Killers That Once Were Humans: Reading The Role Of Modern Law Via Instrumental Rationality,
2024
American University in Cairo
Killers That Once Were Humans: Reading The Role Of Modern Law Via Instrumental Rationality, Momen Abdelbari Hassan
Theses and Dissertations
For Max Weber, the process of modernization is the process of rationalization in which it includes every realm in our modern life, such as the economy, science, organization, education, and law. However, this kind of rationalization has created coercive and inhumane conditions because rationalization has converted to being instrumental (value-free) without regard to any transcendental or moral values. The inhumane paradigm has become the only fate of our world. The vision needs rational domination to be achieved through formal rational law. Modern law, along with bureaucratization, has paved the road to rational political domination. This kind of domination captures human …
Problems With Authority,
2024
St. John's University School of Law
Problems With Authority, Amy J. Griffin
St. John's Law Review
(Excerpt)
Judicial decision-making rests on a foundation of unwritten rules—those that govern the weight of authority. Such rules, including the cornerstone principle of stare decisis, are created informally through the internal social practices of the judiciary. Because weight-of-authority rules are largely informal and almost entirely unwritten, we lack a comprehensive account of their content. This raises serious questions—sounding in due process and access to justice—about whether judicial decision-making rests ultimately on judges’ arbitrary and unexamined preferences rather than transparent and deliberative processes. These norms of authority are largely invisible to many, including parties appearing before the courts. They govern the …
Legal Summaries Of Administrative Law Cases,
2024
Pepperdine University
Legal Summaries Of Administrative Law Cases, Keyana Young
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Egypt’S Legal Modernism: Challenging The National Discourse,
2024
State Lawsuits Authority
Egypt’S Legal Modernism: Challenging The National Discourse, Mohamed A. El-Deeb
Theses and Dissertations
Egypt’s legal modernity is the story of the modern Egyptian state itself. Reforming the country’s judiciary in the late nineteenth century was meant to achieve ambitious aims beyond the functionality of a justice system. The utmost goal was the country’s independence from the suzerainty of the Ottoman Empire. The judicial reforms modernized the Egyptian state and built a judiciary and legal community like no other place. Egypt achieved its independent judiciary before gaining its political independence. That was a remarkable achievement of the judicial reform. That rich part of Egypt’s modern history is negated and disregarded from public awareness. Not …
Locke’S “Wild Indian” In United States Supreme Court Jurisprudence,
2024
Winthrop University
Locke’S “Wild Indian” In United States Supreme Court Jurisprudence, Anthony W. Hobert Phd
American Indian Law Journal
This article explores the impact of John Locke’s Two Treatises on United States Indigenous property rights jurisprudence. After discussing Locke’s arguments, the article turns to the rationales of the first and last cases of the Marshall Trilogy—Johnson v. McIntosh (1823) and Worcester v. Georgia (1832)—arguing that, contrary to prevailing political theory, Marshall’s opinion for the Court in Johnson puts forth a fundamentally Lockean justification for the dispossession of Indigenous property. This article also provides a brief analysis of Marshall’s explicit Vattelian rationale in Worcester, commentary on recent developments regarding the precedents, and recommendations for reconciling them within contemporary …
The Validity And Criticisms Of The Current Approach Of Human Rights Bodies Regarding The Positive Procedural Obligations Of States,
2024
College of Law, Islamic University in Babylon, Iraq
The Validity And Criticisms Of The Current Approach Of Human Rights Bodies Regarding The Positive Procedural Obligations Of States, Faris Kareem Al-Anaibi Dr.
UAEU Law Journal
This paper questions whether the current approach of human rights bodies with regard to the positive procedural obligations is valid according to both, the domestic legal standards of states, and the mandate given to them in the conventions. It raises important criticisms about the capability of human rights bodies to effectively fulfill their newly assumed task of ordering and supervising prosecutions and punishments in criminal matters. It seems clear that the domestic justice systems of states bear the primary responsibility to bring violators of the right to life and other human rights to justice and action by human rights bodies …
Titrisation Et «Sukukisation» En Droit Tunisien,
2024
Assistant Professor, King Faisal University – Kingdom of Saudi Arabia
Titrisation Et «Sukukisation» En Droit Tunisien, Nizar Hamrouni Dr.
UAEU Law Journal
Banks and financial institutions sometimes have to invest the debts they owe to others because they need money by transferring them to others through many means, the most important of which is securitization, which is the transfer of debts to a mutual debt fund in exchange for tradable securities in the market. However, securitization in this commercial form led to the transfer of debt-related risks to the financial market, which actually caused the global financial crisis of 2008.
Therefore, sukuk represents the Islamic alternative to securitization in terms of its subjection to Islamic controls, the most important of which is …
The Fine For The Crime Of Issuing A Cheque Without A Balance Between The Ordinary And The Relative In The Algerian Legislation,
2024
Faculty of Law and Political Sciences Abdelhamid Ben Badis University (Algeria)
The Fine For The Crime Of Issuing A Cheque Without A Balance Between The Ordinary And The Relative In The Algerian Legislation, Bassim Chihab Prof.
UAEU Law Journal
The fine stipulated in Article 374 of the Algerian Penal Code took a special place in both the judiciary and legal jurisprudence, as the legislator made it specific to the value of the cheque or the decrease in the balance. The judiciary described it as a mandatory complementary punishment, and this resulted in important consequences, as it is not valid to rule on it alone, reprieve or reduce it. In view of the developments in the punitive policy, the Algerian judiciary, represented by the Supreme Court, considered this fine as an original penalty, and everything related to this description was …
The Poor Man's Problem In Bankruptcy,
2024
St. Mary's University
The Poor Man's Problem In Bankruptcy, Rylee Stanley
St. Mary's Law Journal
No abstract provided.
Era Of Confusion: The State Of Patent Eligibility Jurisprudence And The Need For Intervention,
2024
St. Mary's University
Era Of Confusion: The State Of Patent Eligibility Jurisprudence And The Need For Intervention, Alyssa Boggs
St. Mary's Law Journal
No abstract provided.
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship,
2024
University of Pittsburgh School of Law
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake
University of Cincinnati Law Review
No abstract provided.
Resurrection,
2024
Northwestern Pritzker School of Law
Resurrection, Bassim Al Shaker
Northwestern Law Journal des Refusés
No abstract provided.
Self-Evident: Why The Declaration Of Independence Is America’S True Constitution,
2024
Northwestern Pritzker School of Law
Self-Evident: Why The Declaration Of Independence Is America’S True Constitution, Chelsea H. Blake
Northwestern Law Journal des Refusés
No abstract provided.
American Legal Realism Today: An Idiosyncratic Restatement,
2024
Northwestern Pritzker School of Law
American Legal Realism Today: An Idiosyncratic Restatement, Mark Tushnet
Northwestern Law Journal des Refusés
No abstract provided.
An Introduction To American Legal Realism,
2024
Northwestern Pritzker School of Law
An Introduction To American Legal Realism, Noah Hornberger
Northwestern Law Journal des Refusés
No abstract provided.
Foreword,
2024
Northwestern Pritzker School of Law
Foreword, Caroline Faye Radell, Udhanth Mallasani
Northwestern Law Journal des Refusés
No abstract provided.
Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence,
2024
Bridgewater College
Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, Katie Yoder
Honors Projects
The U.S. Supreme Court first recognized Substantive Due Process (“SDP”) in the early twentieth century. In Lochner v. New York, the Court established that there are certain unenumerated rights that are implied by the Fourteenth Amendment.Though SDP originated in a case about worker’s rights and liberties, it quickly became relevant to many cases surrounding personal intimate decisions involving health, safety, marriage, sexual activity, and reproduction.Over the past 60 years, the Court relied upon SDP to justify expanding a fundamental right to privacy, liberty, and the right to medical decision making. Specifically, the court applied these concepts to allow for freedoms …
Agency Deference After Loper: Expertise As A Casualty Of A War Against The “Administrative State”,
2024
Brooklyn Law School
Agency Deference After Loper: Expertise As A Casualty Of A War Against The “Administrative State”, Michael M. Epstein
Brooklyn Law Review
Chevron deference has been a foundational principle for administrative law for decades. Chevron provided a two-step analysis for determining whether an agency would be given deference in its decision-making. This deferential test finds its legitimacy on the grounds of agency expertise and accountability. However, when the Supreme Court of the United States granted certiorari in Loper Bright Enterprise v. Raimondo, it positioned itself to potentially overrule or severely limit Chevron. An overruling of Chevron would place judicial deference to administrative agency decisions in peril by allowing courts to substitute their own views over the informed opinions of agency experts. This …
Nationwide Injunctions And The Administrative State,
2024
Brooklyn Law School
Nationwide Injunctions And The Administrative State, Russell L. Weaver
Brooklyn Law Review
Where an administrative regulation is deemed by a court to be illegal, unconstitutional, or otherwise invalid, courts sometimes issue nationwide injunctions. In other words, instead of holding that the regulation cannot be applied to the individuals before the court, the court prohibits the agency from applying the regulation anywhere in the country, including to others not before the court. This article explores the debate surrounding the appropriateness of nationwide injunctions. While at first glance such injunctions may seem to make sense, they can have serious consequences, including risk of abuse and forum shopping, amplification of erroneous decisions, and the negative …
When Life Takes Your Lemons: Resolving The Legislative Prayer Debate In School Board Settings In Light Of Kennedy V. Bremerton School District,
2024
Brooklyn Law School
When Life Takes Your Lemons: Resolving The Legislative Prayer Debate In School Board Settings In Light Of Kennedy V. Bremerton School District, Jordan Halper
Brooklyn Law Review
The COVID-19 pandemic fanned the flames of a fire that had been slowly but steadily burning since 2016, arming the loudest warriors of America’s endless culture war with a slew of new divisive issues. Virtually overnight, parental rights groups began capitalizing on the frustration in their communities in order to spur political change, training their ire toward public schools. What began as a crusade against mask mandates and vaccines manifested into a well-funded effort by ultraconservative groups to undermine the public education system as a whole. Against this backdrop, the legislative prayer exception—which was meant to sanction the practice of …