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 7741 - 7770 of 9176
Full-Text Articles in Jurisprudence
What's Left?, Guyora Binder
What's Left?, Guyora Binder
Journal Articles
Addressing the future of radical politics at the end of the cold war, this article offers a reconstruction of radical theory around the goal of enabling collaborative self-realization through participatory democratic politics. It offers an interpretation of the radical tradition as defined by a view of human nature as a cultural artifact, and a conception of liberation as the self-conscious transformation of human nature. It proceeds to critique radical theory’s traditional focus on revolution as the means of radical transformation. Distinguishing instrumental and self-expressive conceptions of transformation it critiques revolutionary processes as tending to reproduce instrumental culture. It offers democratic …
Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin
Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin
Journal Articles
No abstract provided.
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Charter Challenges: A Test Case For Theories Of Law, W. J. Waluchow
Charter Challenges: A Test Case For Theories Of Law, W. J. Waluchow
Osgoode Hall Law Journal
The author's primary objective is to show that versions of legal positivism, according to which legal validity sometimes depends on moral validity (Inclusive Legal Positivism), are theoretically preferable to those forms of positivism (Exclusive Legal Positivism) which deny this possibility. The author attempts to substantiate this conclusion by demonstrating that Inclusive Legal Positivism provides a better theoretical account of challenges to legal validity based on a document like the Canadian Charter of Rights and Freedoms. His secondary aim is to show that the choice between Inclusive and Exclusive Legal Positivism can have important consequences for legal practice.
Rehnquist Or Rorty?, Carl W. Tobias
Rehnquist Or Rorty?, Carl W. Tobias
Law Faculty Publications
A postmodern response to Gene Shreve, Eighteen Feet of Clay: Thoughts on Phantom Rule 4(m), 67 Ind. L.J. 85 (1991).
The Problem Of The Subject, Pierre Schlag
Foreword: Postmodernism And Law, Pierre Schlag
Stances, Pierre Schlag
The Great Writ In Action: Empirical Light On The Federal Habeas Corpus Debate, Larry Yackle
The Great Writ In Action: Empirical Light On The Federal Habeas Corpus Debate, Larry Yackle
Faculty Scholarship
The national debate regarding federal habeas corpus for state prisoners is fueled in the main by ideology. To some, the authority of the federal courts to entertain constitutional challenges to state criminal convictions is the embodiment of all that was right about the Warren Court and the vision that Court offered of a meaningful system of American liberty, underwritten by independent federal tribunals willing and able to check the coercive power of government. By this account, the Bill of Rights is the protean source of safeguards for individual freedom - commanding generous, imaginative, and insightful elaboration by federal courts at …
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Articles
No abstract provided.
Collateral Estoppel As A Basis For Attorney Discipline: The Next Step, Lester Brickman, John M. Bibona
Collateral Estoppel As A Basis For Attorney Discipline: The Next Step, Lester Brickman, John M. Bibona
Articles
An attorney convicted of a serious crime involving moral turpitude may be consequently disciplined for violation of DR 1-102(A)(5) of the Model Code of Professional Responsibility or Rule 8.4 of the Model Rules of Professional Conduct without the need for relitigating the issue of the attorney's criminal guilt. Likewise, when an attorney is disbarred in one jurisdiction, he can be disbarred by another jurisdiction without relitigating the underlying facts which were the basis for the initial disbarment. When courts thus discipline lawyers, they are invoking collateral estoppel to prevent the attorney from relitigating an issue raised and resolved against him …
The Obligation To Obey Law: A New Theory And An Old Problem, Tamar L. Smith
The Obligation To Obey Law: A New Theory And An Old Problem, Tamar L. Smith
Osgoode Hall Law Journal
Numerous theories have been developed to explain the basis, beyond a legal one, upon which the citizen's obligation to obey the law rests. In The Authority of the State, Leslie Green has contributed a new theory of obedience, one which explores the bases of civility and tolerance as foundations for obedience rendered to the legal system. This new theory is discussed within the context of a real world problem, one that has distressed the world community for years - the treatment of blacks in South Africa. Does this theory have any significance for citizens caught up in a fundamental and …
Suspect Class Democracy: A Social Theory, Thomas W. Simon
Suspect Class Democracy: A Social Theory, Thomas W. Simon
University of Miami Law Review
No abstract provided.
Contempt Of Congress: A Reply To The Critics Of An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Contempt Of Congress: A Reply To The Critics Of An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Michigan Law Review
In the law school tradition of "suspending belief," Professor Eskridge has created a hypothetical in which I, in my first case as Chief Justice of the United States, must decide whether to adhere to various antiquated and seemingly erroneous precedents interpreting the Mann Act. Eskridge assumes that I will feel compelled to adhere to these decisions, for to do otherwise, he contends, would force me to abandon the proposal for an absolute rule of statutory stare decisis that I advanced recently in this Law Review. Eskridge then offers a variety of critiques of my thesis, coming from perspectives as diverse …
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
Michigan Law Review
Earlier in this the first year of the new millennium, Professor Larry Marshall was appointed Chief Justice of the United States. The first important case coming before the Marshall Court involved the government's prosecution of Frankly Amorous under the White Slave Traffic Act of June 25, 1910 (the Mann Act), as amended. Defendant Amorous was a law student in Virginia who paid for the airplane ticket of his female lover to travel from North Carolina to Virginia for the admitted purpose of having extramarital sexual relations. The U.S. Attorney prosecuted Amorous for violating the Mann Act, which criminalizes the knowing …
Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld
Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Resisting Theory, Jonathan Culler
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Cardozo Law Review
No abstract provided.
Statistical Stigmata, Henry Louis Gates Jr.
Judgment After The Fall, Barbara Herrnstein Smith
Judgment After The Fall, Barbara Herrnstein Smith
Cardozo Law Review
No abstract provided.
On The Critical Tribunal, Stephen Watson
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
Cardozo Law Review
No abstract provided.
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Cardozo Law Review
No abstract provided.
Deconstruction And The Possibility Of Justice: Comments On Bernasconi, Cornell, Miller, Weber, Judith Butler
Deconstruction And The Possibility Of Justice: Comments On Bernasconi, Cornell, Miller, Weber, Judith Butler
Cardozo Law Review
No abstract provided.
Practical Polyphony: Theories Of The State And Feminist Jurisprudence, Carol Weisbrod
Practical Polyphony: Theories Of The State And Feminist Jurisprudence, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin
On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin
Osgoode Hall Law Journal
Two aims drive this essay. The first is to provide the reader with an accessible, yet relatively comprehensive, introduction to Roberto Mangabeira Unger's social and legal theory. The second aim is to evaluate the strengths and weaknesses of Unger's most recent scholarship and to make some suggestions as to where he goes awry. In particular, the author draws several parallels between the Ungerian enterprise and that of some feminists. The central motivation of the essay is to keep the critical conversation between male radicals and feminists open. To this end, the author posits the possibility of mutually beneficial contributions.
Roman Law And English Law: Two Patterns Of Legal Development, Alan Watson
Roman Law And English Law: Two Patterns Of Legal Development, Alan Watson
Scholarly Works
It is commonplace among scholars to link in thought the growth of Roman law and of English law. S.F.C. Milsom begins his distinguished Historical Foundations of the Common Law with the words: "It has happened twice only that the customs of European peoples were worked up into intellectual systems of law; and much of the world today is governed by laws derived from the one or the other." More strikingly, some scholars see an essential similarity in legal approaches in the two systems. Fritz Pringsheim entitled a well-known article The Inner Relationship Between English and Roman Law. W.W. Buckland and …
Beyond The Warren Court And Its Conservative Critics: Toward A Unified Theory Of Constitutional Criminal Procedure, Donald A. Dripps
Beyond The Warren Court And Its Conservative Critics: Toward A Unified Theory Of Constitutional Criminal Procedure, Donald A. Dripps
University of Michigan Journal of Law Reform
Part I develops more fully the differences that divide liberal and conservative commentators on criminal procedure, taking special note of the series of Reports prepared by the Justice Department's Office of Legal Policy and published recently in the University of Michigan Journal of Law Reform. Part II explains my disquiet with the suggestion that original-meaning jurisprudence ought to guide criminal procedure doctrine. Part II also defends the thesis that the fourteenth amendment protects the individual interest in freedom from unjust punishment, rather than any abstract interest in truth for its own sake. Part III considers two familiar controversies in criminal …
The Truth About Massiah, James J. Tomkovicz
The Truth About Massiah, James J. Tomkovicz
University of Michigan Journal of Law Reform
First, the Article will summarize the Justice Department's discussion of the Massiah right to counsel and the exclusion of evidence under Massiah. Next, it will evaluate the nature of the Report and the character of legal scholarship. Finally, it will explore the substantive debate over Massiah. In that section, the Article will point out the matters on which the DOJ and I agree, will attempt to frame the fundamental questions raised by the Massiah doctrine, and will investigate potential sources of answers to those constitutional questions. Ultimately, it will provide the answers that I prefer, explaining the premises …
Original Intent: "With Friends Like These…", Thomas Gibbs Gee
Original Intent: "With Friends Like These…", Thomas Gibbs Gee
Michigan Law Review
A Review of Original Intent and the Framer's Constitution by Leonard W. Levy