Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons™

Open Access. Powered by Scholars. Published by Universities.®

9,347 Full-Text Articles 7,381 Authors 10,321,361 Downloads 172 Institutions

All Articles in Jurisprudence

Faceted Search

9,347 full-text articles. Page 146 of 221.

The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis 2016 Loyola University Chicago, School of Law

The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Hearsay Evidence: Legal Discourse, Circumstantiality, And The Woman In White, Matthew Finley 2016 Pepperdine University

Hearsay Evidence: Legal Discourse, Circumstantiality, And The Woman In White, Matthew Finley

Global Tides

In Wilkie Collins’s The Woman in White, Walter Hartright begins the narrative by stating that, because “the Law is still … the pre-engaged servant of the long purse,” he has arranged the novel to reveal the truth (5). The author, then, puts the law on trial by engaging the interplay between legal questions of witness credibility and testimonial evidence and their impact on social factors such as class and gender. The law’s emphasis on externality leads the system to privilege the snakelike Fosco over the heroic Walter, Laura, and Marian, signaling the courts' capital offence. Although the novel is …


The Rise Of The Unilateral Executive, Anna Kitsmarishvili 2016 Pepperdine University

The Rise Of The Unilateral Executive, Anna Kitsmarishvili

Global Tides

This paper addresses the impact of executive order issuance on the separation of powers among the executive and legislative branches—particularly in the realm of foreign affairs. It concludes that judicial vagueness and avoidance regarding presidential directives has resulted in increased Executive authority. The aggrandizement of presidential powers in foreign affairs is revealed through examples from both the Bush and the Obama Administrations. By reviewing landmark U.S. Supreme Court cases, such as United States v. Curtiss-Wright Corp. (1936) and Youngstown Sheet & Tube Co. v. Sawyer (1952), the paper examines the traditional framework of the Court regarding presidential direct action and …


Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki 2016 Loyola University Chicago, School of Law

Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki

Faculty Publications & Other Works

Policymakers frequently use arational appeals – such as those relying on emotion, cognitive biases, and subliminal messaging – to persuade citizens to adopt behaviors that support public goals. However, these communication tactics have been widely criticized for relying on arational triggers, rather than reasoned argument. This Article develops a fuller account of the non-consequentialist objections to arational persuasion by state actors, as well as the arguments in favor of such tactics, that have been presented by scholars of rhetoric, political theory, and cognitive science. The Article concludes by proposing ethically justifiable limitations on state communications that should be compelling to …


Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan 2016 Loyola University Chicago, School of Law

Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan

Faculty Publications & Other Works

No abstract provided.


Transgressions Of A Timid Judiciary: Our Highest Court's Refusal To Overturn Abood V. Board Of Education—Harris V. Quinn, Joe E. Ling 2016 Mitchell Hamline School of Law

Transgressions Of A Timid Judiciary: Our Highest Court's Refusal To Overturn Abood V. Board Of Education—Harris V. Quinn, Joe E. Ling

Mitchell Hamline Law Review

No abstract provided.


Nonmoral Theoretical Disagreement In Law, Alani Golanski 2016 Mitchell Hamline School of Law

Nonmoral Theoretical Disagreement In Law, Alani Golanski

Mitchell Hamline Law Review

No abstract provided.


Model Or Anti-Model? U.S. Regulatory Takings Doctrine In Foreign Jurisdictions, Melanie Benesh 2016 Environmental Working Group

Model Or Anti-Model? U.S. Regulatory Takings Doctrine In Foreign Jurisdictions, Melanie Benesh

Cardozo Journal of International and Comparative Law

Canada and Australia have taken a different approach to regulatory takings than Peru, despite some similarities among the countries. Like Peru, Canada and Australia both have IIAs with the United States. Like Peru, both have also addressed regulatory takings issues in their domestic jurisprudence since signing those IIAs. And like Peru, both Canada and Australia have looked to U.S. regulatory takings doctrine while developing their own domestic jurisprudence. However, unlike Peru, Canada and Australia have both ultimately decided that the U.S. regulatory takings doctrine would not be viable in their constitutional and political systems. They view U.S. regulatory takings doctrine …


Foreword: The Supreme Court's Estate Planning Jurisprudence, Bridget J. Crawford 2016 Pace University School of Law

Foreword: The Supreme Court's Estate Planning Jurisprudence, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Sophisticated trust and estate counsel must keep up with near-daily developments in the substantive state law of wills, trusts and estates, as well as state and federal laws of wealth transfer taxation. Because of the sheer volume of statutory law and administrative regulations that estate planners must master, it is easy to lose sight of the important role that federal courts play in shaping the field of estate planning. Federal tax cases are routinely heard by the United States Tax Court, the Federal District Courts, the Court of Federal Claims and appellate courts in all circuits. Yet very few tax …


Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters 2016 Texas A&M University School of Law

Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters

Faculty Scholarship

Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but they have received remarkably little attention by either administrative law scholars or social scientists who study the bureaucracy. Existing research offers few insights about the institutions, norms, and inputs that shape and constrain agency discretion over their agendas or about the strategies that officials employ in choosing to elevate certain issues while putting others on the back burner. In this article, we advance the study of …


Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster 2016 Levin College of Law, University of Florida

Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster

Buffalo Law Review

No abstract provided.


Writing The Social History Of Legal Doctrine, Cynthia Nicoletti 2016 University of Virginia

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Buffalo Law Review

No abstract provided.


Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo 2016 St. Mary's University

Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo

St. Mary's Law Journal

Abstract Forthcoming.


The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott 2016 St. Mary's University

The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott

St. Mary's Law Journal

When lawyers are well prepared, know the law, present the law, and have it ignored by judges who interpret the law in their own way, it can be frustrating. When courts publish opinions embodying this attitude, students, too, become frustrated or conclude that the law is whatever judges decide it should be. This Article does not focus on unethical judges who decide cases with wrong motives but, rather, it focuses on ethical judges who are faced with “hard” cases and have the dilemma of deciding the case, either by the rule or by the judge’s concept of fairness. In both …


Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez 2016 St. Mary's University

Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez

St. Mary's Law Journal

Abstract Forthcoming.


A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano 2016 St. Mary's University

A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano

St. Mary's Law Journal

Writing for the Supreme Court in The Lottawanna in 1875, Justice Joseph P. Bradley envisioned federal and state regulation of maritime affairs as “a system of law coextensive with, and operating uniformly in, the whole country.” He thought state involvement in maritime law defeated the consistency and uniformity the Constitution sought to achieve for interstate and international commerce. Over 100 years later, Justice Antonin Scalia, describing the current relationship between state and federal regulation in the admiralty arena, stated: “It would be idle to pretend that the line separating permissible from impermissible state regulation is readily discernible in our admiralty …


The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler 2016 St. Mary's University

The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler

St. Mary's Law Journal

Services such as Google Maps and MapQuest significantly impact how consumers use the Internet. For as much as they contribute to Internet use, issues arise concerning the use of satellite images and aerial photographs in the context of litigation. Historical concerns about satellite and aerial imagery typically involved expectations of privacy and the application of the Fourth Amendment. Courts and citizens alike express concern with when and where privacy ends with respect to aerial views. Concerns as to the admissibility of aerial photographs have also been prominent. Specifically, interest in admissibility of these photographs focuses on sufficiency, relevance, and accuracy. …


Income Equality In Utopia, Daniel J. Morrissey 2016 University of the Pacific

Income Equality In Utopia, Daniel J. Morrissey

University of the Pacific Law Review

No abstract provided.


Work And The Legal Person In Thomas More's Utopia, Andreea D. Boboc 2016 University of the Pacific

Work And The Legal Person In Thomas More's Utopia, Andreea D. Boboc

University of the Pacific Law Review

No abstract provided.


Law's Emotions, Robin West 2016 Georgetown University Law Center

Law's Emotions, Robin West

Georgetown Law Faculty Publications and Other Works

The emerging interdisciplinary field of “Law and Emotions” brings together scholars from law, psychology, classics, economics, literature and philosophy all of whom have a defining interest in law’s various relations to our emotions and to emotional life: they share a passion for law’s passions. They also share the critical premise, or assumption, that most legal scholars of at least the last half century, with a few exceptions, have mistakenly accorded too great of a role to reason, rationality, and the cool calculations of self interest, and have accorded too small a role to emotion, to the creation, the imagining, the …


Digital Commons powered by bepress