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Jurisprudence Commons

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2008

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Articles 181 - 200 of 200

Full-Text Articles in Jurisprudence

After Natural Law: A Hermeneutic Response To Law’S Quandary, Francis J. Mootz Iii Jan 2008

After Natural Law: A Hermeneutic Response To Law’S Quandary, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii Jan 2008

Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

This paper was presented on October 14, 2008 as part of a panel addressing "The Influence of Perelman in Legal Philosophy" at a conference hosted by the Perelman Center for the Philosophy of Law, Free University of Brussels.

I argue that Perelman's philosophy is connected with legal practice, but that he never made the connections between his philosophy and legal education explicit. I refer to the work of Isocrates and Vico, and conclude that Perelman's philosophy can teach us much about contemporary legal education as we strive to address the questions raised by the Carnegie Report.


The Evangelical Debate Over Climate Change, John Copeland Nagle Jan 2008

The Evangelical Debate Over Climate Change, John Copeland Nagle

Journal Articles

In 2006, a group of prominent evangelicals issued a statement calling for a greater response to climate change. Soon thereafter, another group of prominent evangelicals responded with their own statement urging caution before taking any action against climate change. This division among evangelicals concerning climate change may be surprising for a community that is usually portrayed as homogenous and as indifferent or hostile toward environmental regulation. Yet there is an ongoing debate among evangelicals regarding the severity of climate change, its causes, and the appropriate response. Why? The answer to this question is important because of the increasing prominence of …


The Power Of Interpretation: Religious Scholars Elevate The Status Of Female Guardians In Jewish Law, Yehiel S. Kaplan Jan 2008

The Power Of Interpretation: Religious Scholars Elevate The Status Of Female Guardians In Jewish Law, Yehiel S. Kaplan

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Beyond Trademark Law: What The Right Of Publicity Can Learn From Cultural Studies, David Tan Jan 2008

Beyond Trademark Law: What The Right Of Publicity Can Learn From Cultural Studies, David Tan

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Gender Justice Through Public Interest Litigation: Case Studies From India, Avani M. Sood Jan 2008

Gender Justice Through Public Interest Litigation: Case Studies From India, Avani M. Sood

Vanderbilt Journal of Transnational Law

This Article examines the application of the Supreme Court of India's enterprising Public Interest Litigation (PIL) mechanism to a subject of compelling global concern: violations of women's rights. India is currently receiving much international attention for its dynamism and innovation on various fronts, yet the country also remains steeped in centuries-old norms and conventions. This tension is reflected in the decisions of the Supreme Court, which has assumed an active role in enforcing women's rights through PIL but is sometimes limited in this regard by the complex cultural context in which it operates. Based on an analysis of Indian constitutional …


The Interpretation Game, Robert E. Rodes Jan 2008

The Interpretation Game, Robert E. Rodes

Journal Articles

Sir James Fitzjames Stephen, embarking on a powerful critique of John Stuart Mill, says: "In stating the grounds of one's dissent from wide-spread and influential opinions it is absolutely necessary to take some definite statement of those opinions as a starting point, and it is natural to take the ablest, the most reasonable, and the clearest." This is my justification for reviewing the present work. My disagreement with it is broad and deep, but, unlike many proponents of similar views, Professor Benson writes clearly and without jargon, and he brings to his work the experience of a working lawyer and …


Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua D. Sarnoff Jan 2008

Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua D. Sarnoff

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Kant On Copyright: Rights Of Transformative Authorship, Kim Treiger-Bar-Am Jan 2008

Kant On Copyright: Rights Of Transformative Authorship, Kim Treiger-Bar-Am

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Fantasy Sports: A Game Of Skill That Is Implicitly Legal Under State Law, And Now Explicitly Legal Under Federal Law, Jon Boswell Jan 2008

Fantasy Sports: A Game Of Skill That Is Implicitly Legal Under State Law, And Now Explicitly Legal Under Federal Law, Jon Boswell

Cardozo Arts & Entertainment Law Journal

No abstract provided.


What The Sioux Should Do: Lanham Act Challenges In The Post-Harjo Era, Jason Finkelstein Jan 2008

What The Sioux Should Do: Lanham Act Challenges In The Post-Harjo Era, Jason Finkelstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson Jan 2008

Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Wto And The Anti-Corruption Movement, Padideh Ala'i Jan 2008

The Wto And The Anti-Corruption Movement, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …


Risky Business: Massachusetts V. Epa, Risk-Based Harm, And Standing In The D.C. Circuit, Amanda Leiter Jan 2008

Risky Business: Massachusetts V. Epa, Risk-Based Harm, And Standing In The D.C. Circuit, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Chief Judges: The Limits Of Attitudinal Theory And Possible Paradox Of Managerial Judging, Tracey E. George, Albert H. Yoon Jan 2008

Chief Judges: The Limits Of Attitudinal Theory And Possible Paradox Of Managerial Judging, Tracey E. George, Albert H. Yoon

Vanderbilt Law School Faculty Publications

Chief judges wield power. Among other things, they control judicial assignments, circulate petitions to their colleagues, and manage internal requests and disputes. When exercising this power, do chiefs seek to serve as impartial court administrators or do they attempt to manufacture case outcomes that reflect their political beliefs? Because chiefs exercise their power almost entirely outside public view, no one knows. No one sees the chief judge change the composition of a panel before it is announced or delay consideration of a petition for en banc review or favor the requests of some colleagues while ignoring those of others. Chiefs …


Impartiality In Judicial Ethics: A Jurisprudential Analysis, W. Bradley Wendel Jan 2008

Impartiality In Judicial Ethics: A Jurisprudential Analysis, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Dole’S Future: A Strategic Analysis, Neil S. Siegel Jan 2008

Dole’S Future: A Strategic Analysis, Neil S. Siegel

Faculty Scholarship

As the U.S. Supreme Court imposes federalism-based limits on congressional power under the Commerce Clause and Section Five of the Fourteenth Amendment, Congress may be tempted to turn to the conditional spending power in order to achieve goals that it may not accomplish directly. In this article, I address whether a danger exists, as some suggest, that such use of the Spending Clause would render the Court more likely to cut back on its scope, narrowing or overruling South Dakota v. Dole, 483 U.S. 203 (1987). Using doctrinal analysis and game theory, I conclude that Congress should proceed with …


Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love Jan 2008

Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love

Articles

No abstract provided.


Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine Jan 2008

Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine

American Indian Law Review

No abstract provided.


Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins Jan 2008

Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins

American Indian Law Review

No abstract provided.