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Full-Text Articles in Law

The Effectiveness Of (Pdeode) Strategy On The Development Of English Students Self Expression, Noor Ismael Khalil Aug 2022

The Effectiveness Of (Pdeode) Strategy On The Development Of English Students Self Expression, Noor Ismael Khalil

Journal of STEPS for Humanities and Social Sciences

The aim of the studies is to discover the effectiveness of The Bedoy approach withinside the improvement of historic wondering amongst fourth- Keeping up with the current technology is a need for instructors to preserve the instructional procedure active, and this is why we want to continuously alternate the strategies and techniques used to preserve up with the current technology. The satisfactory manner to train English is to train English. Depends on numerous elements inclusive of trainer skills, the principal goal of the studying procedure, and the precise manner of studying.

This look at offers a small-scale test organized to …


Credibility In Empirical Legal Analysis, Hillel J. Bavli Jan 2022

Credibility In Empirical Legal Analysis, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

Empirical analysis is central in both legal scholarship and litigation, but it is not credible. Researchers can manipulate data to arrive at any conclusion they wish to obtain. A practice known as data fishing—searching for and selectively reporting methods and results that are favorable to the researcher—entirely invalidates a study’s results by giving rise to false positives and false impressions. Nevertheless, it is prevalent in law, leading to false claims, incorrect verdicts, and destructive policy. In this article, I examine the harm that data fishing in empirical legal research causes. I then build on methods in the sciences to develop …


The Methodology Of Jabir Ibn Hayyan, Dr. Zakaria Basheer Apr 2021

The Methodology Of Jabir Ibn Hayyan, Dr. Zakaria Basheer

UAEU Law Journal

The paper considers the question whether Jaber lbn hayyan had actually initiated empirical methodology. The paper also investigates whether Jabir was drawing on Greek or Islamic sources in devising the empirical methodology. It argues for the possibility that, while it cannot totally rule out that Jabir was exposed to some Greek (Aristotelian) influences, he was heavily drawing upon pristine Islamic sources. These include not only the Qura'n and Hadeth, but also the methodology of Mutakalimeen (Islamic Theologians) and the fasaha' (The Muslim Jurists) . The study of Jabir of the Relevant issues is based on less organized writings, especially his …


The Elusive Zone Of Twilight, Michael Coenen, Scott M. Sullivan Mar 2021

The Elusive Zone Of Twilight, Michael Coenen, Scott M. Sullivan

Journal Articles

In his canonical concurring opinion in Youngstown Sheet & Tube Co. v. Sawyer, Justice Robert Jackson set forth a "tripartite" framework for evaluating exercises of presidential power. Regarding the middle category of that framework, Justice Jackson famously suggested that presidential actions undertaken "in absence of either a congressional grant or denial of authority" implicate "a zone of twilight," within which "any actual test of power is likely to depend on the imperatives of events and contemporary imponderables rather than on abstract theories of law." Since the articulation of this idea some seventy years ago, the Supreme Court has furnished little …


Movement Law, Amna A. Akbar, Sameer M. Ashar, Jocelyn Simonson Jan 2021

Movement Law, Amna A. Akbar, Sameer M. Ashar, Jocelyn Simonson

Faculty Scholarship

In this Article we make the case for “movement law,” an approach to legal scholarship grounded in solidarity, accountability, and engagement with grassroots organizing and left social movements. In contrast to law and social movements—a field of study that unpacks the relationship between lawyers, legal process, and social change—movement law is a methodology for scholars across substantive areas of expertise to draw on and work alongside social movements. We identify seeds for this method in the work of a growing number of scholars that are organically developing methods for movement law. We make the case that it is essential in …


Microwaving Dreams? Why There Is No Point In Reheating The Hart-Dworkin Debate For International Law, Jason A. Beckett Jan 2021

Microwaving Dreams? Why There Is No Point In Reheating The Hart-Dworkin Debate For International Law, Jason A. Beckett

Faculty Book Chapters

A critique of attempts to transpose Hart and Dworkin's legal theories to international law. I demonstrate why neither approach can provide insights into international law. Hart and Dworkin are institutional theorists, their methodologies are anchored by the need to justify the exercise of socially centralised violence. International law lacks both institutions and centralised violence, and the stabilising force these bring; it is radically indeterminate. Attempts to suppress this indeterminacy have resulted in international lawyers fragmenting into communities of practice, united by their eschatological faith in the international community. I challenge this faith.


Critical Race Theory As Intellectual Property Methodology, Anjali Vats, Deidre A. Keller Jan 2021

Critical Race Theory As Intellectual Property Methodology, Anjali Vats, Deidre A. Keller

Book Chapters

This chapter traces the emergence of Critical Race Intellectual Property (CRTIP) as a distinct area of study and activism that builds on the work of Critical Legal Studies and Critical Intellectual Property scholars. Invested in the workings of power - but with particular intersectional attentiveness to race - Critical Intellectual Property works to imagine new, often more socially just, forms of knowledge produce. In this brief chapter, we lay out the origins of Critical Race Theory (CRT) and its central methods, articulate a vision of CRT, and contemplate how CRT's interdisciplinary and transnational methods might apply to intellectual property. In …


Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes Nov 2019

Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Advancing The Aquaculture Industry Through The Federal Crop Insurance Program, Matthew H. Bowen Jan 2019

Advancing The Aquaculture Industry Through The Federal Crop Insurance Program, Matthew H. Bowen

Ocean and Coastal Law Journal

In recent times, the aquaculture industry has experienced dramatic growth. The growth of the industry is a direct result of an increase in demand for seafood, and a decrease in supply from wild fisheries. The industry, however, is also experiencing growing pains. Aquaculture species, compared to their wild counterparts, are at a higher risk of catastrophic loss from a variety of different perils. These perils make investment in the aquaculture industry significantly risky. The federal crop insurance program could be a tool that mitigates these risks, but the program was designed around terrestrial agriculture, and while aquaculture may be covered …


Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo Jan 2019

Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo

Ocean and Coastal Law Journal

Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious, …


Anthrogogy: Towards Inclusive Law School Learning, Rebecca C. Flanagan Jan 2019

Anthrogogy: Towards Inclusive Law School Learning, Rebecca C. Flanagan

Faculty Publications

At the time it was introduced, andragogy did offer benefits over “chalk and talk;” where most law students passively took notes while one student at a time actively engaged with their professor in a Socratic dialogue. While andragogy has sustained several modifications and revisions over the last fifty years, it does not reflect the life stage or life experiences that blur the boundaries of childhood and adulthood for over half the current student body in most law schools. Andragogy, designed as a teaching methodology for traditional adults seeking continuing education or to gain credentials for upward mobility in their current …


If It’S Tuesday, This Must Be Procreation: Methodology And Subject-Matter In Fourteenth Amendment Pedagogy, William D. Araiza Jan 2018

If It’S Tuesday, This Must Be Procreation: Methodology And Subject-Matter In Fourteenth Amendment Pedagogy, William D. Araiza

Saint Louis University Law Journal

No abstract provided.


Diamonds In The Rough: A Review Of Tiffany V. Costco And A Call To Apply Daubert To The Admissibility Of Consumer Survey Evidence In Trademark Infringement Litigation, Michael J. Borger Jan 2018

Diamonds In The Rough: A Review Of Tiffany V. Costco And A Call To Apply Daubert To The Admissibility Of Consumer Survey Evidence In Trademark Infringement Litigation, Michael J. Borger

Touro Law Review

No abstract provided.


Arguing With Friends, William Baude, Ryan D. Doerfler Jan 2018

Arguing With Friends, William Baude, Ryan D. Doerfler

Michigan Law Review

Judges sometimes disagree about the best way to resolve a case. But the conventional wisdom is that they should not be too swayed by such disagreement and should do their best to decide the case by their own lights. An emerging critique questions this view, arguing instead for widespread humility. In the face of disagreement, the argument goes, judges should generally concede ambiguity and uncertainty in almost all contested cases.

Both positions are wrong. Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue for a different approach: A judge ought to give significant weight to the …


Justice As Harmony: The Distinct Resonance Of Chief Justice Beverley Mclachlin's Juridical Genius, Marcus Moore Jan 2018

Justice As Harmony: The Distinct Resonance Of Chief Justice Beverley Mclachlin's Juridical Genius, Marcus Moore

All Faculty Publications

Chief Justice McLachlin’s juridical work has earned special praise, but what specifically distinguishes it among the work of other leading jurists has proven elusive for lawyers and social scientists to identify. My experience as a law clerk to McLachlin CJC suggested a distinct approach never comprehensively articulated, but intuitively well-known and widely-emulated among those in her sphere of influence. Drawing on the Chief Justice’s public lectures—where she often explained and offered deeper reflection on the McLachlin Court’s defining jurisprudence—I make the case in this article that at the heart of that approach is a quality best described as the pursuit …


A Rule-Based Method For Comparing Corporate Laws, Lynn M. Lopucki Jan 2018

A Rule-Based Method For Comparing Corporate Laws, Lynn M. Lopucki

UF Law Faculty Publications

Part I explains the processes for specifying a Scenario. It introduces the Scenario that will serve as the illustration in the remainder of this Article—a comparison of the liability of directors for the exercise of poor judgment in a Delaware corporation with the corresponding liability in a United Kingdom public limited company. Part II explains and illustrates the necessity of selecting specific entity types for comparison. Part III describes and illustrates the method for resolving the Scenario in both jurisdictions. Part IV explains and illustrates the novel process for close comparison—the extraction, juxtaposition, and comparison of decisional rules from the …


Arguing With Friends, William Baude, Ryan D. Doerfler Jan 2018

Arguing With Friends, William Baude, Ryan D. Doerfler

Faculty Scholarship at Penn Carey Law

It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this. The two purest possibilities are to shut out all other views, or else to let them all in, leading one to concede ambiguity and uncertainty in most if not all contested cases.

Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue that there is a better way. Judges ought to give significant weight to the views of others, but only when those others share the judge’s basic methodology or interpretive …


Teaching Gender As A Core Value In The Firstyear Contracts Class, Kerri Lynn Stone Aug 2017

Teaching Gender As A Core Value In The Firstyear Contracts Class, Kerri Lynn Stone

Kerri Stone

No abstract provided.


Law As Instrumentality, Jeremiah A. Ho Apr 2017

Law As Instrumentality, Jeremiah A. Ho

Faculty Publications

Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of “law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, still influences methodologies in American legal education. Subsequent movements of legal thought, however, have revealed that the law is neither scientific nor “objective” in the way the Langdellian formalists once envisioned. After all, the Langdellian scientific objectivity of law itself reflected the dominant class, gender, power, …


A Review Of The Scientific Literature Regarding Reservations In International Law, N. Fayzullaeva Jan 2017

A Review Of The Scientific Literature Regarding Reservations In International Law, N. Fayzullaeva

International Relations: Politics, Economics, Law

The main principle of the participance of Uzbekistan in international agreements is based on the defence of interest of the country and its position. In this regard the right to use reservations in international agreements is very important. So that it is neccessary to research main trends in the use of reservations, their implementation in national regime in the view of cooperation of Uzbekistan in international organizations.


Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas Aug 2016

Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas

Faculty Scholarship at Penn Carey Law

Far too many reporters and pundits collapse law into politics, assuming that the left–right divide between Democratic and Republican appointees neatly explains politically liberal versus politically conservative outcomes at the Supreme Court. The late Justice Antonin Scalia defied such caricatures. His consistent judicial philosophy made him the leading exponent of originalism, textualism, and formalism in American law, and over the course of his three decades on the Court, he changed the terms of judicial debate. Now, as a result, supporters and critics alike start with the plain meaning of the statutory or constitutional text rather than loose appeals to legislative …


The Science Of Sociological Jurisprudence As A Methodology For Legal Analysis, Richard Langone Mar 2016

The Science Of Sociological Jurisprudence As A Methodology For Legal Analysis, Richard Langone

Touro Law Review

No abstract provided.


'White Collar Crime': Still Hazy After All These Years, Lucian E. Dervan, Ellen S. Podgor Jan 2016

'White Collar Crime': Still Hazy After All These Years, Lucian E. Dervan, Ellen S. Podgor

Law Faculty Scholarship

With a seventy-five year history of sociological and later legal roots, the term “white collar crime” remains an ambiguous concept that academics, policy makers, law enforcement personnel and defense counsel are unable to adequately define. Yet the use of the term “white collar crime” skews statistical reporting and sentencing for this conduct. This Article provides a historical overview of its linear progression and then a methodology for a new architecture in examining this conduct. It separates statutes into clear-cut white collar offenses and hybrid statutory offenses, and then applies this approach with an empirical study that dissects cases prosecuted under …


Verification Of Recovered Digital Evidence On The Amazon Kindle, Marcus Thompson, Raymond Hansen Jan 2016

Verification Of Recovered Digital Evidence On The Amazon Kindle, Marcus Thompson, Raymond Hansen

Journal of Digital Forensics, Security and Law

The Amazon Kindle is a popular e-book reader. This popularity will lead criminals to use the Kindle as an accessory to their crime. Very few Kindle publications in the digital forensics domain exist at the time of this writing. Various blogs on the Internet currently provide some of the foundation for Kindle forensics. For this research each fifth generation Kindle was populated with various types of files a typical user may introduce using one method, the USB interface. The Kindle was forensically imaged with AccessData’s Forensic Toolkit Imager before and after each Kindle was populated. Each file was deleted through …


La Selección Del Método En La Investigación Jurídica. 100 Métodos Posibles, Juan Carlos Riofrío Martínez-Villalba Jul 2015

La Selección Del Método En La Investigación Jurídica. 100 Métodos Posibles, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

El objeto de las presentes líneas es abrir perspectivas sobre la gran variedad de métodos de investigación que pueden usarse en la academia, evitando los reduccionismos en la selección del método. Se trabaja desde una perspectiva teórica que primero describe la esencia del método y su rol dentro de la ciencia, luego revisa sistemáticamente la multiplicidad de métodos agrupándolos bajo cinco criterios generales, para finalmente deducir cuatro propuestas generales sobre la metodología. El primer capítulo, introduce al significado del método, a su rol dentro de la ciencia y a la necesidad de su uso. El segundo capítulo inicia delineando cinco …


Legal Arguments In The Opinions Of Montana Territorial Chief Justice Decius S. Wade, Andrew P. Morriss Jul 2015

Legal Arguments In The Opinions Of Montana Territorial Chief Justice Decius S. Wade, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Legal Arguments In The Opinions Of Montana Territorial Chief Justice Decius S. Wade, Andrew P. Morriss Jul 2015

Legal Arguments In The Opinions Of Montana Territorial Chief Justice Decius S. Wade, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Quantitative Methods For Lawyers, Margaret Brinig, Steven Crafton, Apr 2015

Quantitative Methods For Lawyers, Margaret Brinig, Steven Crafton,

Margaret F Brinig

No abstract provided.


Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans Jan 2015

Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans

Georgia Journal of International & Comparative Law

No abstract provided.


Does The Presumption Of Validity Matter? An Experimental Assessment, Jeremy W. Brock Jan 2015

Does The Presumption Of Validity Matter? An Experimental Assessment, Jeremy W. Brock

University of Richmond Law Review

No abstract provided.