Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (223)
- UIC School of Law (135)
- Touro University Jacob D. Fuchsberg Law Center (122)
- Universitas Indonesia (122)
- Yeshiva University, Cardozo School of Law (74)
-
- University of Michigan Law School (66)
- Northwestern Pritzker School of Law (61)
- University of Maine School of Law (54)
- Maurer School of Law: Indiana University (46)
- University of Georgia School of Law (42)
- Pepperdine University (39)
- Brooklyn Law School (35)
- Fordham Law School (32)
- Washington and Lee University School of Law (32)
- BLR (28)
- Georgetown University Law Center (27)
- University of Colorado Law School (23)
- Texas A&M University School of Law (22)
- Villanova University Charles Widger School of Law (21)
- American University Washington College of Law (19)
- Vanderbilt University Law School (18)
- University of Arkansas Little Rock (17)
- University of Richmond (16)
- Penn State Dickinson Law (15)
- Schulich School of Law, Dalhousie University (15)
- Barry University School of Law (14)
- Duke Law (14)
- Notre Dame Law School (14)
- St. Mary's University (13)
- University of Cincinnati College of Law (13)
- Keyword
-
- Jurisprudence (147)
- Courts (122)
- Supreme Court (107)
- Constitution (88)
- Judges (73)
-
- Federal (58)
- State (54)
- Constitutional Law (53)
- New York (48)
- Federal courts (44)
- United States Supreme Court (40)
- Defendant (38)
- Court of Appeals (36)
- Court (35)
- Law (32)
- 1990) (31)
- Constitutional law (31)
- Due process (30)
- Judge (29)
- § 6 (28)
- Jury (27)
- Legislation (27)
- Litigation (27)
- Congress (26)
- N.Y. Cont. Art. I (26)
- Discrimination (23)
- Evidence (23)
- First Amendment (23)
- Jurisdiction (23)
- Stare decisis (23)
- Publication Year
- Publication
-
- Seattle University Law Review (218)
- UIC Law Review (128)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Touro Law Review (110)
- Faculty Scholarship (54)
-
- Maine Law Review (54)
- Northwestern University Law Review (48)
- Michigan Law Review (41)
- Cardozo Law Review (40)
- Articles (32)
- Indiana Law Journal (31)
- Scholarly Works (30)
- ExpressO (28)
- Georgetown Law Faculty Publications and Other Works (27)
- Washington and Lee Law Review (24)
- Fordham Law Review (21)
- Georgia Journal of International & Comparative Law (20)
- Brooklyn Law Review (19)
- Pepperdine Law Review (19)
- Publications (16)
- Villanova Environmental Law Journal (1991 - ) (16)
- Dickinson Law Review (2017-Present) (15)
- Law Faculty Publications (15)
- Faculty Articles (13)
- Faculty Publications (13)
- The Journal of Appellate Practice and Process (13)
- Articles, Book Chapters, & Popular Press (12)
- Pepperdine Dispute Resolution Law Journal (12)
- Barry Law Review (11)
- University of Cincinnati Law Review (11)
- Publication Type
- File Type
Articles 1321 - 1350 of 1661
Full-Text Articles in Jurisprudence
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
Cardozo Journal of International and Comparative Law
The note explores the tension between individual human rights under international law and state interests in combating cross-border crime, focusing on the doctrine of noninquiry in extradition cases. It argues that while the Convention Against Torture imposes obligations to prevent extradition to situations of torture, the doctrine of noninquiry—where courts avoid scrutinizing the requesting state’s justice system—remains crucial for maintaining separation of powers and diplomatic relations. The analysis highlights the balancing act between protecting human rights and ensuring international cooperation in law enforcement.
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Publications
No abstract provided.
First Amendment—Campaign Finance Reform—The Supreme Court Halts The Eighth Circuit's Invalidation Of State Campaign Contribution Limits. Nixon V. Shrink Missouri Government Political Action Committee, 120 S. Ct. 897 (2000)., Erin Buford Vinett
University of Arkansas at Little Rock Law Review
No abstract provided.
Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick
Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick
Cardozo Law Review
No abstract provided.
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Michigan Law Review
Many in the legal profession have abandoned the great questions of legal process. This is too bad. How a decision is reached can be as important as what the decision is. In an increasingly diverse country with many competing visions of the good, it is critical for law to aspire to agreement on process - a task both more achievable than agreement on substance and more suited to our profession than waving the banners of ideological truth. By process, I mean the institutional routes by which we in America reach our most crucial decisions. In other words, process is our …
Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas
Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas
Cardozo Law Review
No abstract provided.
The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao
The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao
Cardozo Law Review
No abstract provided.
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Cardozo Law Review
No abstract provided.
Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky
Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky
Cardozo Law Review
No abstract provided.
The Normless And Exceptionless Exception: Carl Schmitt's Theory Of Emergency Powers And The "Norm-Exception" Dichotomy, Oren Gross
Cardozo Law Review
No abstract provided.
Introduction, Andreas Kalyvas, Jan Müller
Carl Schmitt's Antiliberalism: Its Theoretical And Historical Sources And Its Philosophical And Political Meaning, Carlo Galli
Carl Schmitt's Antiliberalism: Its Theoretical And Historical Sources And Its Philosophical And Political Meaning, Carlo Galli
Cardozo Law Review
No abstract provided.
Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter
Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter
Cardozo Law Review
No abstract provided.
Deciphering Courts Of Appeals Decisions Using The U.S. Courts Of Appeals Data Base, Tracey E. George, Reginald S. Sheehan
Deciphering Courts Of Appeals Decisions Using The U.S. Courts Of Appeals Data Base, Tracey E. George, Reginald S. Sheehan
Vanderbilt Law School Faculty Publications
Is one circuit significantly more conservative or liberal than the others? Do circuit courts consistently avoid deciding the substance of certain appeals by concluding that the plaintiffs lack standing? Have state governments been more successful than other parties when they appeal adverse district court rulings? Do appeals courts act in a majoritarian or countermajoritarian manner with regard to elected institutions and the general public? The United States Courts of Appeals Data Base, an extensive data set of courts of appeals decisions, can address these and other questions about the circuit courts. This article describes the background, scope, and content of …
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
UIC Law Review
No abstract provided.
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer
UIC Law Review
No abstract provided.
Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White
Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White
UIC Law Review
No abstract provided.
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
UIC Law Review
No abstract provided.
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
UIC Law Review
No abstract provided.
John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball
John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball
UIC Law Review
No abstract provided.
Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook
UIC Law Review
No abstract provided.
The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr.
The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr.
UIC Law Review
No abstract provided.
Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith
Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith
UIC Law Review
No abstract provided.
The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson
The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson
UIC Law Review
No abstract provided.
International Courts And American Courts, A. Mark Weisburd
International Courts And American Courts, A. Mark Weisburd
Michigan Journal of International Law
This article seeks to deal systematically with a number of issues necessarily raised in any consideration of the relationships between American courts and international tribunals. The first section sets out the facts of Breard. The next discusses the scope of the obligations imposed by the Statute of the ICJ. The third section considers the constitutional questions at least implicit in Breard; in particular, it seeks to address the tantalizing question left open by Holmes in Missouri v. Holland: what is the "different way" in which "qualifications to the treaty-making power" are to be determined? The final substantive …
What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence, Margaret L. Moses
What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence, Margaret L. Moses
Faculty Publications & Other Works
No abstract provided.
Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser
Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser
Scholarly Works
No abstract provided.
Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise
Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise
Cornell Law Faculty Publications
The judicial, legislative, and executive branches interact in many ways. These interactions fuel a constitutional dialogue that serves as a backdrop to myriad governmental activities, both large and small. The judiciary's participation is necessary, desirable, and, as a practical matter, inevitable. In my article I analyze two competing models that bear on the normative question: What form should the judiciary's participation take?
Debates over the judiciary's appropriate role in the public constitutional dialogue have captured scholarly attention for decades. Recent attention has focused on a growing distinction between the active and passive models of judicial participation. My article approaches this …
On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar
On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar
Faculty Publications
Legal theorists increasingly have come to recognize and study the existence of a constitutional canon composed of highly authoritative legal texts that command special reverence in the law. Among these highly authoritative texts are a series of dissenting opinions—e.g., Justice Holmes's in Lochner v. New York, and Justice Harlan's in Plessy v. Ferguson—that ironically are more famous than the majority opinions in most other cases. This Article examines the evolution of the dissenting canon, seeking to explain both the methods by which various dissenting opinions became canonized and the motivating factors behind these canonizations.
Specifically, the Article argues that the …
Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis
Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis
The Journal of Appellate Practice and Process
The applicable standard of review determines how much deference an appellate court gives a lower court’s decision. Discretionary decisions are review under the “abuse of discretion” standard where the process the lower court used to reach its decision is scrutinized. Three scholars attempts to define this standard are first analyzed followed by cases that have molded the standard. Advice to practitioners concludes the article.