Jurisprudence Commons^™

The Politics Of Constitutional Dignity Jurisprudence, Daniel Haefke

Brooklyn Law Review

This Article traces the politics of (human) dignity in US constitutional law. It reveals that the notion has undergone a conservative shift, which has resulted from Supreme Court Justices increasingly unleashing dignity’s dormant conservative potential. Legal scholars arguing for prominently including the notion in constitutional jurisprudence reflect the belief that adopting the language of dignity would push the Supreme Court to be more sensitive to progressive political demands. This progressive constitutional dignity optimism is historically plausible yet conceptually misguided. It is historically plausible considering the legacy of constitutional dignity in previous opinions of the Court. As the Article expounds, the …

Brief Of Professors William Araiza, Jeffrey Lubbers, And Peter M. Shane As Amici Curiae In Support Of Defendantappellant Federal Trade Commission, Jeffrey Lubbers

Amicus Briefs & Court Filings

Amici are law professors who teach and write in the fields of administrative law and statutory interpretation. Amicus William Araiza is the Stanley A. August Professor of Law at Brooklyn Law School. Amicus Jeffrey Lubbers is Professor of Practice in Administrative Law at American University, Washington College of Law. Amicus Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at Ohio State University, Moritz College of Law. As leading administrative law scholars, amici have a strong interest in the sound development of administrative law in the federal courts, and are submitting this …

A Fundamental Failing: The Mississippi Judiciary's Abrogation Of Its Constitutional Duty, Brad Robertson

MC Law Review

No abstract provided.

What's Love Got To Do With It? Davis V. Henderson And A Proposed Revision To Mississippi's Termination Of Child Support Standard, Maddie Woodhead

MC Law Review

No abstract provided.

Death By Jury: Jurisprudential Trends And Hybrid Capital Sentencing Authority, Jacob T. Hayes

Tennessee Journal of Law and Policy

No abstract provided.

Law, Fact, And Appellate Review, Adam N. Steinman

Faculty Scholarship

For centuries, courts have been called upon to distinguish between law and fact. That distinction played a key role in recent Supreme Court decisions on two critical components of appellate review. Dupree v. Younger considered an important question regarding what a party must do at trial to preserve an issue for appellate review. And Google LLC v. Oracle America, Inc. addressed how to select and apply the standard of appellate review--specifically, whether and how the appellate court must show deference to particular decisions made at the trial level.
Both decisions were partially right. Dupree correctly focused on whether certain early …

Keynote Address: Protecting The Pillars Of Our Legal System, Bernard W. Nussbaum

Tennessee Journal of Law and Policy

No abstract provided.

Dealing With Excessive Caseloads Without Litigation, Robert Stein, John Terzano, Norman Lefstein, Avis Buchanan, Robert Boruchowitz, Dennis Keefe, James R. Neuhard

Tennessee Journal of Law and Policy

No abstract provided.

Mutual Recognitions Across Generations, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

“Sovereignty,” Arendt says, “is contradictory to” the human condition. It is not, in any event, the kind of thing that can be shared across generations. Subsequent generations lack sovereignty to the precise degree that they are bound by the decisions of their predecessors. It is no answer to say that contemporary citizens participate in the sovereignty of a whole, transgenerational people. To paraphrase de Tocqueville, later generations are not free because they are not entirely equal, and they are not equal because they are not entirely free.

Where “sovereignty” is a metaphysical concept that transcends time, recognition is an act …

Separation Of Powers Restrictions On Judicial Rulemaking: A Case Study Of Federal Rule 4, Ralph U. Whitten

Maine Law Review

Debates over the validity of Federal Rules of Civil Procedure have historically centered on the "substantive rights" restriction of the Rules Enabling Act of 1934. While Supreme Court decisions from Sibbach v. Wilson & Co. through Hanna v. Plumer and beyond have arguably deprived the restriction of any practical force, scholars have consistently favored a more rigorous interpretation of the directive that federal rules not "abridge, enlarge, or modify any substantive rights." Despite the historic impotence of the substantive rights restriction, discussions of the validity of the Federal Rules of Civil Procedure continue, even today, to center on the substantive …

City Of Portland V. Depaolo: Defining The Role Of Stare Decisis In State Constitutional Decisionmaking, Thad B. Zmistowski

Maine Law Review

Five years ago, the Maine Supreme Judicial Court, sitting as the Law Court, aligned itself with a growing number of states by adopting the primacy method of state constitutional decisionmaking. Under the primacy method, a state court decides an issue of constitutional law by first looking to that state's own constitution; if the issue is resolvable on state constitutional grounds, the federal constitutional grounds are not reached. Adoption of the primacy method by numerous state courts has generated considerable debate concerning issues of state constitutional law. Little discussion, however, has focused on the methodology of state constitutional adjudication. As a …

U.S. Court Of Appeals For The Seventh Circuit To Hold Oral Argument At The Maurer School Of Law, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A three-judge panel of the United States Court of Appeals for the Seventh Circuit—one of 13 appellate courts of the United States federal judiciary—will hear oral argument at the Indiana University Maurer School of Law on Thursday, October 24.

The arguments are scheduled to begin at 9:30 a.m. in the Law School’s DeLaney Moot Court Room. The proceedings are open to the public, with seating available on a first-come, first-served basis starting at 9 a.m. An overflow room will be available if needed. The arguments are expected to conclude by 12:30 p.m.

“The Seventh Circuit Court of Appeals has a …

Chilling Victims’ Rights: The Supreme Court Creates A “Pride Of Place” For True Threats, Ana Maria Matovic

Dickinson Law Review (2017-Present)

Living in the Information Age means that information is literally always at our fingertips. This also means that keeping tabs on one another is as easy as a tap on a screen. The effortless ability to follow another’s life on the internet has led to a sinister phenomenon: cyberstalking. Prosecuting cyberstalking cases poses complex constitutional challenges. Specifically, prosecuting these cases may clash with a perpetrator’s First Amendment right to free speech. However, the First Amendment does not protect all categories of speech. One of those unprotected categories is the category of “true threats.” If a perpetrator’s conduct constitutes a “true …

Greater Of Two Evils: Trial Penalty Or Plea Penalty?, Breanne Potter

Cardozo Journal of Equal Rights & Social Justice

The article critiques the prevalence of plea bargaining in the U.S. criminal justice system, arguing that while it is often seen as a necessary evil for efficiency, it undermines constitutional rights and perpetuates injustice. The author introduces the concept of the "plea penalty," which refers to the significant and often overlooked consequences of accepting a guilty plea, such as the loss of rights and long-term collateral consequences. The article challenges the notion that the trial penalty—harsher sentences for those who go to trial—is the only concern, emphasizing that the plea penalty can be equally detrimental. It advocates for systemic reforms …

Theistic Illiberal Constitutionalism: A Review Of Adrian Vermeule’S Common Good Constitutionalism, Kyron J. Huigens

Articles

Adrian Vermeule’s Common Good Constitutionalism drew a remarkable amount of attention from constitutional law scholars when it was published in 2020. About eighteen months later, Vermeule published a piece complaining that the critics had missed the point, that they had ignored the natural law jurisprudence that grounds the work. He was correct. This Review addresses Vermeule’s natural law jurisprudence, emphasizing the fact that it is a religious natural law jurisprudence. His arguments are in the tradition of ScholasticismAristotelian logic incorporated into Christian theology by St. Thomas Aquinas. Scholasticism is a remarkably weak foundation for constitutional jurisprudence. It is a vast …

واجب التسبيب كعنصر من عناصر الحق في الإدارة الجيدة "دراسة تحليلية في القانون الأمريكي والمقارن"

UAEU Law Journal

This study deals with the subject of the duty to reason as an element of good administration, and it analyzes the American experience in the field of duty to reason as the only model that was able to move the concept of reasoning administrative decisions from the proceduralist perspectives to the Rationalism perspectives. The Rationalism perspectives, in turn, is the focus and goal of good administration, which it is mainly focuses on controlling the exercise of the discretionary authority of administration and giving rationality to administrative action.

The study concluded that the American concept of the duty to reason is …

ماهية الملكة القانونية وتمييزها من غيرها وتقسيماتها

UAEU Law Journal

This study dealt with the legal apprehension, which is a thorny issue, as it is not based on legal rules and stable systematic results. The Legal Apprehension has multiple meanings and objectives for her association with all areas of legal creativity, in terms of legal opinions and proper judicial decisions, and the drafting of legislation that surrounds all legal aspects of community problems.

Given the Apprehension's legal connection to all different aspects of life, we have had to demonstrate its importance in enacting and interpreting legislation in line with the development of societies and the development of life that require …

ضوابط استخدام تقنية النانو في المجال الطبي: دراسة تأصيلية

UAEU Law Journal

The idea of this research is about the Nanotechnology's concept and applications in the Contemporary medical field, with presenting the benefits and the evils of this technology.

The research aimed at clarifying the legal rules of this issue citing evidence the legal evidence, the objectives of the Sharia, and the legitimacy rules.

In this research I've followed the inductive approach to collect the data and the information that is relevant to the topic, As well as the descriptive approach to illustrate the issue from the expert point of view, in addition the analytical approach to break the topic into issues …

الإطار القانوني للمعالجة الإلكترونية للبيانات الشخصية دراسة تحليلية مقارنة 2022

UAEU Law Journal

In order to ensure a high level of legal and technical protection for electronically processed personal data, legislation has established mechanisms to address the dangers resulting from the use of citizens’ personal data, and to legitimately combat the violation of their privacy and freedoms. As well as formulating obligations on the processor, the controller, and the data protection officer, and processing this data as they are among the active elements in the areas of dealing with personal data, whether by collecting, transferring, exchanging, storing, analyzing, or processing in any way.

Obliging institutions, entities and individuals that control and

process personal …

أركان القرار الإداري في عصر الذكاء الاصطناعي

UAEU Law Journal

This research deals with the extent to which the pillars of the administrative decision are available in the legal concept within the artificial intelligence system, through a review of the substantive and formal pillars, and an attempt to adapt them within the technical perception of them, to ensure their validity if those decisions are issued by artificial intelligence systems.

Where the formal pillars (represented in the corner of competence and the corner of form), as well as the substantive pillars (represented in the corner of the shop, the reason, the end) were presented to the general extent with

which it …