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Articles 61 - 90 of 226
Full-Text Articles in Jurisprudence
Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil
Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil
Scholarly Works
Measures of individual preferences are a key input in cost-benefit analysis. However, behavioral science has raised questions about the rationality of these preferences. The Nudge thesis relies on that scientific research to prescribe interventions to influence individual choices. However, the more modest step of limiting reliance on these preferences in evaluating non-paternalistic government policies has not been taken up. We lack a consistent theory of when public policy should defer to these preferences, with legal and policy advocates adopting ad hoc result-oriented approaches. I argue that policymakers should be prepared to override individual preferences in cases where their only plausible …
Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Jorge R. Roig, Saru M. Matambanadzo, Sheila I. Vélez-Martínez
Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Jorge R. Roig, Saru M. Matambanadzo, Sheila I. Vélez-Martínez
Scholarly Works
In this Foreword, we strive to contextualize “LatCrit XXI: What’s Next?” against the backdrop of two crises: the current political crisis in the United States and the continuing crisis of scarcity that impacts the legal academy. Through an examination of these crises, we will reveal how LatCrit scholars, in their efforts to build community and in their commitment to critical outsider scholarship, are part of the constellations of resistance that struggle against el mundo malo. We will argue that LatCrit has become a necessary institution for those seeking to engage in persistent resistance and dissent in the critical and progressive …
The Post-Alice Jurisprudence Pendulum And Its Effects On Patent Eligible Subject Matter, John Robert Sepúlveda
The Post-Alice Jurisprudence Pendulum And Its Effects On Patent Eligible Subject Matter, John Robert Sepúlveda
Touro Law Review
No abstract provided.
Law, Religion, And Secular Order, Zachary R. Calo
Law, Religion, And Secular Order, Zachary R. Calo
Scholarly Works
This article compares the law and religion jurisprudence of the US Supreme Court and the European Court of Human Rights across three legal areas: religious symbols and religion-state relations, individual religious freedom, and institutional religious freedom or freedom of the church. Particular focus is given to the manner in which this jurisprudence reveals the underlying structure and meaning of the secular. Although there continues to be significant jurisprudential diversity between these two courts and across these legal areas, there is also emerging a shared accounting of religion, secularity, and moral order in the late modern West.
Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White
Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White
Touro Law Review
No abstract provided.
The Nature Of The Judicial Process: The Enduring Significance Of A Legal Classic, Joel K. Goldstein
The Nature Of The Judicial Process: The Enduring Significance Of A Legal Classic, Joel K. Goldstein
Touro Law Review
No abstract provided.
Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
Scholarly Works
In this multi-vocal Afterword, we reflect-personally and collectively to help chart renewed agendas toward and through a third decade of LatCrit theory, community, and praxis. This personal collective exercise illustrates and reconsiders the functions, guideposts, values, and postulates for our shared programmatic work a framework for our daily work as individuals and teams through our portfolio of projects, which in turn emerged as a "reflection and projection of LatCrit theory, community and praxis." These early anchors expressly encompassed (1) a call to recognize and accept the inevitable political nature of U.S. legal scholarship; (2) a concomitant call toward anti-subordination praxis …
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Qualified Immunity When Facts Are In Dispute, Leon Friedman
Qualified Immunity When Facts Are In Dispute, Leon Friedman
Touro Law Review
No abstract provided.
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post
Touro Law Review
No abstract provided.
The Science Of Sociological Jurisprudence As A Methodology For Legal Analysis, Richard Langone
The Science Of Sociological Jurisprudence As A Methodology For Legal Analysis, Richard Langone
Touro Law Review
No abstract provided.
Toward A Political Theory For Private International Law, John Linarelli
Toward A Political Theory For Private International Law, John Linarelli
Scholarly Works
Private international law presents a dilemma for legal and political philosophy. Legal and political philosophers have ignored private international law, with only a few scattered attempts to evaluate its claims. Private international law offers a powerful set of counterexamples that put into serious doubt attempts to link law’s authority only or primarily to relationships between states and citizens. No society, state, or other practice-mediated relationship can serve as grounds for the authority of private international law to persons to whom it applies but who are outside of such relationships. Private international law affects the normative situations of persons entirely outside …
Navajo Therapeutic Jurisprudence, James W. Zion
Navajo Therapeutic Jurisprudence, James W. Zion
Touro Law Review
No abstract provided.
Control Or Security: A Therapeutic Approach To The Freedom Of Contract, Yuval Feldman
Control Or Security: A Therapeutic Approach To The Freedom Of Contract, Yuval Feldman
Touro Law Review
No abstract provided.
Constructing A Normative Framework For Therapeutic Jurisprudence Using Social Work Principles As A Model, Robert G. Madden, Raymie H. Wayne
Constructing A Normative Framework For Therapeutic Jurisprudence Using Social Work Principles As A Model, Robert G. Madden, Raymie H. Wayne
Touro Law Review
No abstract provided.
Drug Treatment Court: Therapeutic Jurisprudence Applied, Bruce J. Winick, David B. Wexler
Drug Treatment Court: Therapeutic Jurisprudence Applied, Bruce J. Winick, David B. Wexler
Touro Law Review
No abstract provided.
Jurisprudential Countertransference, Marla Kahn
Jurisprudential Countertransference, Marla Kahn
Touro Law Review
No abstract provided.
Rights Are Not Enough: Therapeutic Jurisprudence Lessons For Law Reformers, Nathalie Des Rosiers
Rights Are Not Enough: Therapeutic Jurisprudence Lessons For Law Reformers, Nathalie Des Rosiers
Touro Law Review
No abstract provided.
Introduction Symposium: The Varieties Of Therapeutic Experience, A.J. Stephani
Introduction Symposium: The Varieties Of Therapeutic Experience, A.J. Stephani
Touro Law Review
No abstract provided.
What's A Lower Court To Do? Limiting Lawrence V. Texas And The Right To Sexual Autonomy, John Tuskey
What's A Lower Court To Do? Limiting Lawrence V. Texas And The Right To Sexual Autonomy, John Tuskey
Touro Law Review
No abstract provided.
The Week After, Lawrence K. Karlton
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Challenging Unjust Convictions Under Section 1983, Leon Friedman
Challenging Unjust Convictions Under Section 1983, Leon Friedman
Touro Law Review
No abstract provided.
Appellate Division, Second Department, Smith V. Marrus, Elaine Yang
Appellate Division, Second Department, Smith V. Marrus, Elaine Yang
Touro Law Review
No abstract provided.
Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer
Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein
Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein
Touro Law Review
No abstract provided.