir, By John Paul Stevens, Thomas E. Baker
Book Review Of Five Chiefs: A Supreme Court Memoir, By John Paul Stevens, Thomas E. Baker
Journal of Legal Education
No abstract provided.
Kadi V. Commission: A Case Study Of The Development Of A Rights-Based Jurisprudence For The European Court Of Justice, Alisa Shekhtman
Kadi V. Commission: A Case Study Of The Development Of A Rights-Based Jurisprudence For The European Court Of Justice, Alisa Shekhtman
Claremont-UC Undergraduate Research Conference on the European Union
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.
From The Great Depression To The Great Recession: (Non-)Lawyers Practicing Deregulated Law, Michael A. Bush
From The Great Depression To The Great Recession: (Non-)Lawyers Practicing Deregulated Law, Michael A. Bush
West Virginia Law Review
No abstract provided.
Refining The Reasonable Apprehension Of Bias Test: Providing Judges Better Tools For Addressing Judicial Disqualification, Jula Hughes, Dean Philip Bryden
Refining The Reasonable Apprehension Of Bias Test: Providing Judges Better Tools For Addressing Judicial Disqualification, Jula Hughes, Dean Philip Bryden
Dalhousie Law Journal
Despite a considerable amount of litigation concerning judicial impartiality, the Canadian "reasonable apprehension of bias" test for judicial disqualification has remained fundamentally unaltered and is well accepted in the jurisprudence. Unfortunately, the application of the test continues to generate difficulties for judges who need to use it to make decisions in marginal cases. Based on previously published doctrinal and empirical research, the goal in the present contribution is to suggest modifications to the test that will better explain the existing jurisprudence and make it easier for judges to understand when recusal is or is not necessary in marginal cases. The …
The Case For "Higher Law", John Warwick Montgomery
The Case For "Higher Law", John Warwick Montgomery
Pepperdine Law Review
No abstract provided.
The Asymmetry Of Ronald Dworkin's Rights Thesis In Criminal Cases: A Troublesome Exception, H. Scott Fairley
The Asymmetry Of Ronald Dworkin's Rights Thesis In Criminal Cases: A Troublesome Exception, H. Scott Fairley
Pepperdine Law Review
No abstract provided.
Social Justice And The Warren Court: A Preliminary Examination, Arthur S. Miller
Social Justice And The Warren Court: A Preliminary Examination, Arthur S. Miller
Pepperdine Law Review
Whether courts should attempt to advance social justice is a much debated topic in American jurisprudence. The conventional wisdom about the judicial process is to the contrary. In this article, Professor Arthur S. Miller suggests that the Supreme Court's innovative civil rights and civil liberties decisions during Chief Justice Earl Warren's tenure had the ultimate effect of helping to preserve the status quo of the social order. Its decisions, coming at a time of economic abundance, were a means of siphoning off discontent from disadvantaged groups at minimum social cost to the established order. The "activist" decisions under Warren were …
Nino’S Nightmare: Legal Process Theory As A Jurisprudence Of Toggling Between Facts And Norms, William N. Eskridge Jr.
Nino’S Nightmare: Legal Process Theory As A Jurisprudence Of Toggling Between Facts And Norms, William N. Eskridge Jr.
Saint Louis University Law Journal
No abstract provided.
The Forgotten Remedy: A Legal And Theoretical Defense Of Intermediate Scrutiny For Gender-Based Affirmative Action Programs, Ajmel Quereshi
The Forgotten Remedy: A Legal And Theoretical Defense Of Intermediate Scrutiny For Gender-Based Affirmative Action Programs, Ajmel Quereshi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Illusory Eighth Amendment, John F. Stinneford
The Illusory Eighth Amendment, John F. Stinneford
American University Law Review
No abstract provided.
From Berne To Beijing: A Critical Perspective, David Lange
From Berne To Beijing: A Critical Perspective, David Lange
Vanderbilt Journal of Entertainment & Technology Law
Remarking on the Beijing Treaty on Audiovisual Performances at the Vanderbilt Journal of Entertainment & Technology Law's Symposium, From Berne to Beijing, Professor Lange expressed general misgivings about exercising the Treaty Power in ways that alter the nature of US copyright law and impinge on other constitutional rights. This edited version of those Remarks explains Professor Lange's preference for legislation grounded squarely in the traditional jurisprudence of the Copyright Clause, the First Amendment, and the public domain, and his preference for contracting around established expectations rather than reworking default rules through treaties. It continues by exploring the particular costs associated …
Jurisdictional Standards (And Rules), Adam L. Muchmore
Jurisdictional Standards (And Rules), Adam L. Muchmore
Vanderbilt Journal of Transnational Law
This Article uses the jurisprudential dichotomy between two opposing types of legal requirements--"rules" and "standards"--to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option when their first choice (a rule favorable to their interests or their worldview) is not feasible.
The Article explores several reasons for this push toward standards, including: statutory text, statutory interpretation theories, the nonbinary nature of the domestic/foreign characterization, the tendency of extraterritorial regulation to …
Losing The Forest For The Trees: Syria, Law, And The Pragmatics Of Conflict Recognition, Laurie R. Blank, Geoffrey S. Corn
Losing The Forest For The Trees: Syria, Law, And The Pragmatics Of Conflict Recognition, Laurie R. Blank, Geoffrey S. Corn
Vanderbilt Journal of Transnational Law
The situation in Syria has the potential to become a pivotal moment in the development of the law of armed conflict (LOAC). The ongoing brutality serves as a reminder of the importance of extending international humanitarian regulation into the realm of non-international armed hostilities; however, the very chaos those hostilities produce reveals critical fault lines in the current approach to determining the existence of an armed conflict. The international community's year-long reluctance to characterize the situation in Syria as an armed conflict highlights a clear disparity between the object and purpose of the LOAC and the increasingly formalistic interpretation of …
Justice William J. Brennan, Jr., James Wilson, And The Pursuit Of Equality And Liberty, Deborah A. Roy
Justice William J. Brennan, Jr., James Wilson, And The Pursuit Of Equality And Liberty, Deborah A. Roy
Cleveland State Law Review
This Article analyzes the jurisprudence of one of the most transformative Supreme Court Justices, William J. Brennan, Jr., from the perspective of his vision that the United States Constitution is founded on Human Dignity. Justice Brennan expressed this principle in his opinions that advanced the realization of individual rights for each and every American. The principle of human dignity invokes the values of equality and liberty. The article shows that Justice Brennan traced the principle of human dignity back to the Founding Fathers and the constitutional government that they established. Rather than being unhinged from the Constitution as his critics …
The Supreme Court Of Canada And Constitutional (Equality) Baselines, Rosalind Dixon
The Supreme Court Of Canada And Constitutional (Equality) Baselines, Rosalind Dixon
Osgoode Hall Law Journal
In its approach to defining “analogous grounds” for the purposes of subsection 15(1) of the Charter of Rights and Freedoms, the Supreme Court of Canada has adopted an unusual mix of broad and generous interpretation, and high formalism. This article argues that one potential reason for this is the degree of heterogeneity among the nine distinct enumerated grounds in section 15. Heterogeneity of this kind can produce quite different interpretive consequences, depending on whether a court adopts a direct, “multi-pronged,” or a more synthetic, “common denominator,” approach to the question of analogical development. The Court, over time, has implicitly shifted …
Critical Legal Histories In Eu Law, Fernanda G. Nicola
Critical Legal Histories In Eu Law, Fernanda G. Nicola
American University International Law Review
No abstract provided.