Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (1676)
- Constitutional Law (1095)
- Legislation (849)
- International Law (806)
- Administrative Law (804)
-
- State and Local Government Law (770)
- Jurisprudence (672)
- Human Rights Law (665)
- Law and Politics (662)
- Health Law and Policy (647)
- Law and Economics (615)
- Legal History (577)
- Courts (562)
- Social Welfare Law (546)
- International Trade Law (545)
- Civil Rights and Discrimination (538)
- Water Law (528)
- Oil, Gas, and Mineral Law (523)
- Environmental Law (520)
- Criminal Law (516)
- Law of the Sea (514)
- Agency (482)
- Litigation (479)
- Land Use Law (469)
- Law and Philosophy (469)
- Food and Drug Law (460)
- Supreme Court of the United States (452)
- Civil Law (450)
- Institution
-
- University of Florida Levin College of Law (520)
- University of Michigan Law School (460)
- Seattle University School of Law (258)
- University of San Diego (249)
- University of Richmond (245)
-
- American University Washington College of Law (198)
- BLR (144)
- Universitas Indonesia (126)
- DePaul University (110)
- Schulich School of Law, Dalhousie University (110)
- Fordham Law School (93)
- Northwestern Pritzker School of Law (91)
- Columbia Law School (79)
- Singapore Management University (76)
- Maurer School of Law: Indiana University (74)
- Georgetown University Law Center (69)
- Vanderbilt University Law School (63)
- University of Arkansas, Fayetteville (62)
- Yeshiva University, Cardozo School of Law (57)
- Brooklyn Law School (51)
- University of Maine School of Law (47)
- University of Georgia School of Law (45)
- Cornell University Law School (44)
- University of Nebraska - Lincoln (34)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (33)
- Touro University Jacob D. Fuchsberg Law Center (32)
- Pepperdine University (30)
- Villanova University Charles Widger School of Law (27)
- Washington and Lee University School of Law (27)
- University of Connecticut (25)
- Keyword
-
- Public Law and Legal Theory (209)
- Jurisprudence (106)
- Law and Society (97)
- Constitutional Law (94)
- Constitution (81)
-
- Law (69)
- Politics (66)
- Regulation (64)
- Constitutional law (60)
- Legislation (58)
- Democracy (52)
- Federalism (52)
- Law and Economics (49)
- Legal theory (48)
- Economics (47)
- Civil Rights and Discrimination (46)
- International Law (46)
- Public law (45)
- Courts (44)
- General Law (44)
- International law (42)
- Public policy (42)
- Discrimination (36)
- Justice (36)
- First Amendment (35)
- United States Supreme Court (34)
- History (33)
- Administrative law (32)
- Human Rights Law (32)
- Property (32)
- Publication Year
- Publication
-
- University of Florida Journal of Law & Public Policy (498)
- Seattle University Law Review (248)
- California Regulatory Law Reporter (217)
- Richmond Public Interest Law Review (205)
- Sustainable Development Law & Policy (175)
-
- Michigan Law Review (170)
- Faculty Scholarship (157)
- Articles (135)
- ExpressO (131)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- DePaul Journal for Social Justice (109)
- Research Collection Yong Pung How School Of Law (76)
- Georgetown Law Faculty Publications and Other Works (65)
- Northwestern University Law Review (60)
- Articles, Book Chapters, & Popular Press (54)
- Journal of Food Law & Policy (47)
- Dalhousie Law Journal (43)
- Cornell Law Faculty Publications (40)
- Vanderbilt Law Review (40)
- Maine Law Review (39)
- Michigan Journal of International Law (38)
- Fordham Law Review (37)
- Law & Economics Working Papers (37)
- Review of law sciences (33)
- Fordham Environmental Law Review (31)
- University of San Diego Public Law and Legal Theory Research Paper Series (27)
- Touro Law Review (25)
- Florida Atlantic University Undergraduate Law Journal (24)
- UF Law Faculty Publications (22)
- Brooklyn Journal of International Law (21)
- Publication Type
- File Type
Articles 1291 - 1320 of 4189
Full-Text Articles in Public Law and Legal Theory
The Role Of The Law Of Unjust Enrichment In Singapore, Hang Wu Tang
The Role Of The Law Of Unjust Enrichment In Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Singapore's unjust enrichment law may be described as a form of adoption with adaptation from English law, which is indicative of two phenomena: first, the idea of law as a travelling phenomenon and, second, the development of law as a circulation of ideas. In Singapore, unjust enrichment is now accepted as a distinct branch of the law of obligations alongside tort and contract, providing relief to a plaintiff who has transferred an enrichment to the defendant in circumstances where the plaintiffs intent was vitiated. This vitiation of intent is expressed as an 'unjust factor'. While certain 'unjust factors' are regarded …
Implementing Judicial Rulings Issued Against The Administrative Authority In The Kingdom Of Saudi Arabia In Light Of Islamic Law And Positive Law, Dr. Sameh Abdullah Mohammed
Implementing Judicial Rulings Issued Against The Administrative Authority In The Kingdom Of Saudi Arabia In Light Of Islamic Law And Positive Law, Dr. Sameh Abdullah Mohammed
UAEU Law Journal
The Justice is the way of human beings to happiness, tranquility and safety, the individuals turn to judicature to exclude the injustice that sometimes may happens to them by the administration, and may go on the case of what is said that access to the ruling and then implementation is the last step in a long dispute between individuals and management before the judiciary, Individuals in the end execute the judgment. The purpose of the research is to clarify the means that the administration can use to prevent the execution of the judgments issued against it, to identify the reasons …
Constitutional Review Of Federal Tax Legislation, Reuven S. Avi-Yonah, Yoseph M. Edrey
Constitutional Review Of Federal Tax Legislation, Reuven S. Avi-Yonah, Yoseph M. Edrey
Law & Economics Working Papers
What does the Constitution mean when it says that “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States” (US Const. Article I, Section 8, Clause 1)? The definition of “tax” for constitutional purposes has become important in light of the Supreme Court’s 2012 decision in NFIB v. Sebelius, in which Chief Justice Roberts for the Court upheld the constitutionality of the individual mandate of the Affordable Care Act under the taxing power. This has led to commentators questioning …
A Critical Essay On A Treatise On International Development Law: A Coming Of Age, Rumu Sarkar
A Critical Essay On A Treatise On International Development Law: A Coming Of Age, Rumu Sarkar
DePaul Journal for Social Justice
No abstract provided.
A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits, Tricia Young
A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits, Tricia Young
DePaul Journal for Social Justice
No abstract provided.
The Black Maternal Health Crisis: How To Right A Harrowing History Through Judicial And Legislative Reform, Melia Thompson-Dudiak
The Black Maternal Health Crisis: How To Right A Harrowing History Through Judicial And Legislative Reform, Melia Thompson-Dudiak
DePaul Journal for Social Justice
No abstract provided.
An Accountability Cometh: Amend 42 Usc Section 1983 And 18 Usc Sections 241, 242, Thereby Initiating A Path To Re-Imaging Peace Officers Acting Under The Color Of State Law, James M. Durant Iii
An Accountability Cometh: Amend 42 Usc Section 1983 And 18 Usc Sections 241, 242, Thereby Initiating A Path To Re-Imaging Peace Officers Acting Under The Color Of State Law, James M. Durant Iii
DePaul Journal for Social Justice
No abstract provided.
Letters To The Readers, Members Of The Editorial Board
Letters To The Readers, Members Of The Editorial Board
DePaul Journal for Social Justice
No abstract provided.
The Failure Of Imagination: A Theoretical And Pragmatic Analysis Of Utopianism As An Orientation For Human Life, Maverick Edwards
The Failure Of Imagination: A Theoretical And Pragmatic Analysis Of Utopianism As An Orientation For Human Life, Maverick Edwards
Liberty University Journal of Statesmanship & Public Policy
Utopian theorists have long attempted to imagine “perfect” frameworks for human life. From Plato’s description of the ideal, state-centric society in the “Laws”, to Murray Rothbard’s anarcho-capitalist society, theorists have created a myriad of solutions they believe will fix most, if not all, human dilemmas. In analyzing these utopian projects from pragmatic and theoretical perspectives, this paper will argue that utopias are a failed project. Pragmatically, the development of utopia has a long and consistent track record of failure. Even the “successes” of utopian thought are under scrutiny, as they ultimately collapsed. Theoretically, the conceptualization of “perfection” entails unimaginable risk. …
“Unconstitutional Beyond A Reasonable Doubt” – A Misleading Mantra That Should Be Gone For Good, Hugh Spitzer
“Unconstitutional Beyond A Reasonable Doubt” – A Misleading Mantra That Should Be Gone For Good, Hugh Spitzer
Washington Law Review Online
For a century, Washington State Supreme Court opinions periodically have intoned that the body will not invalidate a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This odd declaration invokes an evidentiary standard of proof as a rule of decision for a legal question of constitutionality, and it confuses practitioners and the public alike. “Unconstitutional beyond a reasonable doubt” is not peculiar to Washington State. Indeed, it began appearing in state court decisions in the early nineteenth century and, rarely, in opinions of the United States Supreme Court. But the use of the phrase rapidly increased …
Offenders And Sorn Laws, Amanda Agan, J.J. Prescott
Offenders And Sorn Laws, Amanda Agan, J.J. Prescott
Book Chapters
Chapter 7 describes what we know about the effects of SORN laws on criminal behavior. A coherent story emerges from this review: there is virtually no evidence that SORN laws reduce recidivism or otherwise increase public safety. The chapter first delineates the various ways registration and notification alter the legal environment not only for registrants but also for nonregistrants, the public, and law enforcement. There are many channels through which SORN laws might impact the frequency of sex offenses, including some that would produce an increase in overall offending. The chapter assesses these possibilities in light of a large body …
A Palatable Option For Sugar-Coated Palates: Labeling As The Libertarian Paternalism Intervention That American Consumers Need, Nicholas G. Miller
A Palatable Option For Sugar-Coated Palates: Labeling As The Libertarian Paternalism Intervention That American Consumers Need, Nicholas G. Miller
University of Florida Journal of Law & Public Policy
No abstract provided.
When Critical Race Theory Enters The Law & Technology Frame, Jessica M. Eaglin
When Critical Race Theory Enters The Law & Technology Frame, Jessica M. Eaglin
Michigan Journal of Race and Law
Michigan Technology Law Review is proud to partner with our peers to publish this essay by Professor Jessica Eaglin on the intertwining social construction of race, law and technology. This piece highlights how the approach to use technology as precise tools for criminal administration or objective solutions to societal issues often fails to consider how laws and technologies are created in our racialized society. If we do not consider how race and technology are co-productive, we will fail to reach substantive justice and instead reinforce existing racial hierarchies legitimated by laws.
A Path To Transformation: Asking “The Woman Question” In International Law, Cochav Elkayam-Levy
A Path To Transformation: Asking “The Woman Question” In International Law, Cochav Elkayam-Levy
Michigan Journal of International Law
Methods matter, and the discussion over feminist methods in international law is an important one. As Kathrine Bartlett famously noted, “thinking about method is empowering.” It makes us more aware of the nature of what we do and what we aim to improve in the law. Consequently, we can act more effectively when we examine legal structures and do it with a stronger sense of commitment towards our feminist work. Methods are also the fundamental means by which we produce “valid knowing.” The discussion of feminist methods in international law is one that engages with the combination of rules and …
Pay For Play In College Athletics: Why Cost Of Attendance?, Danielle Day
Pay For Play In College Athletics: Why Cost Of Attendance?, Danielle Day
University of Florida Journal of Law & Public Policy
No abstract provided.
Fiscal Geography, Eric A. San Juan
Fiscal Geography, Eric A. San Juan
University of Florida Journal of Law & Public Policy
No abstract provided.
The Legitimacy And Limits Of Punishing "Bad Samaritans", Luke William Hunt
The Legitimacy And Limits Of Punishing "Bad Samaritans", Luke William Hunt
University of Florida Journal of Law & Public Policy
No abstract provided.
The Future Of Statutory Caps On Noneconomic Damages In Florida Medical Malpractice Actions: Constitutional Or Not?, Allison Mangan
The Future Of Statutory Caps On Noneconomic Damages In Florida Medical Malpractice Actions: Constitutional Or Not?, Allison Mangan
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Skepticism And Local Facts, Louis Michael Seidman
Constitutional Skepticism And Local Facts, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
Are written constitutions evil? In his new book, Constitutional Idolatry and Democracy, Brian Christoper Jones argues that they are. He claims that written constitutions fail to unite societies, degrade democratic engagement, and obstruct necessary constitutional maintenance. This review of his book argues that he is mostly right about the effects of the American Constitution, but that the effects of other constitutions will vary depending upon local facts.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents and Special Thanks.
Will The "Legal Singularity" Hollow Out Law's Normative Core?, Robert F. Weber
Will The "Legal Singularity" Hollow Out Law's Normative Core?, Robert F. Weber
Michigan Technology Law Review
This Article undertakes a critical examination of the unintended consequences for the legal system if we arrive at the futurist dream of a legal singularity—the moment when predictive, mass-data technologies evolve to create a perfectly predictable, algorithmically-expressed legal system bereft of all legal uncertainty. It argues that although the singularity would surely enhance the efficiency of the legal system in a narrow sense, it would also undermine the rule of law, a bedrock institution of any liberal legal order and a key source of the legal system’s legitimacy. It would do so by dissolving the normative content of the two …
Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta
Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta
CMC Senior Theses
The most popular conception of the right to privacy stems from Warren and Brandeis’s description of privacy as “the right to be left alone.” This theory ultimately points to a more fundamental approach to the right to privacy rooted in property rights. This fundamental approach - which I call privacy-as-property - is what I establish in this paper. I argue that the Lockean concept of property that “every man has a property in his own person” provides the foundation for the right to privacy. Privacy-as-property begins with the fundamental right to control oneself. Because of this intrinsic right, your property …
Understanding National Remedies And The Principle Of National Procedural Autonomy: A Constitutional Approach, Daniel H. Halberstam
Understanding National Remedies And The Principle Of National Procedural Autonomy: A Constitutional Approach, Daniel H. Halberstam
Articles
This article provides a constitutionally grounded understanding of the vexing principle of ‘national procedural autonomy’ that haunts the vindication of EU law in national court. After identifying tensions and confusion in the debate surrounding this purported principle of ‘autonomy’, the Article turns to the foundational text and structure of Union law to reconstruct the proper constitutional basis for deploying or supplanting national procedures and remedies. It further argues that much of the case law of the Court of Justice of the European Union may be considered through the lens of ‘prudential avoidance’, ie the decision to avoid difficult constitutional questions …
Second Amendment Equilibria, Darrell A. H. Miller
Second Amendment Equilibria, Darrell A. H. Miller
Faculty Scholarship
Equilibrium-adjustment theory, first articulated by Professor Orin Kerr for Fourth Amendment cases, holds promise for rationalizing Second Amendment doctrine going forward. Like the Fourth Amendment, the Second Amendment suggests an initial equilibrium—or actually, multiple equilibria—between government power to possess, use, and control the implements of violence and private power to do the same. And, like Fourth Amendment doctrine, Second Amendment doctrine must contend with both technological and societal change. These changes—e.g., more deadly and accurate weapons, more public acceptance of concealed carry—can upset whatever initial balance of gun rights and regulation there may have been in the initial state. Although …
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Pitzer Senior Theses
This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …
Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill
Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill
Dickinson Law Review (2017-Present)
Recently, the federal government has taken numerous steps to promote the equal treatment (also known as parity) of mental and physical health issues. The two most impactful actions are the Mental Health Parity and Addiction Act of 2008 and the Affordable Care Act. These acts focus on the traditional avenue for parity change—insurance regulation. While these acts have improved parity, major gaps in coverage and treatment between mental health/substance use disorder treatment and medical/surgical treatment persist. ERISA Preemption, evasive insurer behavior, lack of enforcement, and lack of consumer education continue to plague patients and healthcare professionals. On its own, federal …
Achieving Better Care In Pennsylvania By Allowing Pharmacists To Practice Pharmacy, Travis Murray
Achieving Better Care In Pennsylvania By Allowing Pharmacists To Practice Pharmacy, Travis Murray
Dickinson Law Review (2017-Present)
Traditionally, state legislatures implemented Prescription Drug Monitoring Programs (“PDMPs”) to assist prescribers, pharmacists, and law enforcement in identifying patients likely to misuse, abuse, or divert controlled substances. PDMP databases contain a catalog of a patient’s recent controlled substances that pharmacies have filled, including the date, location, the quantity of medication filled, and the prescribing health care provider. Prescribers in Pennsylvania have a duty to query the PDMP before prescribing controlled substances in most clinical settings. Pharmacists have a similar duty in Pennsylvania to dispense safe and effective medication therapy to patients and to screen patients for potential signs of misuse, …
The Pure Theory Of Law Is A Hole In The Ozone Layer, Peter Goodrich
The Pure Theory Of Law Is A Hole In The Ozone Layer, Peter Goodrich
University of Colorado Law Review
No abstract provided.
Critique, Ideology, And Aesthetics, Richard Thompson Ford
Critique, Ideology, And Aesthetics, Richard Thompson Ford
University of Colorado Law Review
No abstract provided.