Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (42)
- Constitutional Law (39)
- State and Local Government Law (33)
- Immigration Law (32)
- Environmental Law (31)
-
- Health Law and Policy (31)
- Legal Ethics and Professional Responsibility (29)
- Legal History (29)
- Military, War, and Peace (29)
- Oil, Gas, and Mineral Law (29)
- Criminal Law (24)
- Courts (17)
- Legislation (16)
- Criminal Procedure (15)
- Judges (14)
- International Law (13)
- Human Rights Law (10)
- Intellectual Property Law (9)
- Litigation (9)
- Civil Procedure (8)
- Evidence (8)
- Supreme Court of the United States (8)
- Administrative Law (7)
- Contracts (7)
- Law and Economics (7)
- Law and Philosophy (7)
- Public Law and Legal Theory (7)
- Business Organizations Law (6)
- Institution
-
- University of Nebraska - Lincoln (56)
- St. Mary's University (28)
- Yeshiva University, Cardozo School of Law (18)
- University of Michigan Law School (12)
- BLR (11)
-
- American University Washington College of Law (9)
- Villanova University Charles Widger School of Law (8)
- UIC School of Law (6)
- University of Colorado Law School (6)
- Maurer School of Law: Indiana University (5)
- Seattle University School of Law (5)
- Texas A&M University School of Law (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- University of Miami Law School (4)
- Cleveland State University (3)
- Columbia Law School (3)
- Cornell University Law School (3)
- Pace University (3)
- University of Georgia School of Law (3)
- University of Richmond (3)
- Boston University School of Law (2)
- Brigham Young University Law School (2)
- Duke Law (2)
- Liberty University (2)
- Notre Dame Law School (2)
- University at Buffalo School of Law (2)
- University of Arkansas Little Rock (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Missouri-Kansas City School of Law (2)
- Washington and Lee University School of Law (2)
- Keyword
-
- Jurisprudence (47)
- St. Mary’s Law Journal (18)
- St. Mary’s University School of Law (18)
- Constitutional Law (14)
- Inc. (11)
-
- Legal History (9)
- Public Law and Legal Theory (6)
- Law and Society (5)
- United States Supreme Court (5)
- Constitutional law (4)
- Contracts (4)
- Courts (4)
- Criminal Law and Procedure (4)
- Death penalty (4)
- Formalism (4)
- General Law (4)
- Interpretation (4)
- Judges (4)
- Law and Economics (4)
- Model Rules of Professional Conduct (4)
- Originalism (4)
- Supreme Court (4)
- Texas Supreme Court (4)
- Book reviews (3)
- Civil rights (3)
- Equality (3)
- Human Rights Law (3)
- Intellectual property (3)
- Judicial review (3)
- LatCrit (3)
- Publication
-
- Court Review: Journal of the American Judges Association (54)
- St. Mary's Law Journal (28)
- Faculty Scholarship (13)
- Cardozo Law Review (11)
- ExpressO (11)
-
- Articles (9)
- Michigan Law Review (8)
- Working Paper Series (8)
- Publications (6)
- UIC Law Review (6)
- American University Journal of Gender, Social Policy & the Law (5)
- Scholarly Works (5)
- Journal Articles (4)
- Scholarly Articles in Law Reviews & Journals (4)
- Seattle University Law Review (4)
- Cornell Law Faculty Publications (3)
- Faculty Publications (3)
- Indiana Law Journal (3)
- Nevada Law Journal (3)
- University of Richmond Law Review (3)
- Articles by Maurer Faculty (2)
- BYU Law Review (2)
- Cleveland State Law Review (2)
- Faculty Articles (2)
- Faculty Publications and Presentations (2)
- Faculty Works (2)
- Pace Law Review (2)
- Scholarly Articles (2)
- State of Nebraska Judicial Branch (2)
- University of Arkansas at Little Rock Law Review (2)
- Publication Type
Articles 181 - 210 of 235
Full-Text Articles in Jurisprudence
Why Legal Ethics Rules Are Relevant To Lawyer Liability The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Douglas R. Richmond
Why Legal Ethics Rules Are Relevant To Lawyer Liability The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Douglas R. Richmond
St. Mary's Law Journal
The last two decades have witnessed the creation of a perilous liability environment for lawyers and law firms. Most discussions of lawyer liability begin with “legal malpractice,” a term which typically describes professional negligence. In a malpractice case, the plaintiff must prove the lawyer owed them a duty, the duty was breached, and the breach was the proximate cause of actual damages. The lawyer’s duty flows from the attorney-client relationship. But, the attorney-client relationship is also a fiduciary one, and lawyers may be sued for breach of the fiduciary duty. While these two causes of action are usually alleged simultaneously, …
Ethical Considerations Concerning Contacts By Counsel Or Investigators With Present And Former Employees Of An Opposing Party The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., James L. Burt, Jeremy J. Cook
Ethical Considerations Concerning Contacts By Counsel Or Investigators With Present And Former Employees Of An Opposing Party The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., James L. Burt, Jeremy J. Cook
St. Mary's Law Journal
Present and former employees of an opposing party are often the best source of information concerning that party’s activities. Contact with these employees or their representatives may be considered ethical or unethical depending on the circumstances. Unfortunately, the rules governing such contacts are neither clear nor consistent. The first issue lawyers must resolve is whether the present and former employees are considered “represented” under Rule 4.2 of the Model Rules of Professional Conduct. If they are “unrepresented” for purposes of Rule 4.2, the issue then becomes whether Rule 4.3 applies. Of grave importance are the potential sanctions, which include the …
Recent Developments In Texas Legal Malpractice Law The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Kellie M. Hinson, Elizabeth A. Snyder
Recent Developments In Texas Legal Malpractice Law The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Kellie M. Hinson, Elizabeth A. Snyder
St. Mary's Law Journal
Abstract Forthcoming.
International Legal Malpractice: Not Only Will The Dog Eventually Bark, It Will Also Bite The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Ethan S. Burger
St. Mary's Law Journal
The internationalization of legal practice presents numerous issues for lawyers, such as obtaining qualifications to practice law in foreign jurisdictions and developing the necessary knowledge. Different and possibly conflicting notions of standards of care and professional responsibility will arise. Globalization is widely regarded as the principal driving force in international economic and political relations. From the standpoint of business activity there are myriad ways to assess the impact of globalization. These include tracking rates of exchange, observing altered methods, or examining how attitudes and information has changed. Globalization has increased the demand for specialized accounting and legal services connected with …
Dean Robert William Piatt Dedication., N/A N/A
Dean Robert William Piatt Dedication., N/A N/A
St. Mary's Law Journal
Abstract Forthcoming.
Driving Down The Wrong Road: The Fifth Circuit's Definition Of Unauthorized Use Of A Motor Vehicle As A Crime Of Violence In The Immigration Context., Heather Harrison Volik
Driving Down The Wrong Road: The Fifth Circuit's Definition Of Unauthorized Use Of A Motor Vehicle As A Crime Of Violence In The Immigration Context., Heather Harrison Volik
St. Mary's Law Journal
Individuals who are not United States citizens and participate in violent or severe criminal activity are likely to be deported and become inadmissible for life. But noncitizens can also be deported for minor criminal activity which does not cause harm or serious damage. In such cases, deportation is an extreme punishment out of proportion to the offense. Unauthorized use of a motor vehicle (UUMV) is an example of a crime which can be committed without serious harm or damage. The Fifth Circuit regularly sustains decisions of lifetime reentry ban for noncitizens convicted of UUMV. Under immigration law, “aliens” who are …
Automatic Tolling Of The Voluntary Departure Period - A Circuit Split Recent Development., Katherine A. Tapley
Automatic Tolling Of The Voluntary Departure Period - A Circuit Split Recent Development., Katherine A. Tapley
St. Mary's Law Journal
Abstract Forthcoming.
What We Owe The World Are Thoughtful War-Crimes Trials That Do Justice Without Unduly Jeopardizing Innocent Lives By Compromising Vital Intelligence Comment., Sherry M. Barnash
What We Owe The World Are Thoughtful War-Crimes Trials That Do Justice Without Unduly Jeopardizing Innocent Lives By Compromising Vital Intelligence Comment., Sherry M. Barnash
St. Mary's Law Journal
In Hamdan v. Rumsfeld, the United States Supreme Court held the military commission convened to try accused terrorist Salim Ahmen Hamdan was unlawful. The Court concluded the Government could not lawfully proceed using established commission rules because the commission differed from courts-martial and did not follow certain aspects of the Geneva Convention. One procedure the Court found troubling was a provision in the Military Commission Order No. 1 which allowed the exclusion of the defendant and his civilian counsel from certain proceedings. Yet, denial of access was nothing new, as three decades prior Congress enacted the Classified Information Procedures Act …
The Evolving Standard For Granting Mandamus Relief In The Texas Supreme Court: One More Mile Market Down The Road Of No Return., Richard E. Flint
The Evolving Standard For Granting Mandamus Relief In The Texas Supreme Court: One More Mile Market Down The Road Of No Return., Richard E. Flint
St. Mary's Law Journal
The Prudential balancing test should be of concern for anyone interested in the rule of law. This test is the current binding precedent for determining when an appellate court should exercise its mandamus authority upon a finding of a clear abuse of discretion. This test has substantially altered one of the most time honored principles of mandamus jurisprudence, and replaced it with a newly articulated standard that leads to nothing short of ad hoc decision making. In the area of mandamus jurisprudence, the Texas Supreme Court has, from time to time, developed different ways to circumvent the common law history …
Comments: Electronic Access To Court Records: Shifting The Privacy Burden Away From Witnesses And Victims, John Losinger
Comments: Electronic Access To Court Records: Shifting The Privacy Burden Away From Witnesses And Victims, John Losinger
University of Baltimore Law Review
No abstract provided.
Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil
Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil
St. Mary's Law Journal
In the wake of a defeat in arbitration, trial lawyers seek appellate counsel looking for some method to escape the arbitrator’s decision. Most leave such offices disappointed after having been informed arbitration awards will be set aside by the courts “only in very unusual circumstances.” The Federal Arbitration Act (FAA) fully endorses arbitration and liberally encourages its use as an alternative to traditional litigation. Consistent with Congress’ focus on speed, efficiency, and cost reduction, a critical goal of arbitration is to establish “finality” at the earliest possible point. Unfortunately, early finality is antithetical to robust appellate proceedings. Yet, the FAA …
The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens
The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens
St. Mary's Law Journal
The Texas Supreme Court from 1911–1921 is best known not for the law it made or the opinions it wrote, but for its failure to decide cases. Although the supreme court’s difficulty in clearing its docket existed before 1911, the number of outstanding cases exploded during the second decade of the twentieth century. Arguably, the issue of statewide prohibition and the divergent views held on that issue by members of the Texas Supreme Court was the driving force behind the disharmony and dysfunctionality of the court during this decade. Statewide prohibition explains why elections of candidates to the court were …
Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren
Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren
St. Mary's Law Journal
To clarify divergent case law, Texas courts should adopt good faith as the necessary standard governing indemnity agreements. Texas court decisions limiting settlement of bond claims by sureties can be split into three categories: (1) those cases where indemnity agreements fail to vest authority in the indemnitee to settle claims or require a good faith standard; (2) those expressly stating indemnitees have authority to settle claims in good faith; and (2) those expressly vesting a surety with exclusive rights to determine which bonded claims should be settled. Under the first line of cases courts apply common law indemnity principles requiring …
Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
Faculty Works
No abstract provided.
In Re Simone D., Erin E. Martin
On Professors And Poor People - A Jurisprudential Memoir, Robert E. Rodes
On Professors And Poor People - A Jurisprudential Memoir, Robert E. Rodes
Journal Articles
This article describes the origin and sources of the author's jurisprudential doctrine, and his adoption of liberation theology as a way of reconciling Sociological Jurisprudence with the philosophy of history. It argues that the pursuit of justice is eschatologically validated even though its historical fruition is problematical. It goes on to discuss the working out in legal practice of the liberationists' call for a preferential option for the poor.
Transcript: Comments On Panel 1, Christine Farley
Transcript: Comments On Panel 1, Christine Farley
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Whose Public, Whose Order? Imperium, Region, And Normative Friction, Christopher J. Borgen
Whose Public, Whose Order? Imperium, Region, And Normative Friction, Christopher J. Borgen
Faculty Publications
Theories of international law and politics are a product of their times. They focus on the issues of the day (or of the immediate past) and their assumptions are often the assumptions of the society in which they were born. Perhaps that it is why so many international relations scholars were surprised by the end of the Cold War: Their theories were so informed by bipolarity that they were unable to see the actual changes that would transform the state system. As international relations scholars are re-assessing their theories in a post-Cold War world, lawyers may do the same concerning …
The Trans-Texas Corridor Plan: Will Best Value Highway Contract Procurement Under Comprehensive Development Agreements Leave The Lowest Competitive Bidder In The Dust Comment., Jason C. Petty
St. Mary's Law Journal
Abstract Forthcoming.
The Most Dangerous Justice Rides Into The Sunset, Paul H. Edelman, Jim Chen
The Most Dangerous Justice Rides Into The Sunset, Paul H. Edelman, Jim Chen
Vanderbilt Law School Faculty Publications
In this essay, our third and last in a series, we employ our previously developed techniques to measure the power of the Justices in the Rehnquist Court over its full 11 year run. Once again, Justice Kennedy rises to the top of our rankings, as he had done earlier. Our methods identify Justices Souter, Breyer and Ginsburg as being notable either for their influence or lack thereof. In addition, we rejoin the debate on the connection between being the median justice and being the most powerful one. We question whether even the most sophisticated methods of finding the median justice …
At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Deystone
At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Deystone
Publications
This Article has two primary goals. The first is descriptive and seeks to respond to what appears to be an increasing degree of confusion over the word "pragmatism," especially as it is used in a good deal of legal literature. This descriptive aim begins by separating out three general categories of pragmatism: (1) the so-called "everyday" pragmatism familiar to the American vernacular, (2) the classical philosophy of the early pragmatist authors like William James and John Dewey, and (3) pragmatism as understood in the context of law. The majority of the Article is subsequently concerned with exploring this last category, …
Structural Rights In Privacy, Harry Surden
Structural Rights In Privacy, Harry Surden
Publications
This Essay challenges the view that privacy interests are protected primarily by law. Based upon the understanding that society relies upon nonlegal devices such as markets, norms, and structure to regulate human behavior, this Essay calls attention to a class of regulatory devices known as latent structural constraints and provides a positive account of their role in regulating privacy. Structural constraints are physical or technological barriers which regulate conduct; they can be either explicit or latent. An example of an explicit structural constraint is a fence which is designed to prevent entry onto real property, thereby effectively enforcing property rights. …
Court Of Law And Court Of Public Opinion: Symbiotic Regulation Of The Corporate Management Duty Of Care, Tamar S. Frankel
Court Of Law And Court Of Public Opinion: Symbiotic Regulation Of The Corporate Management Duty Of Care, Tamar S. Frankel
Faculty Scholarship
In In re Walt Disney Co. Derivative Litigation the Delaware court exonerated the defendants for their handling of the Ovitz Affair, and yet condemned them. It is a classic example of how a court of law can make law without making law. By an obiter dictum, the Chancellor established the facts of the case and footnoted the sources much like a treatise or a casebook, recounted the general principles of the law, used strong words to describe the defendants' behavior, delved into the moral and business judgment of the defendants, and assisted the market in judging and enforcing its best …
Does Stare Decisis Apply In The Eighth Amendment Death Penalty Context, Meghan J. Ryan
Does Stare Decisis Apply In The Eighth Amendment Death Penalty Context, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
Throughout the past few decades, the Supreme Court has steadily chipped away at the death penalty. It was only recently, however, that courts have confronted what role precedent plays in the Eighth Amendment death penalty context. Surprisingly, few scholars have yet explored this important and complicated issue. Precedent in this area is unique because the law of the Eighth Amendment is always changing and the Eighth Amendment has been interpreted to be applied more broadly in the death penalty context. This Article argues that precedent in the Eighth Amendment death penalty context does not apply in the typical fashion. Instead …
Moiwana Village V. Suriname: A Portal Into Recent Jurisprudential Developments Of The Inter-American Court Of Human Rights, Thomas Antkowiak
Moiwana Village V. Suriname: A Portal Into Recent Jurisprudential Developments Of The Inter-American Court Of Human Rights, Thomas Antkowiak
Faculty Articles
On June 15, 2005, the Inter-American Court issued its judgment in Moiwana Village v. Suriname, which held Suriname responsible for numerous human rights violations and ordered several remedial measures. In a separate opinion, one of the Tribunal's veteran judges, Ant¿nio Can¿ado-Trindade, wrote that the case "raises issues of great transcendence." Certainly, the decision illustrates several of the Court's latest jurisprudential developments, and navigates a few rising socio-political tides in South and Central America. This brief essay seeks to demonstrate how the Moiwana case: a) presents factual situations that are increasingly common before the Court; b) continues to develop key legal …
Rediscovering The Public Interest: An Analysis Of The Common Law Governing Post-Employment Non-Compete Contracts For Media Employees, Cathy Packer, Johanna Cleary
Rediscovering The Public Interest: An Analysis Of The Common Law Governing Post-Employment Non-Compete Contracts For Media Employees, Cathy Packer, Johanna Cleary
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Aesthetic Judgment And Legal Justification, Guyora Binder
Aesthetic Judgment And Legal Justification, Guyora Binder
Journal Articles
Although criticized as illegitimate, literary elements are necessary features of legal argument. In a modern liberal state, law motivates compliance by justifying controversial prescriptions as products of an appropriate process for representing the will of society. Yet because law constructs the will of individual and collective actors in representing them, its representations are necessarily figurative rather than mimetic. In evaluating law's representation of society, citizens of the liberal state are also shaping their own ends. Such self-expressive choices, subjective but non-instrumental, entail aesthetic judgment. Thus the literary elements of rhetorical figuration and aesthetic appeal are fundamental, rather than merely ornamental, …
Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk
Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng
Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips
Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips
American University Journal of Gender, Social Policy & the Law
No abstract provided.