Jurisprudence Commons^™

Court Review: Volume 40, Issue 1 - Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Brady Behind Bars: The Prosecutor's Disclosure Obligations Regarding Dna In The Post-Conviction Arena, Brian T. Kohn

Cardozo Public Law, Policy & Ethics Journal

The article argues that the constitutional obligation of prosecutors to disclose exculpatory evidence, as established by Brady v. Maryland and its progeny, extends beyond a defendant's conviction and applies to postconviction DNA testing requests. It asserts that denying access to such testing violates both constitutional rights and the ethical duties of prosecutors, who are tasked with seeking justice rather than merely securing convictions. The analysis highlights the conflict in federal courts regarding the applicability of Brady to postconviction DNA testing and advocates for a broader interpretation of the doctrine to ensure innocence is not wrongly imprisoned.

Justice Scalia's Tax Jurisprudence, Stephen T. Black, Katherine D. Black

Law Faculty Scholarship

Justice Scalia is an outspoken conservative acclaimed for his remarkable intellect and scholarship, and is noted for his adherence to the principle of judicial restraint. He pursues what he insists is an "originalist" path that relies on the Constitution's actual text in decision-making. He works hard to try to maintain constitutional interpretation that does not change from case to case.

So what happens when an "originalist"--concerned that Congress writes imprecise legislation and then leaves its interpretation and application in the hands of administrative agencies or, worse yet, the courts-is forced to deal with tax issues? This article takes a look …

A Matter Of Constitutional Luck: The General Applicability Requirement In Free Exercise Jurisprudence, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.

Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg

Cardozo Law Review

No abstract provided.

Retrenchment On Entrenchment, Stewart E. Sterk

Articles

The article critiques the argument by Posner and Vermeule that legislative entrenchment—where a legislature passes laws that future legislatures cannot repeal without special procedures—is constitutionally permissible and normatively attractive. The author, Stewart E. Sterk, contends that their argument is flawed because it fails to address whether courts should enforce such entrenched laws, rendering their case legally and normatively incoherent. Sterk argues that entrenchment undermines democratic principles by allowing one legislature to bind future legislatures, potentially leading to intergenerational inequity and abuse by special interest groups. He advocates for mechanisms allowing future legislatures to adjust laws as needed, ensuring flexibility and …

First Options, Consent To Arbitration, And The Demise Of Separability: Restoring Access To Justice For Contracts With Arbitration Provisions, Richard C. Reuben

Faculty Publications

This article describes the context and current state of the law in this area under the Federal Arbitration Act (FAA), urges the Court to continue its path toward actual consent to arbitration, and suggests an approach for finally reconciling the tension between Prima Paint and First Options. Part II describes the nature and historical context of the arbitrability problem. Part III focuses specifically on the doctrine of separability, which is the most critical (and most complex) of these exceptions. Part IV discusses the impact on separability of recent U.S. Supreme Court case law, especially the 1995 decision in First Options …

Fundamentalism From The Perspective Of Liberal Tolerance, Leslie C. Griffin

Cardozo Law Review

No abstract provided.

Renvoi In Multinational Cases In New York Courts: Does Its Past Preclude Its Future?, Matthew Chait

Cardozo Journal of International and Comparative Law

The doctrine of renvoi, which requires courts to consider both the internal laws and conflict of laws rules of a foreign jurisdiction, has been a contentious issue in New York courts. While cases like In re Tallmadge rejected renvoi due to concerns of creating an endless cycle, In re Schneider embraced it, emphasizing the need to apply the whole law of the foreign jurisdiction. Modern approaches aim to integrate renvoi into interest analysis, focusing on practical applications to ascertain foreign interests accurately and promote reciprocity, while addressing concerns about sovereignty and forum shopping.

Pomo At War, Edward Rothstein

Cardozo Law Review

No abstract provided.

Reason And Authority In Legal Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson

Articles

The article critiques Pierre Schlag's normative legal thought, arguing that while his descriptive critique of law as a fiction is accurate, his normative proposal to abolish law is contradictory and flawed. By incorporating Lacanian psychoanalysis, the authors contend that law, as part of the symbolic order, is constitutive of subjectivity and cannot be abolished. They propose that legal scholarship should instead focus on exposing law's role in shaping subjectivity rather than seeking to eliminate it. The analysis emphasizes that law, like language, is an intersubjective system sustained by collective belief, despite lacking a concrete foundation.

Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich

Articles

The article examines Pierre Schlag's radical critique of legal reason and the legal academy, which challenges the profession's reliance on abstract norms and universal truths. Schlag's work, often met with hostility, exposes the material and emotional underpinnings of legal discourse, particularly the fear of losing control and status tied to the academy's faith in reason. His critique is situated within broader philosophical traditions that question the limits of reason and the importance of creativity in legal thought. The article also explores how Schlag's ideas intersect with other scholars' work, such as Reginald Leamon Robinson's analysis of legal narrative and identity, …

Pragmatist And Non-Pragmatist Knowledge Practices In American Law, Mariana Valverde

Pragmatism, Law and Governmentality

For anyone interested in documenting and analyzing knowledge practices, legal arenas prove to be fruitful sites, for at least two reasons. 1) First, questions of evidence and of authority are often explicitly contested, with the contestations often forming part of a court’s public record and/or going on in the public setting of the courtroom. Thus, unlike science studies scholars, who must gain access to social interactions that are not mentioned in scientific papers and that do not take place in public view, legal studies scholars have vast amounts of material – affidavits, trial transcripts, etc– that can readily be analyzed, …

Styles Of Pragmatism, Social Science And The Law, Robert P. Burns

Pragmatism, Law and Governmentality

I have long held as an ideal the words of one of foremost American interpreters of John Dewey's philosophy: "An adequate, comprehensive political and social theory must be at once empirical, interpretive, and critical." How these styles of social inquiry, whose practitioners often seem at war, might cohere has never been completely clear. This essay is an attempt to work out in a very limited context some of the issues surrounding these relationships. In particular, I want to explore the relationship between the interpretive style, which I take to be central, and the other two. The focus of these remarks …

Introduction: Water Law, Jay F. Stein

United States - Mexico Law Journal (1993-2005)

Also includes map of border of Mexico with the states of New Mexico and Texas

Emerging Water Issues In Mexico, Eduardo Viesca

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Mexico's Response To Problems Under The 1944 Treaty, Alberto Szekely

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Municipal Water Supply On The Border, Maria Elena Giner

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Claims Of The United States And Mexico Under The Treaty Of 1944 And The Municipal Acquisition Of Fresh Water Supplies In The Border Region, Jay F. Stein, Carlos Marin, Jill Warren, Alberto Szekely, Marilyn C. O'Leary, Maria Elena Giner

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Bellagio Draft Treaty As A Tool For Solving Border Groundwater Issues, Marilyn C. O'Leary

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion On The Future Of The Colorado River Delta, Malissa Hathaway Mckeith, David H. Getches, Jaime Palafox

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Introduction: The Current And Winding Paths Of Us-Mexico White Collar Crime, Bruce Zagaris

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Utah At The Crossroads: The Role Of The Judiciary In Initiative And Severability Law After Gallivan V. Walker, Jaysen Oldroyd

Brigham Young University Journal of Public Law

No abstract provided.

Water Law In The Republic Of Mexico, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Mexico's Compliance With The 1994 Water Treaty Between The United States And Mexico: A Texas Perspective, Jill Warren

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Mexico And U.S. White Collar Crime Prevention At The Millennium, Bruce Zagaris, Carlos Loperena Ruiz, Lucinda A. Low, Leo Romero, Rodrigo Labardini, Alejandro Posadas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Measures Adopted And Proposed By Mexico To Abate White Collar Crime, Luz Nunez Camacho

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion Of The Business Of Water In The Republic Of Mexico, Abdon Hernandez, Jacques Letontodot, Carlos Ramos Miranda, Len Stokes, Raul Rodriguez

United States - Mexico Law Journal (1993-2005)

No abstract provided.