Jurisprudence Commons^™

The Technological Limits Of The Rule Of Law, And The Perspective Of Developing States, Hannah Lim

Indonesia Law Review

The 4th industrial revolution and its attendant technologies have given rise to many discussions around the impact of technology on the rule of law. A fundamental premise of the rule of law is that it requires an effective sovereign to establish formal legality. The sovereigns undertaking this responsibility today are states. However, the digital spaces by their very nature challenge the ability of states to do so. Digital spaces present challenges to traditional territorial notions of jurisdiction resulting in their tendency to be “ungoverned”. Ungoverned digital spaces, as with their physical counterparts, are spaces where the rule of law does …

Deodand, Brian L. Frye

Seattle University Law Review Online

Deodands are a delightful example of a common law doctrine that caused something to happen: the Crown was enabled to tax tortfeasors. But not in a way anyone expected at the time or anyone understands today. Look on their logic and despair. You’ll never figure it out, no matter how hard you try. And that’s what makes them so lyrical. The concept of the deodand is beautiful even though we can’t understand it. Or rather, it’s beautiful because we can’t understand it. If we understood deodands, surely they would be as prosaic as life insurance and conceptual art.

In 1964, …

When The Sanity Code Becomes The Insanity Code: Following O'Bannon's Lead Is The Key To Solving Group Licensing For Ncaa Student-Athletes, Lee Vanhorn

Arkansas Law Review

"Many times when you lose, it's the greatest opportunity to improve. You have this unique opportunity to make dramatic change that you probably couldn't make when things seem to be going right." A YouTube channel titled “Deestroying” displays unique talents of a Costa Rican immigrant named Donald De La Haye (“De La Haye”). De La Haye has a second channel, “KD Family,” and together, the channels have a combined 486 million views and more than three million subscribers. De La Haye majored in marketing at the University of Central Florida (“UCF”), but creates content for his YouTube channels as his …

Nondelegation Of Major Questions, Clinton T. Summers

Arkansas Law Review

The Supreme Court has many tools at its disposal to address improper delegations of legislative power by Congress to the executive branch. Two of these tools are the nondelegation doctrine and the major questions doctrine. The nondelegation doctrine is a sledgehammer. Able to declare entire statutory provisions unconstitutional, its ability to do a lot of damage is perhaps the reason the Court never uses it. Indeed, the Court has only used it twice, both times in 1935. Although it’s old and rusty, the Court continues to keep it in the toolbox just in case. Since 1935, the Court has been …

A Costly Victory: June Medical, Federal Abortion Legislation, And Section 5 Of The Fourteenth Amendment, Thomas J. Molony

Arkansas Law Review

The United States Supreme Court’s recent major abortion ruling in June Medical Services L.L.C. v. Russo was a win for abortion rights supporters, but a costly one. Although the June Medical Court struck down a Louisiana law requiring abortion doctors to have admitting privileges at a local hospital, a majority of the Justices—and most importantly, Chief Justice Roberts, whose concurrence constitutes the Court’s holding—stressed that Casey’s constitutional standard for pre-viability abortion regulations is not the amorphous balancing test the Court suggested in Whole Woman’s Health v. Hellerstedt, but a more deferential one under which a pre-viability regulation typically will be …

Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege, Donald M. Barnes, Jay L. Levine

Arkansas Law Review

"When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization." There can be little dispute that food production is of vital interest to any nation’s security and economy. For this reason, the United States Congress, like many other legislatures around the world, has accorded special treatment to the agricultural industry, and particularly to farmers. One example of this special treatment is the Capper-Volstead Act, which provides farmers with immunity from antitrust liability for joint conduct undertaken by and through an “association” of producers.

Advisory Opinions And The Problem Of Legal Authority, Christian R. Burset

Vanderbilt Law Review

The prohibition against advisory opinions is fundamental to our understanding of federal judicial power, but we have misunderstood its origins. Discussions of the doctrine begin not with a constitutional text or even a court case, but a letter in which the Jay Court rejected President Washington’s request for legal advice. Courts and scholars have offered a variety of explanations for the Jay Court’s behavior. But they all depict the earliest Justices as responding to uniquely American concerns about advisory opinions.

This Article offers a different explanation. Drawing on previously untapped archival sources, it shows that judges throughout the anglophone world—not …

Law Enforcement's Lochner, Miriam H. Baer

Faculty Scholarship

No abstract provided.

Considering The Therapeutic Consequences Of Recent Reforms To Civil Statutes Of Limitations For Child Sexual Abuse Claims, Emma Hetherington

Scholarly Works

In recent years, child sexual abuse has emerged as a major topic of news, documentaries, and Hollywood films. Public attention on child sexual abuse, including the Boston Globe's reporting on the sexual abuse of children by priests in the Catholic Church, sexual abuse of elite gymnasts, and the #MeToo movement, have brought increased attention to the issue, sparking calls for reform and access to justice. State legislatures across the country have answered these calls for reform by seeking to improve civil statutes of limitation in order to increase survivor access to justice. Between 2002 and 2020, forty-eight states and the …

Paternalism, Tolerance, And Acceptance: Modeling The Evolution Of Equal Protection In The Constitutional Canon, John Tehranian

William & Mary Law Review

This Article proposes a legal taxonomy through which we can model changes in interpretations and applications of antidiscrimination principles to best understand the evolution of equal protection doctrine. The goal for doing so is two-fold. First, through a careful exegesis of a wide range of equal protection cases from the past hundred and fifty years, the analysis provides a positive theory to chart how respect for minority rights can progress within a given doctrinal space. Second, the analysis provides an unabashedly normative assessment of how closely a given legal regime comes to accepting and celebrating the inherent dignitary interests of …

Public Policy And The Insurability Of Cyber Risk, Asaf Lubin

Articles by Maurer Faculty

In June 2017, the food and beverage conglomerate Mondelez International became a victim of the NotPetya ransomware attack. Around 1,700 of its servers and 24,000 of the company’s laptops were suddenly and permanently unusable. Commercial supply and distribution disruptions, theft of credentials from many users, and unfulfilled customer orders soon followed, leading to losses that totaled more than $100 million. Unfortunately, Zurich, which had sold the company a property insurance policy that included a variety of coverages, informed Mondelez in 2018 that cyber coverage would be denied under the policy based on the “war exclusion clause.” This case, now pending, …

Enforcement Of The Reconstruction Amendments, Alexander Tsesis

Washington and Lee Law Review

This Article analyzes the delicate balance of congressional and judicial authority granted by the Reconstruction Amendments. The Thirteenth, Fourteenth, and Fifteenth Amendments vest Congress with powers to enforce civil rights, equal treatment, and civic participation. Their reach extends significantly beyond the Rehnquist and Roberts Courts’ narrow construction of congressional authority. In recent years, the Court has struck down laws that helped secure voter rights, protect religious liberties, and punish age or disability discrimination. Those holdings encroach on the amendments’ allocated powers of enforcement.

Textual, structural, historical, and normative analyses provide profound insights into the appropriate roles of the Supreme Court …

Here Stood My Dreaming Tree: A Proposal To Reform Non-Lpr Cancellation Of Removal To Bring Undocumented Immigrants Out Of The Shadows, Andrea Barrientos

Cardozo Journal of Equal Rights & Social Justice

The note advocates for expanding nonLPR (non-Lawful Permanent Resident) cancellation of removal as a pathway to lawful status for undocumented immigrants. It critiques the current system’s restrictive eligibility criteria, annual caps, and high hardship standards, arguing that these limitations exclude many deserving applicants. The proposed reforms aim to eliminate the 4,000-person cap, convert the relief into an affirmative process, and lower the hardship standard to align immigration policy with U.S. values of fairness and inclusion. By doing so, the reforms would stabilize families, reduce marginalization, and bring undocumented immigrants out of the shadows.

Significance Of Arbitration Islamic Jurisprudence-Dr. Abdul Majeed Al-Susuah

UAEU Law Journal

The significance of the concept of arbitration in Islam stems Form the fact that the verdict that the arbitrator reaches is considered binding for both adversaries. That is, his ruling cannot be rebutted, unless a legitimate justification calls for a rebuttal. Both adversaries can dismiss the arbitrator before he reaches his verdict. However, an opponent cannot dismiss the arbitrator after he listened to the case unless the other opponent agrees. The adversaries' approval of the arbitrator's decision is not required as long as it conforms with the Islamic Jurisdiction.

The convict has the right to file a petition, rebutting the …

The Endowment (Waqf) And Its Effect In Cultural And Scientific Development

UAEU Law Journal

This research is aim to show the truth of endowment which the Islam legislated and to clearing up the Islamic societies and the humanity needs, because the purposes are to achieve the progress for Human being Generally, happiness, and securing the spiritual and material ambitions.

The routes that Muslims treaded for that are the endowments of mosques, schools, Universities, general and special libraries, scientific and researching centers. They had constructed too much of these a length and wide of countries. They had spent a peerless generosity at these and scientists, teachers, employees, students and requisites which the marks still nowadays. …

Television Contests: Provisions And Purposes By Dr. Omar Saleh

UAEU Law Journal

Man is the major pillar of development. He is also the object of media programs from the mental, physical, and spiritual aspects. It is extremely important for the Arab and Islamic nation to upgrade its communication and mass media, especially in the age of globalization. This can be done through developing educational programs and purposeful contests. This study aims at clarifying the provisions pertaining to televised contests so that one can know whether to accept or reject them, or refrain from participating in these activities.

The study consists of an introduction, four sections and a conclusion. In section one the …

He Position Of Al-'Afu According To Usuli Scholars, Salih Al Zanki

UAEU Law Journal

The legal rulings had came free from useless ramifications and divisions. The purpose was to make things easy for people. So avoiding ramification at the time of legislation was a certain objective among the objectives of the Legislator that prevailed in all His rulings except for the domain of worship. What further strengthened the foundation of leniency is the existence of a space that is free from legislation, the usuli scholars labeled as the space or the position of Al-'afu. This research is devoted to discuss the issue of this position and its place in the usuli research. Light is …

Methods Of Extracting Opinions From Shari'a Texts, Saadedin Dedache

UAEU Law Journal

The search deals with the topic of how to conclude opinions from Islamic provisions (Istidlal), in particular, its concept, types, approach of scholars towards it, its fields, its role with respect to the interpretation of the Islamic provisions and its consequences in Islamic legislation.

It deals as well with the different typs of opinion of prophet's comp gains, their followers and people came after, who set standards for the accepted opinion.

The search concerns with a very controversial issue, I.E.

The relationship between opinion and Ijtihad, with providing some examples for some scholar's efforts and how the formers made their …

Ambiguous ( ) Views And Opinions Of The Four Imams In Issues Of The Fundamentals Of Jurisprudence, Ahmed Abdullah Al-Dweihi

UAEU Law Journal

The research study aims to clarify the most important ambiguous views and opinions of the four imams (Abu Hanifa, Malik, Al-Shafie and Ahmed) in relation to fundamentalist jurisprudence issues by tracing the attribution of that view or opinion to the Imam to demonstrate the aspects of ambiguity in them, and the most important interpretations, which scholars said of that view or opinion, in addition to explaining the chosen opinion. There is no doubt that demonstrating the Imam's intent of the expressions that provoke argument among scholars will contribute to the defense of the Imam against any attempts of tarnishing his …

Basic Rules Of Islamic Jurisprudence: Its Definition, Elements And Conditions, Abdel-Majid Al Salahin, Omar Bin Omar Samai

UAEU Law Journal

Core and picture basic is one of the famous jurisprudence basics that means in some cases the core and the picture shares each other some points, so the point here is which one of them is to be adopted and done whether for sure or more possibility

And this study goals to show of the real meaning of the first part of this basic which is the concept "core" that through being exposed to its most meaning and announcement, then to have the outcome and the definition which clarifies what do scientist want to tell us via this basic. And …

Appellate Review Of Courts-Martial In The United States, Scott W. Stucky

Catholic University Law Review

No abstract provided.

Why, Or Why Not, Be An Originalist?, Dean Reuter, Thomas Hardiman, Amy Coney Barrett, Michael C. Dorf, Saikrishna B. Prakash, Richard H. Pildes

Catholic University Law Review

On November 15, 2019, the Federalist Society hosted the second showcase panel of the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The topic of the panel was “Why, or Why Not, Be an Originalist?” There are a variety of arguments for following originalism today, such as justifications rooted in language, positivism, sovereignty, and consequences. This panel would look at many normative positions for and against originalism.

The Path Less Traveled: A Natural Law Critique Of Justice Holmes’ Path Of The Law, Alexander Hamilton

Catholic University Law Review

American law and jurisprudence fail to solve fundamental problems in our country. Every lawyer and judge practices, knowingly or unknowingly, from a particular philosophy of law. Much of the practice of law in the United States is rooted in the thought of Justice Oliver Wendell Holmes, Jr. Holmes taught that law was not grounded in morality and logic, but rather the pragmatic rulings of judges. Our law schools and courts today follow Holmes in defining law as merely what a judge says it is. This Comment argues that Justice Holmes’ definition of law was fundamentally flawed and his jurisprudence should …

Review Of A Book "Bedayatu Almujtahid, And Nihayatu Almuqtasid, Mohammed Suleiman Alnoor

UAEU Law Journal

This review aims at highlighting the status of this book: "Bedayatu Almujtahid Wa Nihayatu Almuqtasid". The review identifies the book, the author, his method in this book, and the subjects the terms used in it.

It also aims at identifying some of the books that drew on the book by studying the subjects of the book and the Fiqh resources that handled this book.

The Role Of Sunnah In The Protection Of The Environment

UAEU Law Journal

Protecting the environment from pollution is probably a major international problem. Islam preceded all man-made legislations in protecting the environment. The legislations of Islam were adequate enough to protect the environment in a way that guarantees the best use of it. This paper consists of five parts. In the first part, the concept of environment was defined from a linguistic, geographical, and general sense. The concept of environment in Islam and the role of man in protecting it were also explained in the first part. The second part of the paper was devoted to the role of the Sunnah in …

Justice In Distribution Of Resources In The Islamic Economic System, Abdel-Majid Al Salahin

UAEU Law Journal

The Islamic economic system is characterized by justice in division of resources between all members of society. In order to achieve this goal, Islamic jurisprudence determines appropriate strategy that takes into account rights of low- social class of community, and considers justice among all society members.

This research aims to shed light on this Islamic principle, and illustrates how these principles play a role in maintaining social security in a Moslem community.

Methods Of Rectifying Invalid Contracts, Ibrahim Al Shall

UAEU Law Journal

The Jurists have given the contracts a special interest regarding division, order & calssification, in order to be easily understood. A contract can be classified as true or untrue according to the majority of jurists. According to AlHanafiya jurists, however, it is classified as true, bad and invalid.

One issue has not been highlighted or researched in depth. It is the subject of whether the contract is considered invalidated if it is doubted, disputed on the grounds of its authenticity or its signature. This research.

The Legitimacy Of Woman Leading Men In Prayers, Ahmed Al-Suwai’I Shlibak

UAEU Law Journal

This research is dealing with the topic: “The legitimacy of a woman to lead men in the prayer”. The research is divided into an introduction and three subjects. The introduction contains the definition of Imamah (leadership) and the conditions that are required for the imam in the prayers. The first subject contains the rules for a woman leading men in prayers. The researcher observes this issue very carefully through discussing whether or not the woman has the right to become an Imam to lead the prayer, by showing the opinion of the scholars and their “daleels” (proofs) and discussing the …

The Ruling Of Staying Up In Islamic Jurisprudence

UAEU Law Journal

This research aims at clarifying and detailing the ruling concerning staying up awake at night in the Islamic sharia in light of the Sharia intentions and fundamental rules relevant to them. The most important rule is "what duty can be fulfilled with it". The rule of stopping execuses and rule of pairing between interests and disinterests.

The research concludes that staying up awake at night is divided into permitted and prohibited. As for detailing, it includes the five rulings of duty. It my be a duty if it is in guarding or a public interest for Muslims, etc.. It may …

Al-Mahkum Fih In Accordance With The Islamic Legislation’ Objectives, Adnan Mahmoud Al-Assaf

UAEU Law Journal

This piece of research assesses compatibility between the conditions of al-Mahkum fih and the objectives of al-Tashri‘. In addition, it examines the ruling of obliging the servants with the impossible deeds, the natural and non-consensual deeds, in accordance with the objectives of Islamis jurisprudence. Further, examine the ruling of obliging servants with tough acts. The ruling of obliging with a deed before satisfying the legal condition for it. In consequence, the researcher has come to an obvious conclusion that is the objectives of al-Tashri‘ are achieved in all of the previous subjects which are related to al-Mahkum fih. Besides, this …