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Full-Text Articles in Law

Folder 18, Frierson Correspondence, 1935-1936, James Nelson Frierson May 2025

Folder 18, Frierson Correspondence, 1935-1936, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 19, Frierson Correspondence, 1937, James Nelson Frierson May 2025

Folder 19, Frierson Correspondence, 1937, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 20, Frierson Correspondence, 1938-1939, James Nelson Frierson May 2025

Folder 20, Frierson Correspondence, 1938-1939, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 21, Frierson Correspondence, 1940, James Nelson Frierson May 2025

Folder 21, Frierson Correspondence, 1940, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 22, Frierson Correspondence, W. T. Aycock, 1926-1928, James Nelson Frierson May 2025

Folder 22, Frierson Correspondence, W. T. Aycock, 1926-1928, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Dean James Nelson Frierson Files - 1920-1946 Guide, James Nelson Frierson May 2025

Dean James Nelson Frierson Files - 1920-1946 Guide, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 1, Absences From Court Practice, Law School Vs. Knotts, Jr., James Nelson Frierson May 2025

Folder 1, Absences From Court Practice, Law School Vs. Knotts, Jr., James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 2, Academic Inquiries, 1931, James Nelson Frierson May 2025

Folder 2, Academic Inquiries, 1931, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 3, Accreditation, 1925, James Nelson Frierson May 2025

Folder 3, Accreditation, 1925, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 4, Admissions, 1922-1946, James Nelson Frierson May 2025

Folder 4, Admissions, 1922-1946, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 5, American Bar Association, James Nelson Frierson May 2025

Folder 5, American Bar Association, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 6, American Law School Review, James Nelson Frierson May 2025

Folder 6, American Law School Review, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 7, Armed Forces Members, 1941-1942, James Nelson Frierson May 2025

Folder 7, Armed Forces Members, 1941-1942, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 8, Association Of American Law Schools, James Nelson Frierson May 2025

Folder 8, Association Of American Law Schools, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 9, Association Of Southern Law Schools, James Nelson Frierson May 2025

Folder 9, Association Of Southern Law Schools, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Folder 10, Board Of Trustees, 1944, James Nelson Frierson May 2025

Folder 10, Board Of Trustees, 1944, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.


Introduction May 2025

Introduction

The Journal of Contemporary Legal Issues

In November 2023, the Institute for Law and Philosophy at the University of San Diego School of Law convened a Symposium on Andrew Koppelman’s recent book, published in 2022, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed. The argument of Andy Koppelman’s book is that whereas modern American libertarianism began admirably with Friedrich Hayek’s corrective to the Depression-era vogue for central economic planning, libertarianism has since devolved into a toxic blend of anarchism, greed, disdain for the weak, and rationalization for environmental catastrophe.

The papers from the Symposium are published in this issue of …


Will The Real F.A. Hayek Please Stand Up!, Eric Mack May 2025

Will The Real F.A. Hayek Please Stand Up!, Eric Mack

The Journal of Contemporary Legal Issues

In this essay, I will argue that neither of these two presentations of Hayek represent the real Hayek. In Part II of this essay, I criticize Koppelman’s contention that there is little distance, if any, between Hayek’s stance on distributive justice and Rawls’s difference principle. In Part III of this essay, I dispute Koppelman’s claim that Hayek is quite receptive to the development and expansion of the regulatory-administrative state. Each of these stances is rejected by Hayek for the same sorts of reasons that stand behind his rejection of central economic planning. Hayek’s critique of central economic planning, his rejection …


Freedom From Libertarianism, Joseph Fishkin May 2025

Freedom From Libertarianism, Joseph Fishkin

The Journal of Contemporary Legal Issues

Andrew Koppelman’s new book Burning Down the House is a guide to some of the late stages of the libertarian collapse. It’s a book whose many virtues include its clear and simple prose style. As a result of that style, and its generally straightforward exposition, I think this book will be of real use to many people, perhaps especially to free-thinking former libertarians who are engaged in a project of self-deprogramming. The book makes a nice holiday gift to the former libertarian or wavering libertarian in your life who would like to learn more about the arc of how it …


Notes From A Serf, Rachel Lu May 2025

Notes From A Serf, Rachel Lu

The Journal of Contemporary Legal Issues

F. A. Hayek would have hated Obamacare. This must be distinctly understood, or nothing wonderful can come of the argument I am going to relate.


Fusionism, Not Libertarianism, Burned Down The House, Kevin Vallier May 2025

Fusionism, Not Libertarianism, Burned Down The House, Kevin Vallier

The Journal of Contemporary Legal Issues

In Burning Down the House, Andrew Koppelman has two goals: one philosophical and one sociological. The philosophical goal is to separate the wheat from the chaff in libertarian thought. Koppelman embraces the merits of F. A. Hayek’s arguments for markets. But he stridently rejects the radical libertarianism of Murray Rothbard, Robert Nozick, and Ayn Rand. The radicals are out, and the moderates are in. Hayek must increase, and Rothbard must decrease.

The sociological thesis is that radical libertarian ideology significantly influences the modern GOP and American conservatism. Koppelman sees the pathologies of the contemporary right as drawing from the …


Burning Questions: A Response To Fishkin, Long, Lu, Mack, And Vallier, Andrew Koppelman May 2025

Burning Questions: A Response To Fishkin, Long, Lu, Mack, And Vallier, Andrew Koppelman

The Journal of Contemporary Legal Issues

I’m indebted to Larry Alexander and Steve Smith for organizing this conference, and to Joseph Fishkin, Roderick Long, Rachel Lu, Eric Mack, and Kevin Vallier for their thoughtful responses to my book, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed. When San Diego organized this conference, I gave them the names of the people whom I was most eager to engage with, scholars I admire despite some deep disagreements. They have forced me to sharpen my own views. I am very lucky.


Response To Six Interlocuters On The Topic Of Neuroscience And Responsibility, Michael S. Moore May 2025

Response To Six Interlocuters On The Topic Of Neuroscience And Responsibility, Michael S. Moore

The Journal of Contemporary Legal Issues

I am very pleased to be afforded the opportunity to respond to the edited and revised versions of the six papers that were discussed at the Rutgers Symposium in honor of my recent book. Each of these six papers raise excellent points that can serve as the springboard for deeper exploration of some of the salient issues raised in my book, and it is my aim in this response to take advantage of that opportunity. I am quite appreciative for the spur to intellectual progress that these papers and this symposium represents. By-and-large scholarship is a solitary enterprise but occasions …


Hermeneutic Theory And The Priority Of Constitutional Meaning, Tyler S. Moore May 2025

Hermeneutic Theory And The Priority Of Constitutional Meaning, Tyler S. Moore

The Journal of Contemporary Legal Issues

Can the understanding of a law be separated from its application? Despite the increasing convergence between schools of constitutional interpretation in the United States, this question remains central. One the one side are so-called “new originalists” for whom the distinction between understanding and application (or “interpretation” and “construction” as they call it) is necessary to separate a more objective step in the interpretive process from a more subjective one. On the other are “living constitutionalists,” many of whom suggest that defining a neat boundary between these two stages is impossible. When judges decide cases, they do not (and perhaps cannot) …


The Fundamental Right To Polygynous Marriage, Ronald C. Den Otter May 2025

The Fundamental Right To Polygynous Marriage, Ronald C. Den Otter

The Journal of Contemporary Legal Issues

This Article is about why the argument in favor of a constitutional right to polygynous marriage, predicated on the importance of personal autonomy, is considerably stronger than the sex equality arguments against it. For the most part, legal scholars have arrived late on the scene, not treating the topic with the kind of care that it deserves. Instead of relying upon equal protection analysis, I shall engage in a fundamental rights critique of opposition to polygynous marriage. In doing so, I will discuss two considerations that remain central to such analysis: the value of autonomy (understood as personal choice in …


The Perlmutter Center For Legal Justice At Cardozo Law Announces Client Larry Hoover Has Been Granted Clemency, Perlmutter Center For Legal Justice At Cardozo Law May 2025

The Perlmutter Center For Legal Justice At Cardozo Law Announces Client Larry Hoover Has Been Granted Clemency, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo Law News Archive

The Perlmutter Center for Legal Justice at Cardozo Law announced that its client Larry Hoover has been granted clemency after serving over 52 years in prison. Hoover, now 74, spent the last three decades at the ADX Florence supermax facility, much of it in solitary confinement. During his incarceration, he transformed his life by teaching himself to read, earning his GED, and pursuing studies in various subjects. He has renounced his past gang affiliations and is committed to mentoring at-risk youth.

Executive Director Josh Dubin played a key role in advocating for Hoover’s release, alongside the Holloway Project and attorney …


Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh May 2025

Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh

Dissertations and Theses

This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the …


Disguising Emotional Distress Damages: Why Permitting Recovery Of “Reasonable And Necessary” Veterinarian Expenses Creates Inconsistency In Virginia, Ethan Payne May 2025

Disguising Emotional Distress Damages: Why Permitting Recovery Of “Reasonable And Necessary” Veterinarian Expenses Creates Inconsistency In Virginia, Ethan Payne

Liberty University Law Review

Humans crave companionship. This companionship comes first from a relationship with God and second from an inferior yet ordained relationship with other humans. But what about the creatures not made in God’s image? What about the previously wild creatures we bring into our homes as pets? Many cherish these animals with a love akin to family, especially dogs and cats. But is this the proper pedestal for pets?

This is an ongoing struggle humans have debated since as far back as dogs and cats have been domesticated. As time progressed, select cultures of various geographical backgrounds have subjugated animals, using …


The Necessity Of Better Rape-Related Protections For Victims Of Rape-Related Pregnancy, Joanna Harrison May 2025

The Necessity Of Better Rape-Related Protections For Victims Of Rape-Related Pregnancy, Joanna Harrison

Liberty University Law Review

A pregnancy that results from a rape is referred to as a rape-related pregnancy (RRP). One of the primary issues surrounding RRP is that, unless terminated by a state family court, the rapist maintains the same parental rights over the child conceived through the rape as any parent would have over their child. Allowing a rapist to keep any level of parental rights is extremely problematic. It forces the rape victim to interact regularly with the rapist, exposes the conceived child to the dangers of a rapist parent, and creates an opportunity for the rapist to weaponize those rights in …


A Delicate Balance: Securing Constitutional Rights Against The Nation’S Most Valuable National Security Tool, Mikayla A. Burton May 2025

A Delicate Balance: Securing Constitutional Rights Against The Nation’S Most Valuable National Security Tool, Mikayla A. Burton

Liberty University Law Review

Imagine a United States without the Fourth Amendment. The People have no protection against warrantless searches of their homes, belongings, or communications, and the government may invade the privacy of whomever or whatever at its pleasure. This is the exact situation the Founding Fathers designed the Fourth Amendment to protect against. Imagine instead a United States with the Fourth Amendment. The People have protection against warrantless searches of their homes, belongings, and communications, and the government may not invade the privacy of whomever or whatever at its pleasure. But then imagine that these protections are disrupted—jeopardized. Congress passes an act …