Jurisprudence Commons^™

Constitutional Law—State Employees Have Private Cause Of Action Against Employers Under Family And Medical Leave Act—Nevada Department Of Human Resources V. Hibbs, 538 U.S. 721 (2003)., Gabriel H. Teninbaum

ExpressO

The Eleventh Amendment of the United States Constitution provides that non-consenting states are not subject to suit in federal court. Congress may, however, abrogate the states’ sovereign immunity by enacting legislation to enforce the provisions of the Fourteenth Amendment. In Nevada Department of Human Resources v. Hibbs, the Supreme Court of the United States considered whether Congress acted within its constitutional authority by abrogating sovereign immunity under the Family and Medical Leave Act (FMLA), which allows private causes of action against state employers to enforce the FMLA’s family-leave provision. The Court held abrogation was proper under the FMLA and state …

The Transformation Of An Academic Discipline: Law Professors In The Past And Future (Or Toy Story Too), Stephen M. Feldman

Journal of Legal Education

No abstract provided.

Court Review: Volume 40, Issue 3-4 - How Useful Is The New Aggressive Driving Legislation?, Victor E. Flango, Ann L. Keith

Court Review: Journal of the American Judges Association

Aggressive driving usually refers to a disregard for others on the road and is distinguished from the more extreme “road rage,” which involves violent, criminal acts. Nevertheless, with an 1,800 reported incidents of violent road behavior involving the use of an automobile in the United States in 1996, it is a national problem requiring attention. Aggressive driving is responsible for more than 27,000 fatalities per year as well as over 3,000,000 injuries, costing over $150 billion dollars.

A survey of 6,000 drivers by the National Highway Traffic Safety Administration (NHTSA) found that 60% of the drivers interviewed believed that unsafe …

Hegel's Logic Of Freedom, William Maker

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's conception of logic as a system where freedom is both the method and the content, enabling the achievement of absolute truth. It argues that Hegel's logic is not merely a formal exercise but is deeply rooted in content, leading to the realization of truth as freedom.

Why Hegel's Concept Is Not The Essence Of Things, Stephen Houlgate

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's philosophical framework, emphasizing the transition from being and essence to the concept, where the concept represents self-determining being. Hegel's Logic is both a structure of thought and an ontology, illustrating how being evolves through stages such as becoming, quantity, and substance, culminating in the concept. The concept is not a static category but a dynamic, self-sustaining process that encompasses being and essence without being reducible to either. It is immanent in nature, challenging notions of a separate, higher reality.

Hegel's Refutation Of Rational Egoism, In True Infinity And The Idea, Robert M. Wallace

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Why Are There Four Hegelian Judgments?, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

The article explores why Hegel's philosophy, typically structured in triads, includes four judgments instead of three. It argues that the four judgments—existence, reflection, necessity, and notion—are necessary to account for the external reflection or "silent fourth," a hidden element influencing the system. This structure deviates from Hegel's usual triadic approach to incorporate an essential mediator, crucial for his logical framework.

The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Introduction, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The One And The Concept: On Hegel's Reading Of Plato's Parmenides, Allegra De Laurentiis

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo

Cardozo Public Law, Policy & Ethics Journal

The article examines the conclusion of Hegel's Wissenschaft der Logik, focusing on the transition from the absolute idea to the absolute method. It argues that the absolute method is not merely the culmination of the logical process but is essential for establishing the speculative science of logic, which underpins Hegel's philosophical system. The absolute method rescues the logical development from non-dialectical thinking, providing a synoptic reconstruction that justifies the necessity of the system and leads to Realphilosophie.

Hegel's Science Of Logic In An Analytic Mode, Clark Butler

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

An Introduction To Lessigian Thought, Russ Taylor

Federal Communications Law Journal

Book Review: Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Lawrence Lessig, New York: Penguin Press, 2004, 306 pages.

A review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity by Lawrence Lessig. Lawrence Lessig is a frequent commentator and prolific writer on media and communications topics. His body of work touches copyright issues, radio spectrum policy, media ownership issues, and legal ownership and control of the physical platforms that deliver broadband content. In this 2004 publication, he focuses on copyright policy. …

Court Review: Volume 40, Issue 3-4 - Problem-Solving Supervision: Specialty Probation For Individuals With Mental Illnesses, John Petrila, Jennifer L. Skeem

Court Review: Journal of the American Judges Association

One of the most important developments in American law over the last decade has been the exponential growth of problem-solving courts. Such courts achieve efficiencies by consolidating certain types of cases before specially designated judges. Additionally, in many instances, problem-solving courts adopt a therapeutic focus by attempting to achieve outcomes (e.g., obtaining treatment for a defendant) that go beyond the traditional goals of the judicial system. A recent commentary in this journal noted that “problem-solving courts generally focus on the underlying chronic behaviors of criminal defendants.” These courts include, but are not limited to drug courts, mental health courts, domestic …

Court Review: Volume 40, Issue 3-4 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 3-4 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 3-4 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 3-4 - Court Gazing: Features Of Diversity In The U.S. Supreme Court Building, Hongxia Liu

Court Review: Journal of the American Judges Association

“Diversity is its strength, just as it is the strength of America itself,” wrote Justice Sandra Day O’Connor about the United States Supreme Court.1 The Court’s strength of diversity is manifested in various ways. To its thousands of visitors, the Supreme Court Building itself is perhaps the first and foremost exhibition of that strength of diversity.

In the nation’s highest court, high above the bench, are the figures of 18 historical lawgivers depicted in marble friezes. These 18 lawgivers are of different races and ethnicities, from Hammurabi to Moses to Confucius to John Marshall. They stand parallel, representing diverse legal …

Court Review: Volume 40, Issue 3-4 - Smarter Sentencing: On The Need To Consider Crime Reduction As A Goal, Michael Marcus

Court Review: Journal of the American Judges Association

In February, 2004, Oregon Governor Ted Kulongoski directed a newly created “Public Safety Review Steering Committee” to “look at our public safety system from beginning to end” and to develop “strategies to make the system stronger” wherever it does not sufficiently protect Oregonians. In common with many states, Oregon long ago adopted a modification of the penal code to declare crime reduction among the purposes of sentencing. And in common with many states, Oregon has adopted a sentencing guidelines model that roughly directs sentencing to reflect crime seriousness, criminal history, and prison resources—largely or entirely ignoring crime reduction. Apparently in …

Court Review: Volume 40, Issue 3-4 - Racial And Ethnic Bias In The Courts: Impressions From Public Hearings, Elizabeth Neeley

Court Review: Journal of the American Judges Association

Attitudes toward the courts can affect the way individuals perceive their role in the justice system: their willingness to comply with laws, report crimes, file legal suits, serve as jurors, and so on. In short, a positive public perception of the courts is “critical to the maintenance and operation of the judicial system.” Given the import of these perceptions, a substantial body of research has examined the factors that explain differing levels of support for the court system. Although many of these studies examine national samples or examine attitudes toward the U.S. Supreme Court, it is beyond the scope of …

Court Review: Volume 40, Issue 3-4 - Editor's Note

Court Review: Journal of the American Judges Association

With this double issue—and coming issues on jury reform and judicial independence in the trial court—we will be back on schedule by the time of the American Judges Association’s annual conference in October in San Francisco. I have appreciated your patience as our publication schedule has lagged behind the calendar; I have also appreciated the many kind comments we’ve received regarding the quality of the articles you have received.

Court Review: Volume 40, Issue 3-4 - President’S Column, Michael R. Mcadam

Court Review: Journal of the American Judges Association

I have just returned from the annual meeting of the Canadian Association of Provincial Court Judges (CAPCJ) in Whitehorse, Yukon Territory. I must first tell you what a wonderful group of judges I met in Canada. I made many new friends and was treated as an old friend. I later realized that this treatment was not due to my overwhelming personality but to the fact that the AJA is respected by Canadian judges and has a great reputation in Canada. Thus the AJA president is treated as a friend.

Court Review: Volume 40, Issue 3-4 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich

Articles

Satirical legal studies utilize humor and ridicule to critique the pretensions and follies of the legal profession and academia, transcending traditional boundaries and challenging established hierarchies. By blending satire with legal critique, this genre exposes the social and political dimensions of law, advocating for inclusivity and radical change. Despite facing backlash, satire remains a vital tool in legal discourse, offering fresh perspectives and engaging forms that keep legal studies dynamic and relevant.

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Faculty Scholarship

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …

The Iceberg Of Religious Freedom: Subsurface Levels Of Nonestablishment Discourse, Steven Douglas Smith

University of San Diego Public Law and Legal Theory Research Paper Series

This article discusses three levels of disagreement in establishment clause discourse– or what may be called the “lawyerly,” the “constitutive” (or “culture wars”), and the “philosophical” (or perhaps the “theological”) levels. Disagreement at the first of these levels is everywhere apparent in the way lawyers and justices and scholars write and argue; disagreement at the second level is somewhat less obtrusive but still easily discernible; disagreement at the third level is almost wholly beneath the surface. The manifest indeterminacy of lawyerly arguments suggests that in this area, premises are more likely to be derived from favored conclusions, not the other …

Yes, Thankfully, Euclid Lives, Charles M. Haara, Michael Allan Wolf

UF Law Faculty Publications

Professors Haar and Wolf reiterate their endorsement of Progressive jurisprudence, as embodied in the Supreme Court's opinion in Village of Euclid v. Ambler Realty Co., despite Professor Eric Claeys's effort to expose the political theory underlying Progressive legal thought. They highlight problems with Professor Claeys's portrayal of the actual practice of zoning and with his use of history, problems that seriously undercut Professor Claeys's findings regarding the political beliefs of early zoning and planning advocates, the evolution of zoning law in the courts, and the role natural law played in American legal history.

Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy Under Due Process, Tracy A. Thomas

San Diego Law Review

This essay is part of the 2003 Remedies Forum symposium comprised of international remedies scholars addressing the topic of equitable relief in the fifty years since Brown v. Board of Education. It may be true as other scholars have argued that since the time of Brown, institutional defendants have won at the expense of plaintiffs. Defendants have learned that delay and defiance work. The U.S. Supreme Court has adopted a standard for ordering equitable relief that significantly defers to defendant wrongdoers at the plaintiffs' expense. Epithets of activist courts and judicial legislation have colored the existing scholarship and portrayed remedial …

The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin

Cornell Law Faculty Publications

Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …

Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann

Cardozo Law Review

No abstract provided.