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Jurisprudence Commons

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Villanova University Charles Widger School of Law

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Articles 1 - 30 of 115

Full-Text Articles in Jurisprudence

Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong Jul 2026

Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey Jul 2026

Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor Mar 2026

Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor

Villanova Environmental Law Journal (1991 - )

No abstract provided.


(Re)Individualizing Criminal Law, Itay Ravid Jan 2026

(Re)Individualizing Criminal Law, Itay Ravid

Faculty Publications

Criminal law purports to care about the individual culpability of those committing crimes. Individual mental states or defenses based on one’s beliefs are considered foundational to moral responsibility and criminal conviction. The expansion of algorithmic risk assessment tools in the criminal legal system, however, threatens these principles, changing the criminal law subject from an autonomous individual to merely a predicted object. This Article argues that risk assessment tools—now functioning as gatekeepers at both the entry and exit stages of the criminal process, from predictive policing to compassionate release eligibility—have shifted the criminal system away from its foundation in individual culpability. …


Can’T Blaine A State For Trying: Writing A Constitutional Blaine Amendment After Carson V. Makin, Ry Stratton Dec 2025

Can’T Blaine A State For Trying: Writing A Constitutional Blaine Amendment After Carson V. Makin, Ry Stratton

Villanova Law Review (1956 - )

No abstract provided.


The Post-Chevron Law Of Deference For Investor-State Arbitration, Won L. Kidane Dec 2025

The Post-Chevron Law Of Deference For Investor-State Arbitration, Won L. Kidane

Faculty Publications

In Loper Bright Enterprises v. Raimondo, the United States Supreme Court clarified the “law of deference” built “on the foundation laid in Chevron.” The American conception of the law of deference, long solidified as the Chevron doctrine, has had extraordinary resonance, having been cited in at least 18,000 cases and 22,000 publications over a period of forty years.

The Court’s overruling of the two-step Chevron analysis for the resolution of statutory ambiguity is the most obvious outcome and is likely to attract the most attention. There is, however, an obscure aspect of the Court’s overruling of Chevron: the clarification of …


Keynote Address: The Future Of Environmental Enforcement, David M. Uhlmann Jun 2025

Keynote Address: The Future Of Environmental Enforcement, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann Jun 2025

Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy Jun 2025

Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Regulatory Triad: Reimagining Environmental Law In The Post-Chevron Era, Shai Stern, Itay Biton Mar 2025

The Regulatory Triad: Reimagining Environmental Law In The Post-Chevron Era, Shai Stern, Itay Biton

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Revving Up Or Stalling Out? Examining The Effectiveness Of Electric Vehicles In Combating Climate Change, Meghan E. Miller Termat Mar 2025

Revving Up Or Stalling Out? Examining The Effectiveness Of Electric Vehicles In Combating Climate Change, Meghan E. Miller Termat

Villanova Environmental Law Journal (1991 - )

No abstract provided.


No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler Feb 2024

No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco Jun 2023

Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner Feb 2023

The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner

Villanova Law Review (1956 - )

No abstract provided.


Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton Feb 2023

Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton

Villanova Law Review (1956 - )

No abstract provided.


The Consensus Rule: Judges, Jurors, And Admissibility Hearings, Robert Evans Feb 2023

The Consensus Rule: Judges, Jurors, And Admissibility Hearings, Robert Evans

Villanova Law Review (1956 - )

No abstract provided.


The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill Feb 2023

The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill

Villanova Law Review (1956 - )

No abstract provided.


The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins Feb 2023

The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins

Villanova Law Review (1956 - )

No abstract provided.


The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel Feb 2023

The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel

Villanova Law Review (1956 - )

No abstract provided.


What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman Feb 2023

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Friendship As The Primary Purpose Of Law, Michael P. Moreland Oct 2022

Friendship As The Primary Purpose Of Law, Michael P. Moreland

Faculty Publications

A significant aspect of the legacy of John Finnis is the restoration of friendship to a central place in moral, political, and legal theory building on the classical tradition in Plato, Aristotle, and Aquinas. This essay surveys the implications of friendship for law by way of exploring Finnis’s treatment of friendship in several of his works, including friendship as a condition for discourse, friendship as an especially important illustration of the central case, the relationship between friendship and the common good, and the place of civic friendship in a political community. The essay concludes with a discussion of friendship with …


Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor Oct 2022

Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith Oct 2022

Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier Oct 2022

Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss Oct 2022

Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley May 2021

Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum May 2021

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein May 2021

The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Strategies To Bring Down A Giant: Auer Deference Vulnerable After Reprieve In Kisor V.Wilkie, Shelby M. Krafka Oct 2020

Strategies To Bring Down A Giant: Auer Deference Vulnerable After Reprieve In Kisor V.Wilkie, Shelby M. Krafka

Villanova Law Review (1956 - )

No abstract provided.


Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley Mar 2020

Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley

Faculty Publications

Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of the Constitution and laws. Most of what the public knows about the Supreme Court necessarily comes from the press. That fact raises questions of considerable importance to the functioning of our constitutional democracy: How, for example, does the press describe the work of the Supreme Court? And has the way in which the press describes the work of the Court changed over the past several …