Public Law and Legal Theory Commons^™

The Challenges Of Institutionalizing Comprehensive Restorative Justice: Theory And Practice In Nova Scotia, Jennifer Llewellyn, Bruce Archibald

Articles, Book Chapters, & Popular Press

The Nova Scotia Restorative Justice Program ("NSRJ") is one of the oldest and by all accounts the most comprehensive in Canada. The program centres on youth justice, and operates through referrals by police, prosecutors, judges and correctional officials to community organizations which facilitate restorative conferences and other restoratively oriented processes. More than five years of NSRJ experience with thousands of cases has led to a considerable rethinking of restorative justice theory and practice in relation to governing policies, standards for program implementation and responses to controversial issues. The purpose of this paper is to explore the significance of the Nova …

Religious Discourse In The Public Square, David Blaikie, Diana Ginn

Articles, Book Chapters, & Popular Press

Full, open, and civilized discourse among citizens is fundamental to the life of a liberal democracy. It seems trite to assert that no discourse should be prohibited or excluded simply because it is grounded in religious faith or employs religious beliefs to justify a particular position. Yet there are those who contend that it is improper for citizens to use religious arguments when debating or deciding issues in the public square, that metaphorical arena where issues of public policy are discussed and contested. In this article we challenge this position, examining the various arguments that are put forward for keeping …

Beautiful Dreamer: Review Of A Life Of H.L.A. Hart: The Nightmare And The Noble Dream, By Nicola Lacey, Jeanne L. Schroeder

University of Colorado Law Review

H.L.A. Hart is probably the most important legal theorist in the modern English-speaking world. The intriguing subtitle of Nicola Lacey's intimate biography, "The Nightmare and the Noble Dream, " echoes the name of Hart's 1997 Georgia Law Review paper, in which he identifies two warring, equally inadequate, visions of law in American jurisprudence: the "nightmare" of complete indeterminacy and unbridled judicial discretion and the "noble dream " of a closed, deterministic legal system of judicial restraint. Lacey implies that Hart's life itself was both a nightmare and a noble dream. This book review expands on Lacey's work and suggests how …

The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro

Washington and Lee Law Review

No abstract provided.

Public Interest Attorney Profiles, Terrance A. Norton, Gregg Mcconnell, Don Hilliker, Jonathon K. Baum

Public Interest Law Reporter

No abstract provided.

Spotlight On Public Interest Attorneys: Cook County Public Guardian's Office Immigrant Children's Advocacy Project, Janelle Skaloud

Public Interest Law Reporter

No abstract provided.

Catalyzing More Adequate Federal Habeas Review Of Summation Misconduct: Persuasion Theory And The Sixth Amendment Right To An Unbiased Jury, Ryan P. Alford

Oklahoma Law Review

No abstract provided.

Fleming V. Guiliani, Christopher G. Boies

NYLS Law Review

No abstract provided.

Public Legal Reason, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay develops an ideal of public legal reason--a normative theory of legal reasons that is appropriate for a society characterized by religious and moral pluralism. One of the implications of this theory is that normative theorizing about public and private law should eschew reliance on the deep premises of deontology or consequentialism and should instead rely on what the author calls public values--values that can be affirmed without relying on the deep and controversial premises of particular comprehensive moral doctrines.

The ideal of public legal reason is then applied to a particular question--whether welfarism (a particular form of normative …

A Response To Goodwin Liu, Robin West

Georgetown Law Faculty Publications and Other Works

Professor Liu's article convincingly shows that the Fourteenth Amendment can be read, and has been read in the past, to confer a positive right on all citizens to a high-quality public education and to place a correlative duty on the legislative branches of both state and federal government to provide for that education. Specifically, the United States Congress has an obligation under the Fourteenth Amendment's Citizenship Clause, Liu argues, to ensure that the public education provided by states meets minimal standards so that citizens possess the competencies requisite to meaningful participation in civic life. Liu's argument is not simply that …

Public Law Limitations On Privatization Of Government Functions, Paul R. Verkuil

Articles

The privatization movement is on the verge of succeeding too well. The fact that some of what government does can be done better and cheaper by the private sector has gained such momentum that the public sector is sometimes seen as redundant or irrelevant. But the economist's make-or-buy choice simply fails to capture the full range of responsibilities that government faces in deciding whether to outsource a particular function to private contractors.

This Article illuminates the public dimension of government functions. By exploring the public-private distinction and relating it to constitutional, statutory, and administrative requirements, it structures an argument that …

Can Parachurch Organizations Hire And Fire On The Basis Of Religion Without Violating Title Vii?, Thomas M. Messner

University of Florida Journal of Law & Public Policy

No abstract provided.

Unnatural Selection: The Fundamentalist Crusade Against Evolution And The New Strategies To Discredit Darwin, Randall W. Hall

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: The First Amendment's Effects On Congressional Efforts To Protect Minors From Obscenity On The Internet, Jonathan D. Wallace

University of Florida Journal of Law & Public Policy

No abstract provided.

Culture In Our Midst, Elaine M. Chiu

University of Florida Journal of Law & Public Policy

No abstract provided.

Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille A. Nelson

University of Florida Journal of Law & Public Policy

No abstract provided.

The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine

University of Florida Journal of Law & Public Policy

No abstract provided.

New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn

University of Florida Journal of Law & Public Policy

No abstract provided.

Trial By Jury Or By Military Tribunal For Accused Terrorist Detainees Facing The Death Penalty? An Examination Of Principles That Transcend The U.S. Constitution, Benjamin V. Madison Iii

University of Florida Journal of Law & Public Policy

No abstract provided.

Down To The Wire: Assessing The Constitutionality Of The National Security Agency's Warrantless Wiretapping Program: Exit The Rule Of Law, Fletcher N. Baldwin Jr., Robert B. Shaw

University of Florida Journal of Law & Public Policy

No abstract provided.

Military Law: Winds Of Change—Examining The Present-Day Propriety Of The Posse Comitatus Act After Hurrican Katrina, Jessica Debianchi

University of Florida Journal of Law & Public Policy

No abstract provided.

Justice O'Connor And The Rule Of Law, Eric J. Segall

University of Florida Journal of Law & Public Policy

No abstract provided.

Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Correlation Between Standards Of Evidence To The Nature And Magnitude Of Individuals' Rights At Stake, Fair C. Kim

University of Florida Journal of Law & Public Policy

No abstract provided.

The Legal Status Of Pregnant And Parenting Youth In Foster Care, Eve Stotland, Cynthia Godsoe

University of Florida Journal of Law & Public Policy

No abstract provided.

Blameworthiness, Intent, And Cultural Dissonance: The Unequal Treatment Of Cultural Defense Defendants, Nancy S. Kim

University of Florida Journal of Law & Public Policy

No abstract provided.

Deconstructing The Cultural Evidence Debate, Janet C. Hoeffel

University of Florida Journal of Law & Public Policy

No abstract provided.

Judicial Power And Mobilizable History, Richard A. Primus

Articles

One contribution that law professors can make to constitutional discourse, I suggest, is the nurturing of new mobilizable histories. A "mobilizable history," as I will use the term, is a narrative, image, or other historical source that is sufficiently well-known to the community of constitutional decisionmakers so as to be able to support a credible argument in the discourse of constitutional law. It draws upon materials that are within the collective memory of constitutional interpreters; indeed, a necessary step in nurturing a new mobilizable history is to introduce new information into that collective memory or to raise the prominence of …

Feminists, Angels, Poets, And Revolutionaries: What I'Ve Learned From Ruthann Robson And Nicole Brossard On What It Means To Be A Law Teacher, Kim Brooks

Articles, Book Chapters, & Popular Press

This short piece was written as a tribute to the contributions Ruthann Robson has made to legal pedagogy, and was presented at a Symposium in her honor held at CUNY.

The Legal Limits Of Universal Jurisdiction, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

Despite all the attention it receives from both its supporters and critics, universal jurisdiction remains one of the more confused doctrines of international law. Indeed, while commentary has focused largely and unevenly on policy and normative arguments either favoring or undercutting the desirability of its exercise, a straightforward legal analysis breaking down critical aspects of this extraordinary form of jurisdiction remains conspicuously missing. Yet universal jurisdiction's increased practice by states calls out for such a clear descriptive understanding. This Essay engages this under-treated area. It offers to explicate a basic, but overlooked, feature of the law of universal jurisdiction: If …