Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons™

Open Access. Powered by Scholars. Published by Universities.®

2003

Discipline
Institution
Keyword
Publication
Publication Type

Articles 121 - 150 of 243

Full-Text Articles in Jurisprudence

Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner Feb 2003

Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner

Michigan Law Review

Cass Sunstein and Adrian Vermeule argue in Interpretation and lnstitutions that judicial interpretation of statutes and constitutions should take account both of the institutional framework within which interpretation takes place and of the consequences of different styles of interpretation; they further argue that this point has been neglected by previous scholars. The first half of the thesis is correct but obvious; the second half, which the authors state in terms emphatic to the point of being immodest, is incorrect. Moreover, the authors offer no feasible suggestions for how the relation between interpretation and the institutional framework might be studied better …

Go to article

Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule Feb 2003

Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule

Michigan Law Review

In law, problems of interpretation can be explored at different levels of generality. At the most specific level, people might urge that the Equal Protection Clause forbids affirmative action, or that the Food and Drug Act applies to tobacco products. At a higher level of generality, people might argue that the Equal Protection Clause should be interpreted in accordance with the original understanding of its ratifiers, or that the meaning of the Food and Drug Act should be settled with careful attention to its legislative history. At a still higher level of generality, people might identify the considerations that bear …

Go to article

The Innocence Revolution And Our "Evolving Standards Of Decency" In Death Penalty Jurisprudence, Mark A. Godsey, Thomas Pulley Jan 2003

The Innocence Revolution And Our "Evolving Standards Of Decency" In Death Penalty Jurisprudence, Mark A. Godsey, Thomas Pulley

Faculty Articles and Other Publications

One cannot adequately consider whether the current administration of the death penalty in America measures up to modern notions of decency without doing so in light of the revolution that has occurred over the past decade in the American criminal-justice system - the Innocence Revolution. Up through the 1990s, as a society, we believed our criminal-justice system was highly accurate, but the recent advent of DNA testing and other advanced technologies has demonstrated the naiveté of such beliefs. This article will discuss the history of the Innocence Revolution, examine the impact of that revolution on our society, and ask: "What …

Go to article

México: ¿Nuevamente Una Colonia Europea?, Richard Stith Jan 2003

México: ¿Nuevamente Una Colonia Europea?, Richard Stith

Law Faculty Publications

No abstract provided.

Go to article

Tracking The Circulatory Of Confession Jurisprudence After Massiah & (And) Miranda: Can A Superficial Application Of Property Law Make Sense Out Of Nonsense?, Rory Bahadur Jan 2003

Tracking The Circulatory Of Confession Jurisprudence After Massiah & (And) Miranda: Can A Superficial Application Of Property Law Make Sense Out Of Nonsense?, Rory Bahadur

St. Thomas Law Review

After Miranda v. Arizona and Massiah v. United States, there were arguably three doctrinally separate methodologies for determining the admissibility of confessions in criminal proceedings. The interaction of these three doctrines has generated a complex, contradictory, somewhat inexplicable, and chaotic jurisprudence. This paper re-examines the post- Miranda interaction of the three doctrines, and argues that basic property law provides a conceptual framework for reconciling what appears to be an otherwise arbitrary and unpalatable collection of Supreme Court decisions. Section one briefly examines the totality of the circumstances test and the Miranda and Massiah decisions themselves, not from the standpoint of …

Go to article

In The Wake Of Kyllo V. United States: The Future Of Thermal Imaging Cameras, 36 J. Marshall L. Rev. 507 (2003), Paul Kleppetsch Jan 2003

In The Wake Of Kyllo V. United States: The Future Of Thermal Imaging Cameras, 36 J. Marshall L. Rev. 507 (2003), Paul Kleppetsch

UIC Law Review

No abstract provided.

Go to article

Holmes, Common Law Theory, And Judicial Restraint, 36 J. Marshall L. Rev. 457 (2003), Frederic R. Kellogg Jan 2003

Holmes, Common Law Theory, And Judicial Restraint, 36 J. Marshall L. Rev. 457 (2003), Frederic R. Kellogg

UIC Law Review

No abstract provided.

Go to article

Into The Abyss: How Party Autonomy Supports Overreaching Through The Exercise Of Unequal Bargaining Power, 36 J. Marshall L. Rev. 421 (2003), Pamela Edwards Jan 2003

Into The Abyss: How Party Autonomy Supports Overreaching Through The Exercise Of Unequal Bargaining Power, 36 J. Marshall L. Rev. 421 (2003), Pamela Edwards

UIC Law Review

No abstract provided.

Go to article

Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich Jan 2003

Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich

UIC Law Review

No abstract provided.

Go to article

The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover Jan 2003

The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover

UIC Law Review

No abstract provided.

Go to article

Americans With Disabilities Act (Ada), Seventh Circuit Review, 36 J. Marshall L. Rev. 953 (2003), Paul Cherner, Abel Leon Jan 2003

Americans With Disabilities Act (Ada), Seventh Circuit Review, 36 J. Marshall L. Rev. 953 (2003), Paul Cherner, Abel Leon

UIC Law Review

No abstract provided.

Go to article

Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman Jan 2003

Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman

UIC Law Review

No abstract provided.

Go to article

Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell Jan 2003

Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell

Michigan Journal of Gender & Law

This Article analyzes how newspapers described and characterized the civil rights provision over the past decade and shaped the public discourse about the law. The author examines how lower federal courts, and eventually the Supreme Court, categorized the VAWA remedy when deciding whether Congress had acted within its commerce powers. After considering why there may have been resistance in the press and in the courts to VAWA's categorization of violence against women as a civil rights issue, the author concludes by examining the remedies that have been introduced at the state and local level for victims of gender-motivated violence, and …

Go to article

The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff Jan 2003

The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff

Northwestern Journal of International Law & Business

In the context of company law, the term "ultra vires" is normally used to describe acts that are beyond the scope of the powers of a corporation. Rules concerning ultra vires acts of companies have changed in recent years in mainland China, Taiwan and the Hong Kong Special Administrative Region ("Hong Kong"). It appears that in all of these parts of Greater China, the legal frameworks are now rather similar to each other and seem to resemble the rules that are applied in the Macau Special Administrative Region ("Macau"). This, of course, provokes questions: what are the reasons for these …

Go to article

The Easy Case Against Tax Simplification, Samuel A. Donaldson Jan 2003

The Easy Case Against Tax Simplification, Samuel A. Donaldson

Faculty Publications By Year

There is growing political momentum to simplify the Internal Revenue Code. While the federal tax laws should be no more complex than necessary, this Article demonstrates that tax complexity is not as bad as political rhetoric leads us to believe. The Article makes four arguments in support of this thesis. First, the forces comprising tax complexity are either inevitable or net beneficial, so calls for simplification are ultimately pointless. Second, the alleged harms of tax complexity are either unproven or overstated, so the need for simplification is questionable. Third, significant proposals for simplification are flawed because they either overcorrect for …

Go to article

Negotiating The Jurisprudential Terrain: A Model Theoretic Approach To Legal Theory, Christopher Roederer Jan 2003

Negotiating The Jurisprudential Terrain: A Model Theoretic Approach To Legal Theory, Christopher Roederer

Seattle University Law Review

This paper explores borrowing a meta-theoretical approach to theory from the natural and social sciences in order to provide a framework within which to situate and evaluate the various theories one encounters in the field of law and jurisprudence. Often it is the case that students of jurisprudence go from one school or theory to another with one of three responses: (1) this makes no sense to me; (2) this makes some sense, but what is the point or relevance; or (3) this makes sense and seems true, but so do many of the schools, theories, and theorists we have …

Go to article

Judicial Independence In Family Courts, Barbara A. Babb, Judith D. Moran Jan 2003

Judicial Independence In Family Courts, Barbara A. Babb, Judith D. Moran

All Faculty Scholarship

No abstract provided.

Go to article

Court Review: Volume 39, Issue 4 - Index Jan 2003

Court Review: Volume 39, Issue 4 - Index

Court Review: Journal of the American Judges Association

No abstract provided.

Go to article

Court Review: Volume 39, Issue 4 - The Day Sars Came To Town: The Court’S Role In Preventing Epidemics, Ian B. Cowan Jan 2003

Court Review: Volume 39, Issue 4 - The Day Sars Came To Town: The Court’S Role In Preventing Epidemics, Ian B. Cowan

Court Review: Journal of the American Judges Association

PROTOCOL FOR HPPA APPLICATIONS IN THE DAVIS COURT BY THE MEDICAL OFFICER OF HEALTH

Go to article

Court Review: Volume 39, Issue 4 - President’S Column, Francis X. Halligan Jr. Jan 2003

Court Review: Volume 39, Issue 4 - President’S Column, Francis X. Halligan Jr.

Court Review: Journal of the American Judges Association

Upon assuming the presidency of the American Judges Association at the 2002 Annual Conference in Maui, I indicated that it was one of my goals for the AJA to have a greater participation in the activities of the United Nations. We have an association with the U.N. as a Non-Governmental Organization (NGO) affiliate.

Go to article

Court Review: Volume 39, Issue 4 - Complete Issue Jan 2003

Court Review: Volume 39, Issue 4 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Go to article

Court Review: Volume 39, Issue 4 - The Federal Sentencing Guidelines: An Infectious Antidote, Rosalind Alexis Sargent Jan 2003

Court Review: Volume 39, Issue 4 - The Federal Sentencing Guidelines: An Infectious Antidote, Rosalind Alexis Sargent

Court Review: Journal of the American Judges Association

Why should a bank robber in California get a different sentence than a bank robber in Texas? This was the rallying cry behind the legislative implementation of the Federal Sentencing Guidelines. The Senate Judiciary Committee found that a major source of the astounding variations in federal sentencing for identical crimes was the “judge factor.” Federal judges had the discretion to select a sentence from anywhere within a broad statutory range for each offense. The judge had the sole responsibility of assessing each individual offender and deciding where, within that broad range, the offender should receive a sentence. As a result, …

Go to article

Court Review: Volume 39, Issue 4 - Editor's Note Jan 2003

Court Review: Volume 39, Issue 4 - Editor's Note

Court Review: Journal of the American Judges Association

Before describing each of the articles in this issue, let me take a moment to comment on the sorts of problems that arise in editing a journal intended for both a United States and Canadian audience. The American Judges Association was formed in the United States and has most of its members there. It also has a substantial—and growing—membership in Canada. As our Canadian readers are well aware, there are some differences in the way the English language is used in Canada and in the United States. (For an entertaining and enlightening discussion of some of the differences, prepared by …

Go to article

Court Review: Volume 39, Issue 4 - The Ignition Interlock System: An Evidentiary Tool Becomes A Sentencing Element, Andrew Fulkerson Jan 2003

Court Review: Volume 39, Issue 4 - The Ignition Interlock System: An Evidentiary Tool Becomes A Sentencing Element, Andrew Fulkerson

Court Review: Journal of the American Judges Association

Technology is becoming an increasingly pervasive aspect of the criminal justice system. One of the earliest technological innovations in the investigation of crimes was the use of fingerprints for identification of suspects. Fingerprinting began as an investigatory tool and by the early 20th century was accepted as scientific evidence in court proceedings.

Courts now increasingly rely upon expert witnesses to explain scientific evidence, which is often critical in the decision- making process for criminal and civil courts. While technology has routinely been utilized as both investigatory and evidentiary devices, only in the last decade has a technological device made the …

Go to article

Court Review: Volume 39, Issue 4 - Cover Jan 2003

Court Review: Volume 39, Issue 4 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Go to article

Court Review: Volume 39, Issue 4 - Table Of Contents Jan 2003

Court Review: Volume 39, Issue 4 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Go to article

Court Review: Volume 39, Issue 4 - The Ignition Interlock System: An Evidentiary Tool Becomes A Sentencing Element, Andrew Fulkerson Jan 2003

Court Review: Volume 39, Issue 4 - The Ignition Interlock System: An Evidentiary Tool Becomes A Sentencing Element, Andrew Fulkerson

Court Review: Journal of the American Judges Association

Technology is becoming an increasingly pervasive aspect of the criminal justice system. One of the earliest technological innovations in the investigation of crimes was the use of fingerprints for identification of suspects. Fingerprinting began as an investigatory tool and by the early 20th century was accepted as scientific evidence in court proceedings. Courts now increasingly rely upon expert witnesses to explain scientific evidence, which is often critical in the decision- making process for criminal and civil courts. While technology has routinely been utilized as both investigatory and evidentiary devices, only in the last decade has a technological device made the …

Go to article

The Stages Of Legal Reasoning: Formalism, Analogy, And Realism, Wilson Huhn Jan 2003

The Stages Of Legal Reasoning: Formalism, Analogy, And Realism, Wilson Huhn

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan Jan 2003

Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan

Cardozo Journal of Equal Rights & Social Justice

The article explores the evolution of the feminist and environmental movements by incorporating diverse voices, highlighting the importance of anti-essentialism and intersectionality. It draws parallels between how both movements have expanded their definitions to address broader social justice issues, moving beyond initial narrow focuses.

Go to article

Holmes On Natural Law, Robert P. George Jan 2003

Holmes On Natural Law, Robert P. George

Villanova Law Review (1956 - )

No abstract provided.

Go to article

First Prev Next Last