Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (36)
- Constitutional Law (32)
- Law and Society (29)
- International Trade Law (27)
- Courts (22)
-
- Health Law and Policy (18)
- Legal Ethics and Professional Responsibility (18)
- Environmental Law (17)
- State and Local Government Law (17)
- Immigration Law (16)
- Military, War, and Peace (16)
- Oil, Gas, and Mineral Law (16)
- Comparative and Foreign Law (10)
- First Amendment (9)
- Law and Politics (8)
- Legal Education (8)
- Legal History (8)
- Judges (7)
- Law and Philosophy (7)
- Civil Procedure (6)
- Criminal Law (6)
- Criminal Procedure (6)
- Legislation (6)
- Supreme Court of the United States (5)
- Litigation (4)
- Arts and Humanities (3)
- Civil Rights and Discrimination (3)
- Common Law (3)
- Institution
-
- University of Nebraska - Lincoln (46)
- University of New Mexico (26)
- St. Mary's University (16)
- Yeshiva University, Cardozo School of Law (16)
- Washington and Lee University School of Law (10)
-
- UIC School of Law (9)
- University of Michigan Law School (9)
- Georgetown University Law Center (7)
- Association of American Law Schools (6)
- University of Arkansas Little Rock (6)
- American University Washington College of Law (4)
- William & Mary Law School (4)
- Vanderbilt University Law School (3)
- Brigham Young University Law School (2)
- Brooklyn Law School (2)
- Cornell University Law School (2)
- Maurer School of Law: Indiana University (2)
- St. Thomas University College of Law (2)
- University of Cincinnati College of Law (2)
- University of Colorado Law School (2)
- University of San Diego (2)
- University of Washington School of Law (2)
- Villanova University Charles Widger School of Law (2)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Duke Law (1)
- Florida State University College of Law (1)
- Northwestern Pritzker School of Law (1)
- Notre Dame Law School (1)
- Keyword
-
- Jurisprudence (17)
- St. Mary’s Law Journal (12)
- St. Mary’s University School of Law (11)
- 1891-1974 (8)
- United States/Supreme Court (8)
-
- Earl Warren (7)
- Judicial review (5)
- Constitutional interpretation (4)
- Ethics (4)
- Legal malpractice (4)
- Legal theory (4)
- United States Supreme Court (4)
- Breach of duty (3)
- Comparative law (3)
- Conflict of interest (3)
- Federalism (3)
- Legal education (3)
- Negligence (3)
- Supreme Court (3)
- Texas Supreme Court (3)
- American Bar Association (ABA) (2)
- Choices (2)
- Civil law (2)
- Common law (2)
- Constitutional Law (2)
- Courts (2)
- Criminal Law and Procedure (2)
- Damages (2)
- Dworkin (Ronald) (2)
- Eleventh Amendment (2)
- Publication
-
- Court Review: Journal of the American Judges Association (46)
- United States - Mexico Law Journal (1993-2005) (26)
- St. Mary's Law Journal (16)
- Cardozo Law Review (11)
- Washington and Lee Law Review (10)
-
- Articles (8)
- UIC Law Review (8)
- Georgetown Law Faculty Publications and Other Works (7)
- Journal of Legal Education (6)
- Faculty Scholarship (5)
- Michigan Law Review (4)
- The Journal of Appellate Practice and Process (4)
- William & Mary Law Review (3)
- American University Law Review (2)
- Cornell Law Faculty Publications (2)
- Faculty Articles and Other Publications (2)
- Law Faculty Publications (2)
- Publications (2)
- San Diego Law Review (2)
- Scholarly Articles in Law Reviews & Journals (2)
- Scholarly Works (2)
- Vanderbilt Law School Faculty Publications (2)
- Villanova Law Review (1956 - ) (2)
- All Faculty Scholarship (1)
- Articles by Maurer Faculty (1)
- BYU Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Dianne Pothier Collection (1)
- Faculty Articles (1)
- Faculty Publications (1)
- Publication Type
Articles 121 - 150 of 197
Full-Text Articles in Jurisprudence
Cooperation For Norminal Development Or Politics For Actual Survival? South Asia In The Making Of International Law, S.N. Al Habsy, Kishor Uprety
Cooperation For Norminal Development Or Politics For Actual Survival? South Asia In The Making Of International Law, S.N. Al Habsy, Kishor Uprety
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Court Review: Volume 38, Issue 4 - Age Differences Among Judges Regarding Maternal Preference In Child Custody Decisions, Leighton Stamps
Court Review: Volume 38, Issue 4 - Age Differences Among Judges Regarding Maternal Preference In Child Custody Decisions, Leighton Stamps
Court Review: Journal of the American Judges Association
Over the last 30 to 40 years, sweeping changes have occurred in societal attitudes toward divorce. These changes have been reflected in the laws governing divorce and child custody as well as in the increasing rate of divorce in the United States. Just as divorce laws have changed, making the divorce process much less difficult, there have also been dramatic changes in custody and visitation statutes. From the mid-1800s until the 1960s, maternal preference was the general rule in the large majority of judicial custody decisions. During this period, the mother’s “natural ability” to nurture the child was considered as …
Court Review: Volume 38, Issue 4 - Index Of Volume 38
Court Review: Volume 38, Issue 4 - Index Of Volume 38
Court Review: Journal of the American Judges Association
No abstract provided.
Effectuating Censorship: Civic Republicanism And The Secondary Effects Doctrine, 35 J. Marshall L. Rev. 189 (2002), Brandon K. Lemley
Effectuating Censorship: Civic Republicanism And The Secondary Effects Doctrine, 35 J. Marshall L. Rev. 189 (2002), Brandon K. Lemley
UIC Law Review
No abstract provided.
The Adversary System As A Means Of Seeking Truth And Justice, 35 J. Marshall L. Rev. 147 (2002), Robert G. Johnston, Sara Lufrano
The Adversary System As A Means Of Seeking Truth And Justice, 35 J. Marshall L. Rev. 147 (2002), Robert G. Johnston, Sara Lufrano
UIC Law Review
No abstract provided.
Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt
UIC Law Review
No abstract provided.
Jurisdictional Gerrymandering - Responding To Holmes Group V. Vornado Air Circulation Systems, 36 J. Marshall L. Rev. 1 (2002), Molly Mosley-Goren
Jurisdictional Gerrymandering - Responding To Holmes Group V. Vornado Air Circulation Systems, 36 J. Marshall L. Rev. 1 (2002), Molly Mosley-Goren
UIC Law Review
No abstract provided.
Freedom Of The Private-University Student Press: A Constitutional Proposal, 36 J. Marshall L. Rev. 139 (2002), Brian J. Steffen, John E. Ferguson
Freedom Of The Private-University Student Press: A Constitutional Proposal, 36 J. Marshall L. Rev. 139 (2002), Brian J. Steffen, John E. Ferguson
UIC Law Review
No abstract provided.
Reflecting On The Virtual Child Porn Decision, 36 J. Marshall L. Rev. 211 (2002), David L. Hudson
Reflecting On The Virtual Child Porn Decision, 36 J. Marshall L. Rev. 211 (2002), David L. Hudson
UIC Law Review
No abstract provided.
Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan
Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan
UIC Law Review
No abstract provided.
Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly
Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly
Northwestern Journal of International Law & Business
In a number of recent decisions the AB has begun to grapple in a non-systematic way with both the incorporation and creative interpretation issues.14 These decisions raise serious concerns that the AB is exceeding its authority under the DSU and inappropriately incorporating non-WTO law or interpreting WTO agreements in a manner that diminishes the rights of members. This article explores both the incorporation and creative interpretation questions by assessing the relative merits of three different models of how social regulatory policy might be integrated into WTO decision-making: the Judicial Activist Model, the Contract Model, and the Legislative Model.
Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael S. Jenuwine, Gene Griffin
Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael S. Jenuwine, Gene Griffin
Journal Articles
The article reviews the concept of therapeutic jurisprudence, integrating mental health principles into the juvenile justice system and the sentencing of juveniles. It discusses reasons why mental health and juvenile justice systems have not worked well together in the United States. The author describes current theories of juvenile justice and community health that would allow these systems to work better together, such as Balanced and Restorative Justice and the Child and Adolescent Service System Program. He explains how these theories can be better integrated into the juvenile justice system and argues that the best hope for therapeutic jurisprudence lies in …
The Missing Jurisprudence Of Merit, 11 B.U. Pub. Int. L.J. 141 (2002), Allen R. Kamp
The Missing Jurisprudence Of Merit, 11 B.U. Pub. Int. L.J. 141 (2002), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Don Herzog
Reviews
Ronald Dworkin's' latest might well seem sharply discontinuous with his other work. The formal theoretical apparatus that kicks off the book is a forbiddingly abstract - some will say arcane - hypothetical auction, coupled with a hypothetical insurance market. There is simply nothing like it in Taking Rights Seriously, or A Matter of Principle, or Law's Empire, or Life's Dominion, or Freedom's Law. Then again, Dworkin first published the key papers on the auction some twenty years. ago and has never flagged, as far as I know, in his commitment to the basic project.2 Theorists have been waiting for the …
Natural Law And Public Reasons, Kent Greenawalt
Natural Law And Public Reasons, Kent Greenawalt
Villanova Law Review (1956 - )
No abstract provided.
Pragmatism Regained, Christopher Kutz
Pragmatism Regained, Christopher Kutz
Michigan Law Review
Jules Coleman's The Practice of Principle serves as a focal point for current, newly intensified debates in legal theory, and provides some of the deepest, most sustained reflections on methodology that legal theory has seen. Coleman is one of the leading legal philosophers in the Anglo-American world, and his writings on tort theory, contract theory, the normative foundations of law and economics, social choice theory, and analytical jurisprudence have been the point of departure for much of the most interesting activity in the field for the last three decades. Indeed, the origin of this book lies in Oxford University's invitation …
Horrible Holmes, Mathias Reimann
Horrible Holmes, Mathias Reimann
Michigan Law Review
Holmes has kept scholars busy for most of a century, and the resulting volume of literature about him is staggering. In that last twenty years along, we have been blessed with four biographies, four symposia, three new collections of his works, two volumes of essays, and various monographs, not to mention a multitude of free-standing law review articles. Since life is short, everyone who adds to the deluge, including Albert Alschuler with his new book, bears a heavy responsibility to make the expenditure of trees, library space, and reading time worthwhile. Does Law Without Values fulfill that responsibility? Despite the …
Standards Of Review In Texas., W. Wendell Hall
Standards Of Review In Texas., W. Wendell Hall
St. Mary's Law Journal
Abstract Forthcoming.
An Essay On The Tort Of Negligent Infliction Of Emotion Distress In Texas: Stop Saying It Does Not Exist., Charles E. Cantu
An Essay On The Tort Of Negligent Infliction Of Emotion Distress In Texas: Stop Saying It Does Not Exist., Charles E. Cantu
St. Mary's Law Journal
The injury of emotional distress is an interesting tort, which has long perplexed the Anglo-American system of jurisprudence. While, originally, allegations of this kind did not constitute a cause of action, today, there is no question that an injured plaintiff may recover for the infliction of emotional distress. The majority and minority positions differ now only on what must be alleged and proved. Texas was the first jurisdiction in the United States to allow recovery for mental anguish. However, in 1993 in the case of Boyles v. Kerr, the Texas Supreme Court appeared to depart from the majority view when …
Appeals From Pleas Of Guilty And Nolo Contendere: History And Procedural Considerations., Kevin Yeary
Appeals From Pleas Of Guilty And Nolo Contendere: History And Procedural Considerations., Kevin Yeary
St. Mary's Law Journal
The changing history of appeal rights—made through decisional interpretation by the Texas Court of Criminal Appeals—highlights the importance of staying current on interpretations of procedural and substantive rules. Lawyers owe their clients a duty to understand the history of the right to appeal from a conviction following a guilty plea. Additionally, they owe their clients a duty to understand substantive and procedural requirements for maintaining such appeals, as well as to stay abreast of changes affecting these appeals. Recently, the Texas Court of Criminal Appeals handed down several opinions drastically reshaping the landscape for appeals following pleas of guilty and …
Doctrine Of Equivalents: Is Festo The Right Decision For The Biomedical Industry., Faith S. Fillman
Doctrine Of Equivalents: Is Festo The Right Decision For The Biomedical Industry., Faith S. Fillman
St. Mary's Law Journal
The doctrine of equivalents, which Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. threatens to overturn, is an equitable doctrine and should therefore provide patentees and competitors equal and fair protection. Prior to Festo, the Federal Circuit used two approaches: the complete bar rule and the flexible bar rule. Under the complete bar rule, the author must completely copy the patented art for infringement to occur, this is otherwise known as literal infringement. In contrast, under the flexible bar rule, infringement can occur if the product is closely related to the prior art. Federal Circuits have officially adopted the complete …
Toward A More Effective Standard Of Review: The Potential Effect Of Burdine V. Johnson On Legal Malpractice In Texas., Rebecca A. Copeland
Toward A More Effective Standard Of Review: The Potential Effect Of Burdine V. Johnson On Legal Malpractice In Texas., Rebecca A. Copeland
St. Mary's Law Journal
If the presence of a sleeping attorney is so egregious as to result in a reversal of a criminal conviction, it is surely enough to warrant the imposition of civil damages upon the same attorney. A recent trend of cases in which criminal defendants alleged ineffective assistance of counsel—due to sleeping attorneys—resulted in courts being unable to create a uniform analysis for ineffective assistance of counsel. The Sixth Amendment protects a criminal defendant’s right to effective assistance of counsel, and the Supreme Court has devised a two-prong analysis by which claims of ineffective assistance must be reviewed. Burdine v. Johnson …
Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss
Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss
Faculty Scholarship
No abstract provided.
The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson
The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson
UIC Law Review
No abstract provided.
Making Sense Of Pretext: An Analysis Of Evidentiary Requirements For Summary Judgment Litigants In The Fifth Circuit In Light Of Reeves V. Sanderson Plumbing Prodcuts, And A Proposal For Clarification., Eric S. Riester
St. Mary's Law Journal
Although the United States Supreme Court in Reeves v. Sanderson Plumbing Products, Inc. attempted to clarify the summary judgment landscape of Title VII employment discrimination cases, lower courts in the Fifth Circuit are still without guidance. Under Reeves, direct proof of discrimination is not required to defeat a motion for summary judgment as long as the circumstantial evidence allows a reasonable inference of discrimination. The required strength of the circumstantial evidence, however, remains a major issue in the Fifth Circuit. Since Reeves, the Fifth Circuit has not stated a uniform summary judgment standard, nor has it answered how much circumstantial …
Lincoln, Marshall And The Judicial Role, David F. Forte
Lincoln, Marshall And The Judicial Role, David F. Forte
Law Faculty Articles and Essays
Abraham Lincoln understood judicial activism. For Lincoln, the paradigm of the unrestrained Supreme Court was the decision in Dred Scott v. Sandford. Lincoln saw the "illegitimacy" of Dred Scott not in that the Supreme Court had overturned an act of Congress. It was, rather, that the Supreme Court, in the guise of making a legal decision, instead made a political decision. Even worse, it was a political decision that sought to redefine the polity in fundamental, constitutional terms. Lincoln's position echoed the most eloquent articulation of judicial review ever made by the Court: in Marbury vs. Madison, Chief Justice Marshall …
The Aesthetics Of American Law, Pierre Schlag
The Aesthetics Of American Law, Pierre Schlag
Publications
Before the ethical dreams and political ambitions of law can even be articulated, let alone realized, the aesthetics of law have already shaped the medium within which those projects will have to do their work. This work attempts to retrieve and expose those recurrent forms that shape the creation, apprehension, and identity of law. What is at stake is an attempt to reveal the aesthetics within which American law is cast. The point is not simply to appreciate these aesthetics, but to understand how "substantive" conflicts in law are often motivated, sustained and circumscribed by the aesthetics through which they …
The Role Of Comparative Law In Statutory And Constitutional Interpretation, Jens C. Dammann
The Role Of Comparative Law In Statutory And Constitutional Interpretation, Jens C. Dammann
St. Thomas Law Review
This article argues that comparative law can legitimately be used as a standard tool in the context of legal interpretation. Part I establishes a terminological framework for the analysis undertaken in this article. Part II examines existing attempts at justifying the use of comparative arguments in legal interpretation. It is shown that the approaches in question can only legitimize the use of comparative law in specific circumstances but fail to provide a general basis for the use of comparative reasoning. Part HI identifies possible objections to the legitimacy of comparative justification. To do so, it analyzes both the relevant literature …
Court Review: Volume 38, Issue 4 - Complete Issue
Court Review: Volume 38, Issue 4 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Beyond Interpretation, Pierre Schlag