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University of Miami Law School

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Articles 31 - 60 of 116

Full-Text Articles in Jurisprudence

The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh May 2014

The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh

Articles

This Article analyzes the absence of organs tasked with guaranteeing the rights of the defense in international criminal law. It explains the historical origins of the problem, tracing it back to the genesis of modern prosecutions at the Nuremberg International Military Tribunal. It then explains how the organizational charts of the UN courts for the former Yugoslavia, Rwanda, and Sierra Leone omitted the defense and essentially treated it as a second class citizen before the eyes of the law. This sets the stage for the author to show why the creation of the first full-fledged defense organ in international criminal …


Shareholder Vs. Investor Primacy In Federal Corporate Governance, George S. Georgiev Jan 2014

Shareholder Vs. Investor Primacy In Federal Corporate Governance, George S. Georgiev

Articles

No abstract provided.


Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh Apr 2013

Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh

Articles

This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence "to prosecute those who bear the greatest responsibility" for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …


Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave Jan 2013

Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave

Articles

This Article argues that the Supreme Court's technology jurisprudence can be best understood as protecting the privacy interest of elites. After providing an overview of the major technology cases from Olmstead to Kyllo, the Article focuses on the recent case of United States v Jones. The Article does not contend that the Court intended to protect elites, but instead posits that this motive likely operated at a more unconscious level because of the Justices' greater relative affluence and elevated social position.


The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack Jun 2012

The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack

Articles

In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing-as it often is in legal contexts-epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical …


All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen Jan 2012

All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen

Articles

Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized as a man of the Right. To Marx, Selznick added insights derived form Freud and Dewey. He was committed to the moral primacy of facts and the conditions under which they realized values. Selznick’s organicism is discussed and critiqued.


Africa And The International Criminal Court, Charles C. Jalloh Jan 2012

Africa And The International Criminal Court, Charles C. Jalloh

Articles

No abstract provided.


The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack Dec 2008

The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack

Articles

After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).


Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos Jan 2008

Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos

Articles

The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular in the existing antisubordination literature. Second, it argues for a theory of state obligation that goes beyond both the existing state action doctrine of the Equal Protection Clause and the failure to protect doctrine associated with Charles Black. The Article argues instead that the antisubordination principle mandates …


Rethinking Indivisibility: Towards A Theory Of Supporting Relations Between Human Rights, James W. Nickel Jan 2008

Rethinking Indivisibility: Towards A Theory Of Supporting Relations Between Human Rights, James W. Nickel

Articles

No abstract provided.


The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles C. Jalloh Sep 2007

The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles C. Jalloh

Articles

No abstract provided.


On Logic In The Law: Something, But Not All, Susan Haack Mar 2007

On Logic In The Law: Something, But Not All, Susan Haack

Articles

In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the "logical theology" of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of "axioms and corollaries"; and this element of truth is not obviated by the more powerful logical techniques that are now available.


Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes Jan 2007

Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes

Articles

No abstract provided.


Peer Review And Publication: Lessons For Lawyers, Susan Haack Jan 2007

Peer Review And Publication: Lessons For Lawyers, Susan Haack

Articles

No abstract provided.


The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby Jan 2006

The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby

Articles

No abstract provided.


Putting Voters First: An Essay On The Jurisprudence Of Citizen Sovereignty In Federal Election Law, Frances R. Hill Jan 2006

Putting Voters First: An Essay On The Jurisprudence Of Citizen Sovereignty In Federal Election Law, Frances R. Hill

University of Miami Law Review

No abstract provided.


Mcconnell V. Fec Jurisprudence And Its Future Impact On Campaign Finance, Trevor Potter Jan 2006

Mcconnell V. Fec Jurisprudence And Its Future Impact On Campaign Finance, Trevor Potter

University of Miami Law Review

No abstract provided.


Congress As A Court Of Appeals, Scott E. Thomas, Jeffrey H. Bowman Jan 2006

Congress As A Court Of Appeals, Scott E. Thomas, Jeffrey H. Bowman

University of Miami Law Review

No abstract provided.


On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack Jan 2005

On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack

Articles

No abstract provided.


Gaming Delaware, William Wilson Bratton Oct 2004

Gaming Delaware, William Wilson Bratton

Articles

No abstract provided.


Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack Jan 2004

Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack

Articles

No abstract provided.


[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin Jan 2003

[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin

Articles

No abstract provided.


To Do Is To Be, Zanita E. Fenton Jan 2003

To Do Is To Be, Zanita E. Fenton

Articles

No abstract provided.


A Measure Of Freedom, James W. Nickel Sep 2001

A Measure Of Freedom, James W. Nickel

Articles

No abstract provided.


Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes Jan 2001

Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes

Articles

No abstract provided.


Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt Jan 2001

Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt

Articles

No abstract provided.


Afterword And Response: What Digging Does And Does Not Do, Patricia D. White Jan 2000

Afterword And Response: What Digging Does And Does Not Do, Patricia D. White

Articles

No abstract provided.


Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro Apr 1999

Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro

University of Miami Inter-American Law Review

No abstract provided.


Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia Jan 1997

Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia

Articles

This Article examines the treatment of deconstruction in United States judicial opinions.' A handful of cases have directly referred to the French philosopher and literary theorist, Jacques Derrida.2 In each of these cases, the court has rejected Derrida's philosophy, apparently out of a fear that recognition of any legitimacy of Derrida's thoughts would lead to the self-destruction of the legal world. These courts have misunderstood that consideration or recognition of Derrida's philosophy in the legal context would not unavoidably lead to the end of all meaningful legal discourse in the United States. A discussion of these cases will serve as …


Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias Jan 1997

Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias

Articles

No abstract provided.