Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (48)
- Legal History (44)
- Courts (29)
- Judges (25)
- Law and Society (24)
-
- International Law (23)
- Litigation (19)
- Other Law (17)
- Law and Psychology (16)
- International Trade Law (15)
- Legislation (15)
- Legal Profession (12)
- Civil Rights and Discrimination (9)
- Health Law and Policy (8)
- Law and Gender (8)
- Family Law (7)
- Legal Writing and Research (7)
- State and Local Government Law (7)
- Social and Behavioral Sciences (6)
- Criminal Law (5)
- Environmental Law (5)
- Law and Politics (5)
- Legal Ethics and Professional Responsibility (5)
- Legal Studies (5)
- Legal Theory (5)
- Medical Jurisprudence (5)
- Supreme Court of the United States (5)
- Comparative and Foreign Law (4)
- Institution
-
- Yeshiva University, Cardozo School of Law (19)
- Seattle University School of Law (16)
- UIC School of Law (16)
- University of New Mexico (15)
- University of San Diego (11)
-
- American University Washington College of Law (10)
- Georgetown University Law Center (6)
- University of Michigan Law School (5)
- Cornell University Law School (4)
- St. Mary's University (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- University of Arkansas Little Rock (3)
- University of Malaya (3)
- Vanderbilt University Law School (3)
- Washington and Lee University School of Law (3)
- Loyola University Chicago, School of Law (2)
- University of Baltimore Law (2)
- University of Colorado Law School (2)
- University of Missouri-Kansas City School of Law (2)
- University of the Pacific (2)
- William & Mary Law School (2)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Duke Law (1)
- Liberty University (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Pace University (1)
- Schulich School of Law, Dalhousie University (1)
- Keyword
-
- Jurisprudence (17)
- Therapeutic jurisprudence (15)
- Appellate court (9)
- Psychology (9)
- Legal theory (5)
-
- Litigation (5)
- Psychological well-being (5)
- Role of courts (5)
- Trial court (5)
- Constitutional law (4)
- Feminist legal theorists (4)
- Judicial review (4)
- Legal process (4)
- Psychological consequences (4)
- St. Mary’s Law Journal (4)
- St. Mary’s University School of Law (4)
- Constitutional Law (3)
- Copyright (3)
- Court of appeals (3)
- David Wexler (3)
- Feminism (3)
- Internet (3)
- Judges (3)
- Legal reform (3)
- Louisiana (3)
- Punishment (3)
- Separation of powers (3)
- Annual Feminist Legal Theory Lecture Series of the Washington College of Law's Gender (2)
- Appellate courts (2)
- Assumed family distorts analysis (2)
- Publication
-
- Seattle University Law Review (16)
- UIC Law Review (16)
- United States - Mexico Law Journal (1993-2005) (15)
- Cardozo Law Review (13)
- San Diego Law Review (11)
-
- American University Journal of Gender, Social Policy & the Law (6)
- Articles (6)
- Georgetown Law Faculty Publications and Other Works (6)
- Cornell Law Faculty Publications (4)
- Michigan Law Review (4)
- Scholarly Works (4)
- St. Mary's Law Journal (4)
- All Faculty Scholarship (3)
- Scholarly Articles in Law Reviews & Journals (3)
- Student Works (2000-2009) (3)
- Vanderbilt Law School Faculty Publications (3)
- Faculty Publications (2)
- Faculty Publications & Other Works (2)
- Faculty Scholarship (2)
- Faculty Works (2)
- McGeorge School of Law Scholarly Articles (2)
- Publications (2)
- Scholarly Articles (2)
- The Journal of Appellate Practice and Process (2)
- Washington and Lee Law Review (2)
- Articles & Chapters (1)
- Cardozo Journal of International and Comparative Law (1)
- Dianne Pothier Collection (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Publications and Presentations (1)
- Publication Type
Articles 1 - 30 of 149
Full-Text Articles in Jurisprudence
The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright
The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright
All Faculty Scholarship
Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive …
Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins
Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Cardozo Law Review
No abstract provided.
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Michigan Law Review
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
Assessing The New Judicial Minimalism, Christopher J. Peters
Assessing The New Judicial Minimalism, Christopher J. Peters
All Faculty Scholarship
In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000), I critique some recently prominent arguments for "judicial minimalism" in constitutional decisionmaking. Current minimalist arguments, I contend, are primarily "policentric," that is, focused on the role the judiciary can play in bolstering the accountability and deliberativeness of the political branches. Drawing in part on a previous article, I offer an alternative approach to minimalism that is "juricentric" - focused on the inherent democratic legitimacy of the adjudicative process and the unique competence of that process to produce decisions about individual rights. I …
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.
Disentangling Deregulatory Takings, Jim Rossi, Susan G. Rose-Ackerman
Disentangling Deregulatory Takings, Jim Rossi, Susan G. Rose-Ackerman
Vanderbilt Law School Faculty Publications
Constitutional takings protections, such as those in the Fifth Amendment of the United States Constitution, create a potential for state liability for changes in regulatory policy by governments. This Article critiques takings jurisprudence in the context of two infrastructure investment issues: the stranded cost problem facing United States utility industries, which has given rise to claims of compensation for deregulatory takings; and the development of standards to protect direct foreign investment in developing countries. In both contexts, traditional legal doctrines do not adequately provide for the type of remedy sought so courts are in need of standards to assist them …
Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham
Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham
Washington and Lee Law Review
No abstract provided.
Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Legal Hermeneutics At A Crossroads: Giuseppe Zaccaria's Questioni Di Interpretazione (1996), Ioannis S. Papadopoulos, Mark Tushnet
Legal Hermeneutics At A Crossroads: Giuseppe Zaccaria's Questioni Di Interpretazione (1996), Ioannis S. Papadopoulos, Mark Tushnet
Cardozo Journal of International and Comparative Law
The article explores the potential for enriching U.S. legal scholarship through engagement with European legal hermeneutics, particularly the work of Giuseppe Zaccaria. It argues that while U.S. legal thought has been influenced by various movements like legal realism and critical legal studies, it often lacks the deeper philosophical underpinnings found in continental scholarship. Zaccaria's work, rooted in hermeneutic theory, offers a bridge between European and American legal thought, emphasizing the role of practical reason, language, and community in legal interpretation.
Christians And The Military, Jeffrey C. Tuomala
Christians And The Military, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Empirical Methods And The Law, Theodore Eisenberg
Empirical Methods And The Law, Theodore Eisenberg
Cornell Law Faculty Publications
One can divide empirical analysis of legal issues into three major branches: (1) the use of scientific empirical analysis by litigants to attempt to prevail in individual cases, (2) the use of social scientific empirical analysis in individual cases, and (3) the use of the empirical methods to describe the legal system’s operation. The first two uses present difficulties that reflect a fundamental limitation on using statistical methods in law: the difference between establishing statistical association and establishing actual causation in an individual case filtered through our adversary legal system. The third use encounters no such obstacle and can aid …
Miranda'S Fall?, Kenji Yoshino
Miranda'S Fall?, Kenji Yoshino
Michigan Law Review
If one wishes to revisit a classic, Albert Crunus's The Fall is a riskier choice than Harper Lee's To Kill a Mockingbird, which Steven Lubet eloquently discussed last year in these pages. It is not only that Camus's work will be less familiar to legal audiences than Lee's, despite the fact that The Fall is becoming recognized through critical "revisitation" as perhaps Crunus's greatest novel. It is also that the legal protagonist of The Fall, Jean-Baptiste Clamence, does not have Atticus Finch's immediate appeal. Finch is idealistic, Clamence is existential; Finch is pious, Clamence is debauched; Finch is hopeful, Clamence …
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.
Notes On Carl Schmitt And Marxism, Benedetto Fontana
Notes On Carl Schmitt And Marxism, Benedetto Fontana
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
Schmitt Reads Marx, Jorge E. Dotti
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.
Forensic Constitutional Interpretation, Brian F. Havel
Forensic Constitutional Interpretation, Brian F. Havel
William & Mary Law Review
No abstract provided.
Foreword: Is Justice Just Us?, Christopher Slobogin
Foreword: Is Justice Just Us?, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This is a review of JUSTICE, LIABILITY AND BLAME, by Paul Robinson and John Darley. The book is a summary of 18 studies which surveyed lay subjects about their attitudes toward various aspects of criminal law doctrine, including the act requirement for attempt, omission liability, accomplice liability, the felony-murder role, and the intoxication and insanity defenses. In virtually every study, the authors found that the subjects disagreed with the Model Penal Code's position, the common law's position, or both. The authors contend that results of surveys such as theirs should play a significant role in designing criminal doctrine, both because …
Front Matter, United States-Mexico Law Journal
Front Matter, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Production And Distribution Of Electric Power In Mexico: Today And Tomorrow, James A. Dement Jr.
Production And Distribution Of Electric Power In Mexico: Today And Tomorrow, James A. Dement Jr.
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Product Liability Claims On Both Sides Of The Border: A Panel Discussion, Michael W. Gordon, Carlos Loperena, David Epstein, Adolfo E. Jimenez, Jose A. Santos Jr., Francisco Velazquez
Product Liability Claims On Both Sides Of The Border: A Panel Discussion, Michael W. Gordon, Carlos Loperena, David Epstein, Adolfo E. Jimenez, Jose A. Santos Jr., Francisco Velazquez
United States - Mexico Law Journal (1993-2005)
No abstract provided.