Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (51)
- Courts (38)
- Law and Society (38)
- Judges (34)
- State and Local Government Law (25)
-
- Comparative and Foreign Law (23)
- Criminal Law (20)
- Environmental Law (20)
- Immigration Law (20)
- International Law (20)
- Military, War, and Peace (20)
- Legislation (19)
- Health Law and Policy (18)
- Legal Ethics and Professional Responsibility (18)
- Oil, Gas, and Mineral Law (16)
- Civil Rights and Discrimination (15)
- Criminal Procedure (14)
- Jurisdiction (14)
- Legal History (14)
- Administrative Law (13)
- First Amendment (13)
- Human Rights Law (13)
- Law and Gender (13)
- Law and Politics (13)
- Supreme Court of the United States (13)
- Intellectual Property Law (10)
- Common Law (8)
- Civil Procedure (7)
- Institution
-
- Yeshiva University, Cardozo School of Law (21)
- St. Mary's University (17)
- University of Georgia School of Law (15)
- Barry University School of Law (11)
- Touro University Jacob D. Fuchsberg Law Center (11)
-
- Notre Dame Law School (8)
- University of Baltimore Law (7)
- University of Colorado Law School (7)
- University of Michigan Law School (7)
- American University Washington College of Law (6)
- Georgetown University Law Center (6)
- New York Law School (6)
- University of Florida Levin College of Law (6)
- Georgia State University College of Law (5)
- Pepperdine University (5)
- Duke Law (3)
- Florida State University College of Law (3)
- Marquette University Law School (3)
- SJ Quinney College of Law, University of Utah (3)
- Schulich School of Law, Dalhousie University (3)
- University of Arkansas, Fayetteville (3)
- University of Missouri-Kansas City School of Law (3)
- Fordham Law School (2)
- Seattle University School of Law (2)
- Texas A&M University School of Law (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Connecticut (2)
- University of Miami Law School (2)
- University of New Hampshire (2)
- University of Richmond (2)
- Keyword
-
- Jurisprudence (30)
- St. Mary’s University School of Law (9)
- Supreme Court (9)
- St. Mary’s Law Journal (8)
- Constitution (6)
-
- United States Supreme Court (6)
- Contemporary American Legal Education (5)
- Global issues (5)
- Humanities (5)
- Administrative law (4)
- Congress (4)
- Constitutional law (4)
- Courts (4)
- Discrimination (4)
- First Amendment (4)
- International law (4)
- Judges (4)
- Legislation (4)
- Legitimacy (4)
- AEDPA (3)
- Antiterrorism and Effective Death Penalty Act (3)
- Arbitration (3)
- Capital punishment (3)
- Criminal law (3)
- Death penalty (3)
- EU (3)
- Environmental law (3)
- European Union (3)
- Federalism (3)
- Harassment (3)
- Publication
-
- St. Mary's Law Journal (16)
- Faculty Scholarship (15)
- Georgia Journal of International & Comparative Law (13)
- Articles (11)
- Touro Law Review (10)
-
- Barry Law Review (7)
- Cardozo Law Review (7)
- Publications (7)
- Florida Law Review (6)
- Georgetown Law Faculty Publications and Other Works (6)
- Scholarly Articles in Law Reviews & Journals (6)
- Journal Articles (5)
- NYLS Law Review (5)
- Scholarly Works (4)
- University of Baltimore Law Review (4)
- All Faculty Scholarship (3)
- Articles, Book Chapters, & Popular Press (3)
- Cardozo Public Law, Policy & Ethics Journal (3)
- Faculty Works (3)
- Georgia State University Law Review (3)
- Journal of Food Law & Policy (3)
- Journal of the National Association of Administrative Law Judiciary (3)
- Law Faculty Publications (3)
- Marquette Law Review (3)
- Notre Dame Law Review (3)
- Scholarly Publications (3)
- Utah Law Review (3)
- Cardozo Journal of Conflict Resolution (2)
- Cardozo Journal of Equal Rights & Social Justice (2)
- Cardozo Law Review de•novo (2)
- Publication Type
Articles 121 - 150 of 199
Full-Text Articles in Jurisprudence
The Constitution According To Justices Scalia And Thomas: Alive And Kickin', Eric J. Segall
The Constitution According To Justices Scalia And Thomas: Alive And Kickin', Eric J. Segall
Faculty Publications By Year
No abstract provided.
Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay
Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay
Faculty Articles and Papers
In every American jurisdiction, new rules of law announced by a court are presumed to have retrospective effect — that is, they are presumed to apply to events occurring before the date of judgment. There are, however, exceptions in certain cases where a court believes that such application of the new rule will upset serious and reasonable reliance on the prior state of the law. This essay, a substantially abridged version of the United States Report on the subject, submitted at the Nineteenth International Congress of Comparative Law, summarizes these exceptional cases. It shows that the proper occasions for issuing …
The Texas Anti-Indemnity Act., Taylor R. Beaver
The Texas Anti-Indemnity Act., Taylor R. Beaver
St. Mary's Law Journal
Owners, general contractors, and subcontractors enter into agreements to ameliorate risk amongst those exercising control. Some of these include hold-harmless agreements, indemnity agreements, releases, and agreements conferring additional insured status to others. Typically, parties enjoy freedom to contract as they wish. Texas has long recognized, as a matter of public policy, a party’s right to draft contracts however it sees fit. Historically, risk-shifting agreements were enforceable if they passed the fair notice requirements, meaning the express negligence rule and the conspicuousness test. The trend in recent years, however, has been to limit exculpatory clauses. In 2011, the Texas Legislature effectively …
The Contract: Between Contract Law And Criminal Jurisprudence, Roni Rosenberg
The Contract: Between Contract Law And Criminal Jurisprudence, Roni Rosenberg
St. Thomas Law Review
The structure of the essay is as follows: Part I presents the general legal premise that enables the conviction of one who has caused harm by an omission in cases where the duty to act originates in a contractual obligation and highlights U.S. case law on this topic. Part II distinguishes between the duty to act that originates in a contract and a similar duty that is mentioned in case law and literature: the actual assumption of responsibility for a potential victim. Part III introduces various scenarios to assist in examining which contracts can serve as a source of a …
To The Victor Goes The Toil -- Remedies For Regulated Parties In Separation-Of-Powers Litigation, Kent H. Barnett
To The Victor Goes The Toil -- Remedies For Regulated Parties In Separation-Of-Powers Litigation, Kent H. Barnett
Scholarly Works
The U.S. Constitution imposes three key limits on the design of federal agencies. It constrains how agency officers are appointed, the extent of their independence from the President, and the range of issues that they can decide. Scholars have trumpeted the importance of these safeguards with soaring rhetoric. And the Supreme Court has permitted regulated parties to vindicate these safeguards through implied private rights of action under the Constitution. Regulated parties, for their part, have been successfully challenging agency structure with increased frequency. At the same time, regulated parties, courts, and scholars have largely ignored the practical question of “structural …
Joint Works Under United States Copyright Law: Judicial Legislation Through Statutory Misinterpretation, Michael B. Landau
Joint Works Under United States Copyright Law: Judicial Legislation Through Statutory Misinterpretation, Michael B. Landau
Faculty Publications By Year
No abstract provided.
Comments: Droning On About The Fourth Amendment: Adopting A Reasonable Fourth Amendment Jurisprudence To Prevent Unreasonable Searches By Unmanned Aircraft Systems, Joel Celso
University of Baltimore Law Review
No abstract provided.
Magna Carta In Supreme Court Jurisprudence, Stephen Wermiel
Magna Carta In Supreme Court Jurisprudence, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
Editor's Note: This article is adapted from "Magna Carta in Supreme Court Jurisprudence," which appears as Chapter 5 in Magna Carta and the Rule of Law, Daniel Magraw et al., eds., published by the American Bar Association in 2014.
What Is The Rule Of Law And Why Is It So Important?, Mortimer N.S. Sellers
What Is The Rule Of Law And Why Is It So Important?, Mortimer N.S. Sellers
Book Chapters
This chapter considers the rule of law from within the rule of law tradition, to clarify what the rule of law is, why it is so valuable, and how we can secure it.
Is My Case Mandamusable: A Guide To The Current State Of Texas Mandamus Law., Marialyn Barnard, Lorien Whyte, Emmanuel Garcia
Is My Case Mandamusable: A Guide To The Current State Of Texas Mandamus Law., Marialyn Barnard, Lorien Whyte, Emmanuel Garcia
St. Mary's Law Journal
It is important for all Texas lawyers to be knowledgeable about mandamus relief. Unfortunately, there is no bright line rule in terms of mandamus relief. The general rule for when mandamus relief may be granted is when the trial court clearly abused its discretion, and there is not an adequate remedy available from a court of appeals. A clear of abuse of discretion is determined if no other trial court would have come to the same conclusion. In deciding if mandamus relief is proper, appellate courts apply a balancing test. The appellate court considers several factors including: preserving relator’s substantive …
Mandamus Review Of The Granting Of The Motion For New Trial: Lost In The Thicket., Richard E. Flint
Mandamus Review Of The Granting Of The Motion For New Trial: Lost In The Thicket., Richard E. Flint
St. Mary's Law Journal
A trial court’s broad discretion in granting a new trial has been one of the mainstays of Texas jurisprudence since early statehood. Historically, this discretion was not subject to review through the ordinary appellate processes. This principle remains inviolate today, as the granting of a new trial is an interlocutory order from which the appellate courts of Texas do not have jurisdiction. Furthermore, the use of an original mandamus proceeding to compel a trial court to set aside the granting of a new trial has had only limited application. However, in response to the case of In re Columbia Medical …
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara Gordon
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara Gordon
Scholarly Works
What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all people, jurors who are asked to analyze information in a trial—even jurors who consciously want to reach a fair and accurate verdict—are unconsciously influenced by their internal goals and motivations. Some of these motives are specific to individual jurors; for instance, a potential juror with a financial interest in a case would be excluded from the jury pool. But other motivations, like the motive to understand the law …
Crossing The Bridge: African-Americans And The Necessity Of A 21st Century Human Rights Movement, Marissa Jackson Sow
Crossing The Bridge: African-Americans And The Necessity Of A 21st Century Human Rights Movement, Marissa Jackson Sow
Law Faculty Publications
I had the honor of hearing Judge Joseph Greenaway give the keynote address at Columbia University's Black Law Students Association's Paul Robeson Gala in 2010. He gave a stirring speech, which has since been published in the Columbia Journal of Race and Law, entitled Have We Crossed the Bridge Yet? The title and theme of His Honor's speech is a reference to David Remnick's The Bridge: The Life and Rise of Barack Obama, which, in turn, invokes the metaphor of the bridge as a representation of the African-American struggle toward equality. ...
Toward A Jurisprudence Of Drug Regulation, Matthew Herder
Toward A Jurisprudence Of Drug Regulation, Matthew Herder
Articles, Book Chapters, & Popular Press
Efforts to foster transparency in biopharmaceutical regulation are well underway: drug manufacturers are, for example, legally required to register clinical trials and share research results in the United States and Europe. Recently, the policy conversation has shifted toward the disclosure of clinical trial data, not just trial designs and basic results. Here, I argue that clinical trial registration and disclosure of clinical trial data are necessary but insufficient. There is also a need to ensure that regulatory decisions that flow from clinical trials — whether positive (i.e. product approvals) or negative (i.e. abandoned products, product refusals, and withdrawals) — are …
Reflections On The New Haven School, Molly Land
On Creativity In Constitutional Interpretation, Pierre Schlag
On Creativity In Constitutional Interpretation, Pierre Schlag
Publications
In the present article a particular aspect of constitutional interpretation will be considered. This aspect is called "creative" and involves retrieving the meaning of an object of interpretation. It is with regard to this particular aspect or moment of interpretation that creativity is often viewed as something to be avoided, to be shunned. If the task at hand is to "retrieve" some meaning, then the idea that this meaning can be created, in whole or in part, seems quite simply antithetical to the enterprise at hand. It suffices to note that many jurists and legal thinkers believe that interpretation as …
Restoring Trust And Advancing Justice: Adopting The Illinois Trust Act Is The Real Way To Secure Communities, Joseph M. Gietl
Restoring Trust And Advancing Justice: Adopting The Illinois Trust Act Is The Real Way To Secure Communities, Joseph M. Gietl
Public Interest Law Reporter
No abstract provided.
Saving Originalism’S Soul, Stephen E. Sachs
Therapeutic Jurisprudence, Barbara A. Babb, David B. Wexler
Therapeutic Jurisprudence, Barbara A. Babb, David B. Wexler
All Faculty Scholarship
Therapeutic jurisprudence, developed in the late 1980s, is a field of inquiry. It is a lens through which to examine the effects of substantive laws, legal rules, Iegal procedures, and the behavior of legal actors, including judges, lawyers, court personnel, and service providers, on the psychological and emotional well·being of justice system participants, including the Iegal actors themselves. Therapeutic Jurisprudence is a perspective or framework, and its use suggests the need to conduct empirical research to determine whether outcomes resulting from the application of substantive laws, legal rules, and legal procedures and from the behavior of legal actors have therapeutic …
Mapping Supreme Court Doctrine: Civil Pleading, Scott Dodson, Colin Starger
Mapping Supreme Court Doctrine: Civil Pleading, Scott Dodson, Colin Starger
All Faculty Scholarship
This essay, adapted from the video presentation available on Vimeo as #89845875, graphically depicts the genealogy and evolution of federal civil pleading standards in U.S. Supreme Court opinions over time. We show that the standard narrative — of a decline in pleading liberality from Conley to Twombly to Iqbal — is complicated by both progenitors and progeny. We therefore offer a fuller picture of the doctrine of Rule 8 pleading that ought to be of use to judges and practitioners in federal court. We also hope, through the video presentation, to introduce a new visual format for academic scholarship that …
Patent Eligibility Post-Myriad: Reinvigorated Judicial Wildcard Of Uncertain Effect, Christopher M. Holman
Patent Eligibility Post-Myriad: Reinvigorated Judicial Wildcard Of Uncertain Effect, Christopher M. Holman
Faculty Works
In the 1970s and early 1980s the US Supreme Court issued several landmark decisions establishing the contours of patent eligibility, a judicially created doctrine that serves as a gatekeeper to prevent the patenting of subject matter deemed so fundamental as to be better left unpatented. Over the course of the next 25 years the Court of Appeals of the Federal Circuit oversaw a progressive expansion in the scope subject matter deemed patent eligible, highlighted by the adoption in the 1990’s of a “useful, concrete and tangible” test for patent eligibility that for all practical purposes seemed to subsume the patent …
Autopsy Reports And The Confrontation Clause: A Presumption Of Admissibility, Daniel J. Capra, Joseph Tartakovsky
Autopsy Reports And The Confrontation Clause: A Presumption Of Admissibility, Daniel J. Capra, Joseph Tartakovsky
Faculty Scholarship
Courts nationwide are divided over whether autopsy reports are “testimonial” under the Sixth Amendment’s Confrontation Clause. Resolving that split will affect medical examiners as dramatically as Miranda did police. This article applies the latest Supreme Court jurisprudence to the work of modern medical examiners in a comprehensive inquiry. It argues that autopsy reports should be presumed non-testimonial—a presumption overcome only by a showing that law enforcement involvement materially influenced the examiner’s autopsy report.
Sotomayer's Supreme Court Race Jurisprudebce: 'Fidelity To The Law', Tanya K. Hernandez
Sotomayer's Supreme Court Race Jurisprudebce: 'Fidelity To The Law', Tanya K. Hernandez
Faculty Scholarship
During the Senate confirmation hearings for Justice Sonia Sotomayor, concerns were persistently raised about her ability to be impartial. Conservative pundit Rush Limbaugh and many others railed against her nomination, proclaiming on talk radio broadcasts from coast-to-coast that she is a reverse-racist and nothing less than anti-white. A review of the Supreme Court record of race-related cases demonstrates Justice Sotomayor’s continued commitment to her stated judicial philosophy of fidelity to the law, inasmuch as she has not sought the unilateral imposition of her own personal racial policy preferences but has instead worked as a team player to scrupulously apply legal …
Decorating The Structure: The Art Of Making Human Law, Brian Mccall
Decorating The Structure: The Art Of Making Human Law, Brian Mccall
Faculty Articles
This article continues to develop the theme of law as architecture begun in two published articles, The Architecture of Law: Building Law on a Solid Foundation, the Eternal and Natural Law and Consulting the Architect when Problems Arise: The Divine Law. Having considered the foundation and framework of human law, this article turns to the decoration of the structure through the craft of human law making. It examines the process whereby the natural law is determined in particular political communities. Human law is the craft of particularizing the general principles of natural law in a community’s laws. It relies on …
Toward A Jurisprudence Of The Civil Rights Acts, Robin West
Toward A Jurisprudence Of The Civil Rights Acts, Robin West
Georgetown Law Faculty Publications and Other Works
What is the nature of the “rights,” jurisprudentially, that the 1964 Civil Rights Act legally prescribed? And, more generally, what is a “civil right”? Today, lawyers tend to think of civil rights and particularly those that originated in the 1964 Act, as antidiscrimination rights: our “civil rights,” on this understanding, are our rights not to be discriminated against, by employers, schools, landlords, property vendors, hoteliers, restaurant owners, and providers of public transportation, no less than by states and state actors, on the basis of race, gender, ethnicity, age, sexuality or disability. Contemporary civil rights scholarship overwhelmingly reflects the same conception: …
Constitutional Skepticism: A Recovery And Preliminary Evaluation, Louis Michael Seidman
Constitutional Skepticism: A Recovery And Preliminary Evaluation, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
The aim of this article is to recover and reevaluate the American tradition of constitutional skepticism. Part I consists of a brief history of skepticism running from before the founding to the modern period. My aim here is not to provide anything like a complete description of the historical actors, texts, and events that I discuss. Instead, I link together familiar episodes and arguments that stretch across our history so as to demonstrate that they are part of a common narrative that has been crucial to our self-identity. Part II disentangles the various strands of skeptical argument. I argue that …
Book Review: American Jericho: A Book Review Of The Hanging Judge By Michael A. Ponsor, Giovanna Shay
Book Review: American Jericho: A Book Review Of The Hanging Judge By Michael A. Ponsor, Giovanna Shay
Faculty Scholarship
No abstract provided.
Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng
Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng
NYLS Law Review
No abstract provided.
Lionfish As A Metaphor For Governance In An Era Of Climate Change, Rebecca M. Bratspies
Lionfish As A Metaphor For Governance In An Era Of Climate Change, Rebecca M. Bratspies
NYLS Law Review
No abstract provided.
Expanding The “Geography” Of Policy Options To Reduce Greenhouse Gas Emissions: A Commentary On Hari Osofsky’S The Geography Of Solving Global Environmental Problems, William Ascher
NYLS Law Review
No abstract provided.