Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (2123)
- Law and Society (2084)
- Courts (1661)
- State and Local Government Law (1589)
- Legal History (1404)
-
- Judges (1285)
- Health Law and Policy (1268)
- Legal Ethics and Professional Responsibility (1256)
- Military, War, and Peace (1215)
- Environmental Law (1200)
- Oil, Gas, and Mineral Law (1188)
- Supreme Court of the United States (1120)
- International Law (1108)
- Immigration Law (1099)
- Criminal Law (969)
- Legislation (960)
- Criminal Procedure (802)
- Law and Politics (777)
- Administrative Law (740)
- Law and Philosophy (703)
- Comparative and Foreign Law (672)
- Public Law and Legal Theory (670)
- Human Rights Law (643)
- International Trade Law (637)
- Civil Rights and Discrimination (628)
- Litigation (614)
- Civil Procedure (605)
- Law and Economics (578)
- Institution
-
- St. Mary's University (885)
- Yeshiva University, Cardozo School of Law (830)
- University of Michigan Law School (383)
- Seattle University School of Law (309)
- University of Nebraska - Lincoln (309)
-
- UIC School of Law (290)
- University of New Mexico (255)
- Maurer School of Law: Indiana University (226)
- Touro University Jacob D. Fuchsberg Law Center (226)
- University of Colorado Law School (212)
- Georgetown University Law Center (204)
- BLR (175)
- American University Washington College of Law (174)
- Pepperdine University (167)
- Barry University School of Law (166)
- Notre Dame Law School (165)
- Vanderbilt University Law School (158)
- University of Georgia School of Law (137)
- Universitas Indonesia (131)
- Northwestern Pritzker School of Law (120)
- Villanova University Charles Widger School of Law (115)
- University of Miami Law School (113)
- Saint Joseph University of Beirut (109)
- New York Law School (105)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (104)
- Brooklyn Law School (103)
- Texas A&M University School of Law (99)
- Fordham Law School (97)
- Washington and Lee University School of Law (97)
- Cornell University Law School (96)
- Keyword
-
- Jurisprudence (1422)
- St. Mary’s University School of Law (397)
- St. Mary’s Law Journal (395)
- Supreme Court (268)
- Constitutional law (220)
-
- Constitutional Law (212)
- Constitution (207)
- Judges (191)
- Law (186)
- United States Supreme Court (182)
- Courts (144)
- First Amendment (131)
- Judicial review (126)
- Law and Society (116)
- Legislation (111)
- Legal History (105)
- Legal theory (97)
- Statutory interpretation (94)
- Inc. (87)
- Justice (87)
- Criminal law (83)
- Federalism (83)
- Due process (82)
- Evidence (80)
- Fourteenth Amendment (78)
- Originalism (77)
- International Law (76)
- Legal history (76)
- Federal courts (72)
- Discrimination (71)
- Publication Year
- Publication
-
- St. Mary's Law Journal (856)
- Cardozo Law Review (483)
- Faculty Scholarship (395)
- Court Review: Journal of the American Judges Association (297)
- Seattle University Law Review (294)
-
- UIC Law Review (277)
- Articles (272)
- United States - Mexico Law Journal (1993-2005) (253)
- Michigan Law Review (246)
- Georgetown Law Faculty Publications and Other Works (198)
- Publications (198)
- Touro Law Review (171)
- ExpressO (170)
- Scholarly Works (158)
- Journal Articles (128)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Indiana Law Journal (118)
- Barry Law Review (109)
- Proche-Orient, Études juridiques (109)
- Faculty Publications (98)
- Vanderbilt Law Review (95)
- Journal of Legal Education (91)
- Pepperdine Law Review (86)
- UAEU Law Journal (80)
- Akron Law Review (79)
- Cornell Law Faculty Publications (74)
- Washington and Lee Law Review (74)
- Articles by Maurer Faculty (72)
- Maine Law Review (70)
- Northwestern University Law Review (67)
- Publication Type
Articles 7171 - 7200 of 9176
Full-Text Articles in Jurisprudence
Chief Justice Calvert, Our Highly Regarded Of Counsel In Memoriam., Lloyd Lochridge
Chief Justice Calvert, Our Highly Regarded Of Counsel In Memoriam., Lloyd Lochridge
St. Mary's Law Journal
Abstract Forthcoming.
Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez
Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez
St. Mary's Law Journal
Abstract Forthcoming.
The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso
The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso
St. Mary's Law Journal
A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …
The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss
The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss
St. Mary's Law Journal
Throughout American history, women have fought to realize a full and independent legal identity, equal to men. Nonetheless, issues such as domestic violence have often remained obscured due partly to the judicial system’s reluctance to intrude into “family matters.” Although courts have long-since renounced the common-law rule which allowed a husband to discipline his wife, the plight of the battered woman remained largely ignored by courts and legislatures. The pervasiveness and severity of domestic violence are widely documented. On June 1, 1991, the Texas Supreme Court created the Gender Bias Task Force of Texas (Task Force) to consider whether gender …
Cutting Costs - Cutting Care: Can Texas Managed Health Care Systems And Hmos Be Liable For The Medical Malpractice Of Physicians., Jim M. Perdue, Stephen R. Baxley
Cutting Costs - Cutting Care: Can Texas Managed Health Care Systems And Hmos Be Liable For The Medical Malpractice Of Physicians., Jim M. Perdue, Stephen R. Baxley
St. Mary's Law Journal
One of the most common forms of managed health care is the health maintenance organization (HMO). An HMO is a quasi-insurance arrangement which provides health care to subscribers for a prepaid monthly fee. These have been attractive as they offer health care at lower cost to consumers. Health care brokers have developed four standard models of HMOs— “staff model,” “group model,” “network model,” and “independent practice association” (IPA) model. Given the degree of control HMOs exercise over member-physicians under any of the above models, Texas courts should hold HMOs liable for their member-physicians’ malpractice under the doctrine of vicarious liability, …
Texas's New Habeas Corpus Procedure For Death-Row Inmates: Kafkaesque - And Probably Unconstitutional., James C. Harrington, Anne More Burnham
Texas's New Habeas Corpus Procedure For Death-Row Inmates: Kafkaesque - And Probably Unconstitutional., James C. Harrington, Anne More Burnham
St. Mary's Law Journal
Abstract Forthcoming.
Beauty And The Beast: Physical Appearance Discrimination In American Criminal Trials Comment., David L. Wiley
Beauty And The Beast: Physical Appearance Discrimination In American Criminal Trials Comment., David L. Wiley
St. Mary's Law Journal
This Comment considers physical appearance discrimination by jurors in criminal trials. It proposes remedial measures to eliminate discrimination and effectuate the underlying purposes of jury trials. Part II of this Comment examines the psychological process of corporeal attribution and discusses the underlying philosophic dichotomy of image and substance. It surveys the role modern American culture plays in discrimination in the American criminal law system and discusses parallel relationships between race, sex, and physical appearance discrimination. Part IV explores constitutional ramifications of fostering and promoting physical appearance discrimination in criminal trials. Finally, Part V presents remedies designed to ensure criminal defendants …
International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy
International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy
Publications
No abstract provided.
Transcript (Symposium: Nazis In The Courtroom: Lessons From The Conduct Of Lawyers And Judges Under The Laws Of The Third Reich And Vichy, France)., Ruti G. Teitel
Articles & Chapters
No abstract provided.
Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert E. Rodes
Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert E. Rodes
Journal Articles
In these two lively, elegant, and lucid books, Mary Ann Glendon points to an increasing bloody-mindedness in our society, and argues persuasively that law and lawyers are in great part to blame for it. It seems that we are constantly pelting each other with non-negotiable demands backed by the threat of litigation, and that our legal profession has become too venal or too lacking in moral fiber to tell us to lighten up. The first part of the argument is presented in Rights Talk, the second in A Nation Under Lawyers. Both parts are presented with passion, charity, and a …
Desperately Seeking Science, Francis J. Mootz Iii
Desperately Seeking Science, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen
The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen
Faculty Scholarship
Part I of this article focuses on the history of parol evidence in contract interpretation, describing both Williston's and Corbin's definition and application of the parol evidence rule. With the adoption of the UCC and the Second Restatement, we suggest that Corbin's position-that expansion of admissibility of parol evidence will more accurately reflect the drafters' manifest intentions and minimize the judge's personal biases-has been accepted by experts and legislators alike. In Part II, we summarize the use of legislative history in statutory interpretation, focusing on the rise of the New Textualism and its critique of the use of legislative history …
Consent To Marital Rape: Common Law Oxymoron?, Katherine O'Donovan
Consent To Marital Rape: Common Law Oxymoron?, Katherine O'Donovan
Cardozo Journal of Equal Rights & Social Justice
The article critically examines the historical and legal underpinnings of the marital rape exemption in common law, arguing that the concept of consent within marriage has been used to undermine women's autonomy and perpetuate gender inequality. It traces the evolution of this exemption from its roots in Sir Matthew Hale's 17th-century legal writings to its eventual abolition in England and Australia, highlighting the broader implications for women's citizenship and bodily integrity.
The Provision Of Maintenance For Women And Children In Zimbabwe, Fareda Banda
The Provision Of Maintenance For Women And Children In Zimbabwe, Fareda Banda
Cardozo Journal of Equal Rights & Social Justice
The article examines the challenges faced by women and children in Zimbabwe in accessing maintenance and property rights after divorce, despite comprehensive legal provisions. It highlights the dual legal system's impact, the judiciary's discretion in property distribution, and the economic and cultural barriers women face, emphasizing the need for legal reforms and improved enforcement mechanisms.
Fee Shifting And Predictability Of Law, Keith N. Hylton
Fee Shifting And Predictability Of Law, Keith N. Hylton
Faculty Scholarship
Lawyers are trained to distinguish between substance and procedure. The substantive law is comprised of standards, such as the Learned Hand formula of negligence, that are used to determine whether a violation of the law has occurred. Procedural rules, on the other hand, determine whether and under what conditions a party can bring suit or be joined in an ongoing suit, the conditions under which a decision may be appealed, the burden of proof, and the allocation of legal expenses.
Sons Of Writ, Sons Of Wrath: Pierre Legendre’S Critique Of Rational Law-Giving, Anton Schutz
Sons Of Writ, Sons Of Wrath: Pierre Legendre’S Critique Of Rational Law-Giving, Anton Schutz
Cardozo Law Review
By nature we have been sons of wrath, according to a thoroughly explored passage of Pauline theology. I should like to put this text to a test. My purpose in this article is to view the work of a twentieth-century Sorbonne Professor of Law through the lens of this Pauline text. Clearly, such a procedure assumes some sort of extraordinary similarity of preoccupation as between these two thinkers. It assumes that the semantic components, filius and ira, and the question of their relationship, are equally crucial to both figures: to the fervent apostle and epistolographer who happened to have …
Anti-Intellectualism, Pierre Schlag
This Is Not A Sentence, Paul F. Campos
The Radical Feminist Defense Of Individualism, Cynthia V. Ward
The Radical Feminist Defense Of Individualism, Cynthia V. Ward
Faculty Publications
No abstract provided.
The Obsolescence Of Wall Street: A Contextual Approach To The Evolving Structure Of Federal Securities Regulation, Joel Seligman
The Obsolescence Of Wall Street: A Contextual Approach To The Evolving Structure Of Federal Securities Regulation, Joel Seligman
Scholarship@WashULaw
As a matter of analytical style, this article illustrates a contextualist approach. For a considerable period of time, the dominant analytical style in corporate and securities .law has been a variant of economic, or law and economics, analysis. The virtue of this type of analysis is that it focuses on what its authors deem to be crucial variables and reaches conclusions derived from the core of a specific legal problem. The defect of this type of analysis is that so much is assumed or often assumed away.
Making Sense Of Metaphors: Visuality, Aurality, And The Reconfiguration Of American Legal Discourse, Bernard J. Hibbitts
Making Sense Of Metaphors: Visuality, Aurality, And The Reconfiguration Of American Legal Discourse, Bernard J. Hibbitts
Cardozo Law Review
While American legal discourse has embraced a range of figurative expressions evoking all sorts of sensory experience, it has long favored visual metaphors. We frequently consider law as a matter of looking: we "observe" it; we evaluate claims "in the eye of the law"; our high courts "review" the decisions of inferior tribunals. Alternatively, we speak of law as something one would usually look at: it is a "body," a "text," a "structure," a "bulwark of freedom," a "seamless web,'' and even a "magic mirror." We identify particular legal concepts with striking visual images: property rights are a "bundle of …
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
San Diego Law Review
The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial …
Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts
Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts
BYU Law Review
No abstract provided.
On War And Justice, Jeffrey C. Tuomala
On War And Justice, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Hearing Women Not Being Heard: On Carol Gilligan's Getting Civilized And The Complexity Of Voice, Elizabeth M. Schneider
Hearing Women Not Being Heard: On Carol Gilligan's Getting Civilized And The Complexity Of Voice, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Toward Gender Equality: The Promise Of Paradoxes Of Gender To Promote Structural Change, Andrea Giampetro-Meyer
Toward Gender Equality: The Promise Of Paradoxes Of Gender To Promote Structural Change, Andrea Giampetro-Meyer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Understanding Federalism, Larry Kramer
Understanding Federalism, Larry Kramer
Vanderbilt Law Review
It's necessary to begin with considering the sort of judicially enforced federalism rejected in Garcia and to consider why the Court rejected it. According to this view of federalism, the Constitution leaves certain substantive affairs exclusively to the states, and what matters is making sure that states can regulate these without federal interference. So long as this domain is protected, the political significance of states is assured and federalism is secure. The federal government can, if it chooses, take charge of all those matters as to which state and federal authority is concurrent-though Congress will find this harder to accomplish …
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
Articles
No abstract provided.
Jurisprudence And Personality In The Work Of John Rawls, David G. Carlson
Jurisprudence And Personality In The Work Of John Rawls, David G. Carlson
Articles
The article argues that John Rawls's concept of the person undergoes a significant shift between A Theory of Justice and Political Liberalism, necessitating a corresponding change in jurisprudence. In A Theory of Justice, Rawls employs a "correlative jurisprudence," where law is determinate, complete, and judges merely apply existing law. This approach is tied to a narrow, passive view of personality, treating individuals as mere loci of liberty and rights. In contrast, Political Liberalism presents a dynamic, contradictory conception of the person as a union of moral capacity and a determinate conception of the good. This shift, the article contends, requires …
Revisiting The Corporatist And Contractualist Models Of Labor Law Regimes: A Review Of The Brazilian And American Systems, Stanley A. Gacek
Revisiting The Corporatist And Contractualist Models Of Labor Law Regimes: A Review Of The Brazilian And American Systems, Stanley A. Gacek
Cardozo Law Review
During the late 1970s, Brazilian workers captured world attention by mobilizing gigantic strikes in the auto industry of Greater São Paulo. Defying the intervention of the labor courts, they directly confronted the transnational automakers and negotiated impressive wage gains. They also established the celebrated comissões de fábrica, or factory commissions, which served as new vehicles for the negotiation of agreements and the resolution of labor disputes.