Jurisprudence Commons^™

Dueling Textualisms Or Multimodal Analysis? Using Bostock To Show Why No One Is Really A Textualist, Anne Marie Lofaso

Law Faculty Scholarship

No abstract provided.

Copyright And Federalism: Why State Waiver Of Sovereign Immunity Is The Best Remedy For State Copyright Infringement, Leroy J. Ellis V

Northwestern Journal of Technology and Intellectual Property

When a photographer intentionally takes a picture of a subject, or a writer puts a story to paper, the resulting works are protected by copyright. That protection is bolstered after the authors register their works with the Copyright Office. All private parties, from individuals to corporations, can be sued for infringing on the work should they use it without pay or permission.

However, what happens when the infringer is not a private party? What happens when the state or a state entity is the infringer? What happens when a public university decides to use a copyright owner’s work without pay …

Judicial Guarantees For Trial In Absentia: A Comparative Study On The Kuwaiti Procedural Law, Mohamed El Mahmoud Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study aims to explore the guarantees the Muslim jurists have indicated while giving a judgment in absentia, such guarantees designed to achieve justice between the litigants and safeguard the right of the absentee, as well as drawing a comparison with the Kuwaiti law.

The study consists of an introduction, preface, four chapters and a conclusion. The chapters addressed the issue of judgment in absentia from the standpoint of the Islamic jurisprudence and the disagreement arose among then, evidence, discussions and counterbalancing, it involved seven guarantees, it also tackled the guarantees of the justice secured by the Kuwaiti law to …

The Last Lecture: State Anti-Slapp Statutes And The Federal Courts, Charles W. Adams, Mbilike M. Mwafulirwa

St. John's Law Review

(Excerpt)

An old proverb says that “when the student is ready[,] the teacher appears.” In this collaborative effort, a civil procedure law professor has partnered with his former student to address one of the most challenging topics to confront the federal courts in recent times: whether state anti-SLAPP statutes conflict with the Federal Rules of Civil Procedure. The acronym “SLAPP” stands for “Strategic Lawsuits Against Public Participation.” Anti-SLAPP statutes are a spate of state legislation of recent vintage, designed “to give more breathing space for free speech about contentious public issues” and to “try to decrease the ‘chilling effect’ of …

The Controls Of Legal Seclusion “Khulwa” And Its Impact On The Rights Of The Spouse Under The Uae Personal Status Law: An Applied Jurisprudence Study, Ali Junaidi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

No abstract provided.

Graduation Of The Branches On The Branches Of The Hanbalis And Its Applications, Dr. Khalid Al-Harbi

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study dealt with the graduation of the branches on the branches of the Hanbalis and its applications, and the researcher examined details related to the truth of science, its pillars, the sciences similar to it, its origin, the conditions for graduation by the director and the issue issued to it, and he mentioned Hanbali terms and methods of graduation with contemporary applications.

The researcher found the appropriate meaning for graduating the branches on the branches, determining the year of the emergence of the graduation science, stating the most famous types, and the methods of graduation agreed upon and disputed, …

Restraint Of Polygamy In Jurisprudence And Law: A Comparative Study, Qais Abdul Wahab Issa Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Polygamy is a subject addressed in Sharia that has been established by the Holy Quran and the Prophetic Sunnah. Islamic jurists have debated about this subject in terms of its obligation, permissibility and revocability. To enjoy this right, a man has to be obligated to the legal controls, such that he should be able to maintain more than a wife. Moreover, this person is to take into account social, economic, psychological and health-related aspects of his life and make sure that he is able to maintain justice between all his wives. Furthermore, the man must have no more than four …

Unpermitted Hajj: Its Provisions And Islamic Jurisprudence Effects, Asma Salmeen Al-Aryani Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The present study dealt with the unpermitted hajj artfulness, and the pilgrim`s breach of his requisite.

This research also elaborated on the juristic judgements and effects related to this problem.

The juristic judgements discussed in the present study pivoted around the judgement on the pilgrim`s unpermitted hajj, and on the pilgrim`s artfulness to get the hajj permission.

The effects of this phenomenon were viewed from two perspectives: firstly, the effects of prohibiting the pilgrim from the unpermitted hajj subsequent to the absolute Ihram (unconditioned by the removal of Ihram) and after the Ihram that is conditioned by the removal of …

Misperception In The Matter Pending On A Condition: Extract From The Book “Garden In The Eye Of The Beholder And Paradise Of The Overseer“ (Rawdat Al-Nazir Wa-Jannat Al-Munazir) Authored By The Scholar Ibn Qudamah (Deceased The Year 620 H), Dr. Radwan Abdul Rab Saif Al-Sururi

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

and it follows that the winds of understanding came with what the conclusion ship does not desire.

The looking for this texts is reflected by the researcher in a series of researches, whose mission is to correct the course of thought, which the text has received on the order of corrupt introductions, so review it on an unintended understanding.

Perhaps the researcher turned to the text itself, so perhaps it what made others disorientation.

This research represents the forefront of these texts that are considered in the book “Rawdat al-Nazir wa-Jannat al-Munazir" by Ibn Qudamah (may Allah be pleased with …

Speaking Of The Speech Or Debate Clause: Revising State Legislative Immunity, Shane Coughlin

Notre Dame Law Review Reflection

An increasing number of America’s most contentious issues will be resolved in state legislatures. Consequently, the ability of litigants to seek judicial review of a legislature’s actions is becoming more important. The scope of state legislative immunity, a federal common-law defense that provides state legislators with absolute immunity against certain lawsuits, will also increase in importance. A recent case involving New Hampshire’s legislature raises two significant questions about the scope of state legislative immunity. The first question entails how the United States Congress can abrogate the immunity, and the second question is whether legislators may claim the immunity when a …

Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl

Notre Dame Law Review

This Article addresses a problem that potentially arises whenever a federal court encounters a state statute. When interpreting the state statute, should the federal court use the state’s methods of statutory interpretation—the state’s canons of construction, its rules about the use of legislative history, and the like—or should the court instead use federal methods of statutory interpretation? The question is interesting as a matter of theory, and it is practically significant because different jurisdictions have somewhat different interpretive approaches. In addressing itself to this problem, the Article makes two contributions. First, it shows, as a normative matter, that federal courts …

The Moral Authority Of Original Meaning, J. Joel Alicea

Notre Dame Law Review

One of the most enduring criticisms of originalism is that it lacks a sufficiently compelling moral justification. Scholars operating within the natural law tradition have been among the foremost critics of originalism’s morality, yet originalists have yet to offer a sufficient defense of originalism from within the natural law tradition that demonstrates that these critics are mistaken. That task has become more urgent in recent years due to Adrian Vermeule’s critique of originalism from within the natural law tradition, which has received greater attention than previous critiques. This Article is the first full-length response to the natural law critique of …

Interring The Unitary Executive, Christine Kexel Chabot

Notre Dame Law Review

The President’s power to remove and control subordinate executive officers has sparked a constitutional debate that began in 1789 and rages on today. Leading originalists claim that the Constitution created a “unitary executive” President whose plenary removal power affords her “exclusive control” over subordinates’ exercise of executive power. Text assigning the President a removal power and exclusive control appears nowhere in the Constitution, however, and unitary scholars have instead relied on select historical understandings and negative inferences drawn from a supposed lack of independent regulatory structures at the Founding. The comprehensive historical record introduced by this Article lays this debate …

"A Sword In The Bed": Bringing An End To The Fusion Of Law And Equity, Brooks M. Chupp

Notre Dame Law Review

Those who called for the fusion of law and equity have, throughout the years, argued that the existence of a parallel court system for equity would be inefficient and confusing for parties. While there is limited merit to this viewpoint, the United States has been willing to create courts of limited jurisdiction to hear cases of a highly specialized or technical nature in other areas of the law (for example, tax and bankruptcy). This Note argues that the specialized-courts approach is viable as it relates to equity and that it is, in fact, preferable to the current system. This Note …

Recovering Classical Legal Constitutionalism: A Critique Of Professor Vermeule's New Theory, Jeffrey A. Pojanowski, Kevin C. Walsh

Notre Dame Law Review

This Review proceeds in three Parts. Part I briefly summarizes Common Good Constitutionalism and provides a more detailed description of four of the book’s distinctive features. Part II critiques Vermeule’s argument in light of the classical tradition’s four essential aspects of law, namely that it is an ordinance of reason, for the common good, made by one who has care of the community, and promulgated. Part III draws on those reflections to respond to Vermeule’s criticisms of work like ours that argues that original-law-based understandings of the Constitution are at home in the classical legal tradition. A Conclusion briefly reflects …

Nomos, Narrative, And Nephi: Legal Interpretation In The Book Of Mormon, Nathan B. Oman

Faculty Publications

The Book of Mormon helped launch one of America’s most successful religions, and millions around the world accept it as scripture. It is thus one of the more influential books to have been published in the United States. Ironically, precisely because of its role in the founding of Mormonism, the text of the Book of Mormon has often been ignored. Recently, however, the Book of Mormon has begun to attract the attention of scholars whose interest in the text goes beyond either religious devotion or the academic study of Mormonism. Rather, they look to the text as a literary creation …

Friendship As The Primary Purpose Of Law, Michael P. Moreland

Faculty Publications

A significant aspect of the legacy of John Finnis is the restoration of friendship to a central place in moral, political, and legal theory building on the classical tradition in Plato, Aristotle, and Aquinas. This essay surveys the implications of friendship for law by way of exploring Finnis’s treatment of friendship in several of his works, including friendship as a condition for discourse, friendship as an especially important illustration of the central case, the relationship between friendship and the common good, and the place of civic friendship in a political community. The essay concludes with a discussion of friendship with …

Collaborative Constructions: Designing High School History Curriculum With The Lost & Found Game Series, Owen Gottlieb, Shawn Clybor

Articles

This chapter addresses design research and iterative curriculum design for the Lost & Found games series. The Lost & Found card-to-mobile series is set in Fustat (Old Cairo) in the twelfth century and focuses on religious laws of the period. The first two games focus on Moses Maimonides’ Mishneh Torah, a key Jewish law code. A new expansion module which was in development at the time of the fieldwork described in this article that introduces Islamic laws of the period, and a mobile prototype of the initial strategy game has been developed with support National Endowment for the Humanities. The …

The Fourth Amendment And The Problem Of Social Cost, Thomas P. Crocker

Northwestern University Law Review

The Supreme Court has made social cost a core concept relevant to the calculation of Fourth Amendment remedies but has never explained the concept’s meaning. The Court limits the availability of both the exclusionary rule and civil damages because of their “substantial social costs.” According to the Court, these costs primarily consist of letting the lawbreaker go free by excluding evidence or deterring effective police practices that would lead to more criminal apprehension and prosecution. But recent calls for systemic police reform by social movements have a different view of social cost. So too do calls for reforming qualified immunity. …

Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Cle Working Paper No. 3/2022--What Is The Test For Interlocutory Injunctions Affecting Homeless Encampments? A Critique Of Vancouver Fraser Port Authority V Brett And Associated Case Law, Stepan Wood

Centre for Law and the Environment

Vancouver Fraser Port Authority v Brett (VFPA v Brett), decided in 2020, marked a new low in judicial responses to the intersecting crises of housing, homelessness, poverty, toxic drugs, mental health, racism and colonialism. By dropping to the ground the already low bar for granting interlocutory injunctions to evict homeless encampments from publicly owned land i n BC, this decision invites a critical assessment of BC courts’ approach to homeless encampment injunctions. In this paper I present the first comprehensive survey of 21st century BC homeless encampment interlocutory injunction applications, which shows that they have an extremely high …

Keeping Our Republic, Ashlee A. Paxton-Turner

South Carolina Law Review

No abstract provided.

Social Media Harms And The Common Law, Leslie Y. Garfield Tenzer

Elisabeth Haub School of Law Faculty Publications

This article finds fault with the judiciaries' failure to create a set of common law norms for social media wrongs. In cases concerning social media harms, the Supreme Court and lower courts have consistently adhered to traditional pre-social media principles, failing to use the power of the common law to create a kind of Internet Justice.

Part I of this article reviews social media history and explores how judicial decisions created a fertile bed for social media harm to blossom. Part II illustrates social media harms across several doctrinal disciplines and highlights judicial reluctance to embrace the realities of social …

Why Our Stories Matter: A Perspective On The Restatement From The State Bench, Raquel Montoya-Lewis

Washington Law Review

No abstract provided.

Tribal Sovereignty And Economic Efficiency Versus The Courts, Robert J. Miller

Washington Law Review

American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing rates. The vast majority of the over three hundred Indian reservations and the Alaska Native villages do not have functioning economies. This lack of economic activity starves tribal governments of the tax revenues that governments need to function. In response, Indian nations create and operate business …

Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea K. Schneider

Articles

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman.

Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to …

A Second Look For Children Sentenced To Die In Prison, Kathryn E. Miller

Articles

Scholars have championed “second look” statutes as a decarceral tool. Second look statutes allow certain incarcerated people to seek resentencing after having served a portion of their sentences. This Essay weighs the advantages and disadvantages of these statutes as applied to children sentenced to die in prison and argues that focusing on this small, discrete group may be a digestible entry point for more conservative states who fear widespread resentencing. Moreover, because early data indicates that children convicted of homicide and released as adults have very low recidivism rates, second look beneficiaries are likely to pose little threat to public …