Law Commons^™

The Rationality Of The Common Law, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Individual Worth, Alan B. Handler

Hofstra Law Review

No abstract provided.

Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit

Faculty Works

Much of jurisprudence is storytelling, recounting tales of what has gone before; improvising and crafting new stories of legal theory from old ones. Useful kernels are passed from one generation of legal thinkers to the next. Like tribal legends, the messages in many stories of jurisprudence can be understood only by a select audience. Legends often come with morals; theories of jurisprudence often impart prescription for living within the law. Jurisprudence, like legends, concerns fundamental issues, confronts cosmic questions and weaves in magic. Sometimes both possess humor as well.

Unfortunately, some modern versions of jurisprudential theories have become anecdotal. The …

Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice

Journal Articles

The growing influence of utilitarianism and legal positivism in American jurisprudence today and the decline of natural law have produced an ominous shift in the foundation of our legal system. This shift is illustrated by various courts' approaches to momentous legal issues of the Twentieth Century such as abortion and euthanasia. Ultimately, legal positivism is unacceptable as a jurisprudential framework because it provides no inherent limits on the power of the state and no basis for determining what is just. In contrast, the natural law provides a jurisprudential framework that both guides and limits the civil law. It therefore is …

Contradiction And Denial, Pierre Schlag

Publications

No abstract provided.

Missing Pieces: A Cognitive Approach To Law, Pierre Schlag

Publications

No abstract provided.

The Case Against The Constitutionally Compelled Free Exercise Exemption, William P. Marshall

Faculty Publications

No abstract provided.

The Trials Of Mental Health Law: Recent Trends And Developments In Canadian Mental Health Jurisprudence, Robert M. Gordon, Simon N. Verdun-Jones

Dalhousie Law Journal

Mental health law in Canada has traditionally shared many common themes with the mental health law of such other Commonwealth countries as Britain, Australia and New Zealand but is only a distant cousin of the system of mental health law that has emerged in the United States. The existence of an entrenched Bill of Rights in the United States has fashioned a situation in which many major issues relating to the rights of mental health patients have been dealt with as constitutional matters of great import. Consequently, the 1960s and 1970s witnessed a burgeoning of an exciting body of case …

Introduction, Monroe E. Price

Cardozo Law Review

No abstract provided.

Justice Brennan's "Passion", Julius Cohen

Cardozo Law Review

No abstract provided.

Post-Structuralism, The Ethical Relation, And The Law, Drucilla Cornell

Cardozo Law Review

No abstract provided.

National Socialist Jurisprudence And Academic Continuity: A Comment On Professor Kaufmann's Article, Mathias Reimann

Cardozo Law Review

No abstract provided.

National Socialism And German Jurisprudence From 1933 To 1945, Arthur Kaufmann

Cardozo Law Review

No abstract provided.

Regulation And The United States Corporation: An Alternative To Law-And-Economics, Jan G. Deutsch

Cardozo Law Review

No abstract provided.

Congressional Delegation Of Adjudicatory Power To Federal Agencies And The Right To Trial By Jury, Paul K. Sun Jr.

Duke Law Journal

The continued growth of the administrative bureaucracy and its increased impact on the rights and duties of citizens is a well-documented phenomenon of the twentieth century. 1 At the federal level, bureaucracy flourishes as Congress delegates ever more responsibility to agencies. 2 Within their statutorily defined fields, federal agencies typically perform the functions of rulemaking, enforcement and adjudication. 3 This note focuses on the adjudicatory function 4 and considers whether, when Congress creates a new statutory cause of action, 5 the seventh amendment 6 limits Congress's ability to delegate responsibility for adjudicating cases under that statute to a federal administrative …

Social And Racial Tolerance And Freedom Of Expression In A Democratic Society: Friends Or Foes? Regina V. Zundel, Stefan Braun

Dalhousie Law Journal

In Regina v. Zundel the Ontario Court of Appeal held that s. 177 of the Canadian Criminal Code, entitled "Spreading false news," did not contravene the guarantee of freedom of expression under s. 2(b) of the Charter of Rights and Freedoms3 and that even if it did, it constituted a permissible regulation under s. 1 of the Charter. Section 177 of the Code punishes "everyone who wilfully publishes a statement, tale, or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest." The defendant was charged under the section …

Faith In The Republic: A Frances Lewis Law Center Conversation, Stanley Hauerwas, Sanford Levinson, Mark V. Tushnet

Washington and Lee Law Review

No abstract provided.

The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert L. Birmingham

William & Mary Law Review

No abstract provided.

Stare Decisis: Precedent And Principle In Constitutional Adjudication , Charles J. Cooper

Cornell Law Review

No abstract provided.

Rights-Talk, Jane B. Baron, Richard K. Greenstein

Villanova Law Review (1956 - )

No abstract provided.

The Historical Development Of Higher Judiciary In Morocco, Rachid El Iraki

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper traces the historical development of Morocco’s higher judiciary by distinguishing the main phases that shaped judicial organization and appellate review. It discusses the pre‑Protectorate setting, the Protectorate period marked by institutional plurality, and the post‑independence reforms aimed at unifying justice and stabilizing jurisprudence. The analysis shows how institutional redesign responded to broader state‑building objectives: ensuring consistent interpretation of law, strengthening procedural guarantees, and providing coherent guidance to lower courts. The article concludes that the trajectory of higher judicial review reflects an ongoing effort to balance legal tradition with modernization and legal certainty.

Is The Supreme Court Truly A Supreme Juridiction, Mohamed El Wakili

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article critically assesses whether the Supreme Council fully performs the functions generally associated with a supreme court. It reviews the Council’s historical development and the expansion of its competences across civil, criminal, and administrative matters, emphasizing the tension between legality control and broader expectations of guidance. The study highlights structural constraints such as caseload pressure, procedural design, and limited research and documentation support, which can affect the quality and consistency of decisions. It concludes with reform‑oriented proposals to strengthen the Council’s capacity to unify jurisprudence and to improve efficiency without undermining procedural guarantees.

The Administrative Chamber Of The Supreme Court Between Tradition And Innovation, Amina Jebrane

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The article analyzes the Administrative Chamber as a central actor in the development of Moroccan administrative justice, balancing inherited doctrinal traditions with innovative judicial approaches. It examines legality review, control of abuse of power, and the protection of rights in disputes involving public authorities. The author shows how administrative adjudication requires reconciling the effectiveness of public action with procedural and substantive guarantees for individuals. By highlighting jurisprudential trends and recurring problem areas (scope of review, evidence, and remedies), the paper argues that innovation is most effective when grounded in stable principles that preserve predictability and legal certainty.

Beyond Criticism, Guyora Binder

Journal Articles

During the 1980’s, Critical Legal Studies was frequently criticized for offering no policy prescriptions. This essay explained critical scholars’ reluctance to propose policy as a reflection of their epistemological and political critiques of instrumentalist policy analysis. Because critical scholars saw both causal relationships and interests as highly contingent on normative assumptions, they were skeptical of claims that well-intentioned law reforms would benefit the interests of the poor and the powerless. Valuing democratic participation, critical legal scholars were also reluctant to define the interests of the powerless for them. The essay proceeded to argue that critical legal scholars should see instrumentalism …

The Supreme Court’S Case Law On Public Property, Abdelfattah Eddahbi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article studies Moroccan Supreme Court case law concerning public property (the public domain) and the criteria used to characterize and protect it. It shows how jurisprudence clarifies the fundamental features of public ownership and addresses uncertainties inherited from earlier periods, including the distinction between formal allocation and factual public use. The author reviews the main legal references governing the public domain and explains how judicial interpretation affects administrative action, liability, and dispute resolution. By analyzing competing criteria used by courts, the paper argues for a more consistent approach that strengthens predictability and the protection of public assets.

The Supreme Court After Thirty Years: A Synthesis Report, Mohamed Acherki

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This synthesis report reviews the Supreme Council’s trajectory after three decades and identifies the main factors shaping its impact. Internally, it highlights issues of workload, organization, documentation, and dissemination of decisions. Externally, it emphasizes the rise of administrative litigation and the growing societal expectation that judicial decisions be effective and enforceable. The report also notes the importance of publishing and systematizing case law to support consistent adjudication across courts. It concludes with practical proposals to strengthen effectiveness, including better research support, improved dissemination of jurisprudence, and procedural measures to manage caseload while safeguarding fair‑trial guarantees.

Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag

Publications

No abstract provided.

Making Sense Of Modern Jurisprudence: The Paradox Of Positivism And The Challenge For Natural Law, Philip E. Soper

Articles

Karl Llewellyn once said, referring to Roscoe Pound's work m jurisprudence, that it was difficult to tell on what level the writing proceeded: sometimes it seemed to be little more than bedtime stones for a tired bar; at other tunes it appeared to be on the level of the after-dinner speech or a thought provoking essay, neither of which were quite the "considered and buttressed scholarly discussion" that one expected to find. Llewellyn's complaint serves as a warning, though a somewhat ambiguous one, to those who give lectures on jurisprudence.

On the one hand, I do not plan to present …

Comment On Fikentscher's Paper -- Modes Of Thought In Law And Justice -- A Preliminary Report On A Study In Legal Anthropology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Jurisprudence And Gender, Robin West

Georgetown Law Faculty Publications and Other Works

What is a human being? Legal theorists must, perforce, answer this question: jurisprudence, after all, is about human beings. The task has not proven to be divisive. In fact, virtually all modern American legal theorists, like most modern moral and political philosophers, either explicitly or implicitly embrace what I will call the "separation thesis" about what it means to be a human being: a "human being," whatever else he is, is physically separate from all other human beings. I am one human being and you are another, and that distinction between you and me is central to the meaning of …