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 150 of 221.

From Apology To Utopia's Point Of Attack, Justin Deystone 2016 University of Colorado Law School

From Apology To Utopia's Point Of Attack, Justin Deystone

Publications

This contribution to the Symposium celebrating the Twenty-fifth Anniversary of Martti Koskenniemi's From Apology to Utopia explores the relevance of the book for contemporary theorists of the international world. In doing so, the article puts Koskenniemi's classic in a contest with John Yoo's recent book, Point of Attack. The purpose in doing so is three-fold. First, it is to illustrate the contemporary use of Koskenniemi's structuralist method. Second, it is to show how the use of the method, with its attendant reliance on modes of legal thought, might give pause to international thinkers seeking to reinvigorate particular structures of …


The End Of An Era? Federal Civil Procedure After The 2015 Amendments, Adam N. Steinman 2016 Texas A&M University School of Law

The End Of An Era? Federal Civil Procedure After The 2015 Amendments, Adam N. Steinman

Faculty Scholarship

The recent amendments to the Federal Rules of Civil Procedure were the most controversial in decades. The biggest criticisms concerned pleading standards and access to discovery. Many feared that the amendments would undermine the simplified, merits-driven approach that the original drafters of the Federal Rules envisioned and would weaken access to justice and the enforcement of substantive rights and obligations.

This Article argues that the amendments that came into effect on December 1, 2015, do not mandate a more restrictive approach to pleading or discovery. Although there was legitimate cause for alarm given the advisory committee’s earlier proposals and supporting …


The Rule Of Unanimity's Circuit Splitting Effect: The Problem With Consent—Griffioen V. Cedar Rapids & Iowa City Railway Co., Aaron P. Meland 2016 Mitchell Hamline School of Law

The Rule Of Unanimity's Circuit Splitting Effect: The Problem With Consent—Griffioen V. Cedar Rapids & Iowa City Railway Co., Aaron P. Meland

Mitchell Hamline Law Review

No abstract provided.


Unfair Trade Practices In Imports - Section 337 Of The Tariff Act Of 1930 And The Meaning Of "Domestic Industry", Kathy Bond 2015 University of Georgia School of Law

Unfair Trade Practices In Imports - Section 337 Of The Tariff Act Of 1930 And The Meaning Of "Domestic Industry", Kathy Bond

Georgia Journal of International & Comparative Law

No abstract provided.


Books Received, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Family Law In The Republic Of Ireland, William Binchy 2015 University of Georgia School of Law

Family Law In The Republic Of Ireland, William Binchy

Georgia Journal of International & Comparative Law

No abstract provided.


Aviation Law-Air Services Agreement Between The United States And The United Kingdom, Patricia E. Cooper 2015 University of Georgia School of Law

Aviation Law-Air Services Agreement Between The United States And The United Kingdom, Patricia E. Cooper

Georgia Journal of International & Comparative Law

No abstract provided.


The International Banking Act Of 1978: Federal Regulation Of Foreign Banks In The United States, Patrick F. McMahon 2015 University of Georgia School of Law

The International Banking Act Of 1978: Federal Regulation Of Foreign Banks In The United States, Patrick F. Mcmahon

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Candor And Extralegal Reasoning: Why Extralegal Reasons Require Legal Justifications (And No More), Eric Dean Hageman 2015 Notre Dame Law School

Judicial Candor And Extralegal Reasoning: Why Extralegal Reasons Require Legal Justifications (And No More), Eric Dean Hageman

Notre Dame Law Review

This Note’s first Part explores two landmark Supreme Court cases, Planned Parenthood of Southeastern Pennsylvania v. Casey and NFIB, that may have been decided based on extralegal considerations. Part II describes three prominent theories of judicial candor with an eye to the results they might yield with respect to extralegal reasoning. Part III offers and defends a new, partial theory of judicial candor. This theory is that a judge who employs extralegal reasoning should omit discussion of her reliance on that reasoning and justify her decision with legal reasoning.

The first two Parts will demonstrate that there is a …


Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho 2015 Campbell University School of Law

Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho

West Virginia Law Review

No abstract provided.


Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha 2015 Barry University School of Law

Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha

Barry Law Review

No abstract provided.


Pepperdine University School Of Law; Legal Summaries, Nicole Banister 2015 Pepperdine University

Pepperdine University School Of Law; Legal Summaries, Nicole Banister

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr. 2015 Pepperdine University

A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe 2015 Barry University School of Law

Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe

Barry Law Review

No abstract provided.


The Value Of A Life Story And Why The Right To An Individual's Life Story Should Not Escape Bankruptcy, Robert Sutton 2015 Barry University School of Law

The Value Of A Life Story And Why The Right To An Individual's Life Story Should Not Escape Bankruptcy, Robert Sutton

Barry Law Review

No abstract provided.


Books Received, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Patent And Know-How Licensing In Japan And The United States, Terry K. Smith 2015 University of Georgia School of Law

Patent And Know-How Licensing In Japan And The United States, Terry K. Smith

Georgia Journal of International & Comparative Law

No abstract provided.


"Be True To What You Said On Paper": Penny Pether On The Positivism Of Law And Language, Marianne Constable 2015 Villanova University Charles Widger School of Law

"Be True To What You Said On Paper": Penny Pether On The Positivism Of Law And Language, Marianne Constable

Villanova Law Review (1956 - )

No abstract provided.


Strange Fruit: What Happened To The United States Doctrine Of Precedent?, Penelope Pether 2015 Villanova University Charles Widger School of Law

Strange Fruit: What Happened To The United States Doctrine Of Precedent?, Penelope Pether

Villanova Law Review (1956 - )

No abstract provided.


Mos Americanus Or Common Law In Partibus Infidelium, Peter Goodrich 2015 Villanova University Charles Widger School of Law

Mos Americanus Or Common Law In Partibus Infidelium, Peter Goodrich

Villanova Law Review (1956 - )

No abstract provided.


Digital Commons powered by bepress