Jurisprudence Commons^™

Transmuting The Politico-Legal Lump: Brexit And Britain's Constitutional Order, Richard Mullender

Cardozo Law Review

No abstract provided.

The Roads To Reversing Brexit: Local And Transnational Constitutional Principles, Rob Howse

Cardozo Law Review

No abstract provided.

The Role Of Exit Rights: What The Theory Of The Firm Says About The Conduct Of Brexit Negotiations, Richard A. Epstein

Cardozo Law Review

The United Kingdom's (U.K.) June 2016 decision to exercise its great surprises option to leave the European Union (E.U. or Union) represents one of the in the complex history of supranational organizations. Most of the discussion in the wake of that decision has tended to stress the particulars of the referendum with regard to the short-term advantages and disadvantages of a decision that has clearly divided class and region within the U.K. Older individuals, and those who did not live and work in the Greater London area, tended to vote in favor of exit. Those who were younger and in …

Brexit And The Future Of Liberal Democracy, Larry Alexander

Cardozo Law Review

I write this short Essay as one who is not an expert on the causes of Brexit or of its American near-equivalent, the election of Donald Trump. My piece is purely an exercise in armchair speculation, quite possibly wrong, but also quite possibly correct. And if it is correct, I leave it to others to answer Lenin's famous question: "What is to be done?"

Echoes Of The Past: The 1975 Eec Referendum Forty Years On, Warren Swain

Cardozo Law Review

The article examines the 1975 referendum on Britain's continued membership in the European Economic Community (EEC), highlighting the political, economic, and social dynamics that shaped the campaign and its outcome. It draws parallels with the 2016 Brexit referendum, emphasizing the role of the political establishment, public opinion, and sovereignty concerns. The 1975 referendum resulted in a decisive vote to remain in the EEC, but the article suggests that the underlying issues, such as concerns over sovereignty and economic impact, persisted and ultimately contributed to the 2016 decision to leave the EU.

"We Are All Textualists Now": The Legacy Of Justice Antonin Scalia, Judge Diarmuid F. O'Scannlain

St. John's Law Review

(Excerpt)

One of my favorite extra-judicial activities is meeting with law students, and it is a pleasure to be with you today. But it is a special privilege to come back to the Jamaica campus of St. John’s College from which I graduated 60 years ago, long before the Law School had moved here from Schermerhorn Street in Brooklyn, and when there was only one building on this former golf course.

I was honored to call Justice Scalia a role model and friend. What I hope to convey to you today, however, is the effect Justice Scalia’s tenure on the …

A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

The Tragedy Of Lutheran Jurisprudence, Augusto Zimmermann

The University of Notre Dame Australia Law Review

The teachings of Martin Luther (1483–1546) launched the Protestant Reformation in the 16th century. Luther believed in a discontinuity between God and humans that makes it impossible to provide an account of morality by reference to natural law. Rather, Lutheran jurisprudence rejects natural-law theory and it largely remains in the shadows of narrow legal positivism. According to Lutheran jurisprudence, lawfully promulgated decrees are laws even if they are completely arbitrary in their purpose and effect. Luther derived his doctrine on civil government exclusively from Chapter 13 of St Paul’s Epistle to the Romans. He saw in this passage no legitimate …

Judicial Appointments In The United States And Australia -- A Comparison, Murray Tobias Qc

The University of Notre Dame Australia Law Review

No abstract provided.

Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White

Touro Law Review

No abstract provided.

The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles

Book Chapters

No abstract provided.

Disbelief Doctrines, Sandra F. Sperino

Faculty Articles and Other Publications

Employment discrimination law is riddled with doctrines that tell courts to believe employers and not workers. Judges often use these disbelief doctrines to dismiss cases at the summary judgment stage. At times, judges even use them after a jury trial to justify nullifying jury verdicts in favor of workers.

This article brings together many disparate discrimination doctrines and shows how they function as disbelief doctrines, causing courts to believe employers and not workers. The strongest disbelief doctrines include the stray comments doctrine, the same decisionmaker inference, and the same protected class inference. However, these are not the only ones. Even …

The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles

Law Library Faculty Scholarship

Published as a chapter in Millennial Leadership in Libraries edited by Ashley Krenelka Chase.

Community Dignity Takings: Dehumanization And Infantilization Of Communities Resulting From The War On Drugs, Jamila Jefferson-Jones

Law Faculty Research Publications

No abstract provided.

Communitarianism And The Roberts Court: The Sequel, Robert M. Ackerman, Adam G. Winn

Law Faculty Research Publications

No abstract provided.

Patent Eligibility's Doctrinal Exclusions... Lately, A Scary Movie Too Difficult To Watch: Concrete Solutions And Suggestions, Kristy J. Downing

Marquette Intellectual Property Law Review

Patent eligible subject matter is defined by the legislature’s 35 U.S.C. § 101 to include “any new and useful process, machine, manufacture or composition of matter.” Since the nineteenth century, however, United States (U.S.) courts have considered certain otherwise eligible subject matter excludable from patent protection. The judiciary’s doctrinal exclusions’ purpose was to protect fundamental building blocks to science and useful arts ensuring that such information could not be monopolized by one entity. Presently, however, the judicial exclusions have been used to exclude fewer fundamental building blocks and more ordinary brick-and-mortar innovations after two U.S. supreme court decisions (Mayo …

Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk

American University Law Review

No abstract provided.

A Drama Of Development: Gary Olson On Stanley Fish, Richard Mullender

Cardozo Law Review de•novo

Book Review of Gary A. Olson, Stanley Fish, America’s Enfant Terrible: The Authorized Biography

Sign Or Die: The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

The Supreme Court And The Federal Circuit Turn Patent Infringement Venue Jurisprudence Upside Down, Robert Tapparo

American University Business Law Review

No abstract provided.