Jurisprudence Commons^™

La Spéculation Boursière Dans Le Droit Et La Littérature Française Du 19Ème Siècle, Hubert De Vauplane

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

المادة ٤٩ من الدستور، وانتخاب حاكم مصرف لبنان لرئاسة الجمهورية, حسان تابت رفعت

Proche-Orient, Études juridiques

No abstract provided.

L'Accord De Taêf Et La Coexistence Au Liban: Contribution À L'Étude De La Notion De Souveraineté, Hoda Hage

Proche-Orient, Études juridiques

No abstract provided.

Procedural Drift: How Judicial Restraint Enables Legalized Backsliding, Dessie Otachliska

Washington and Lee Law Review

This Article introduces Procedural Drift, a new theory of constitutional erosion in which legality itself enables democratic decline. Legal forms remain intact, but their constraining force quietly recedes as procedural doctrines withdraw courts from sites of contestation. Executive power expands not by defying law, but by strategically complying with it—exploiting judicial restraint to evade review.

Building on Bruce Ackerman’s theory of constitutional moments and Kim Lane Scheppele’s concept of autocratic legalism, this Article develops a U.S.-specific account of democratic backsliding that is lawful, gradual, and institutionally embedded. It traces how judicial restraint—operating amid partisan alignment and epistemic fragmentation—erodes legal checks …

What Is To Be Done About The Radical Far-Right?, Bernard E. Harcourt

Faculty Scholarship

The far Right in America has become radical. In the process, it has outmaneuvered the progressives. In the first months of his second mandate, President Trump has mounted a revolution (or counterrevolution) against the liberal democratic state. Steve Bannon said he was Leninist and wanted to “smash the state.” President Trump has done just that. In this essay, I explore the far Right’s embrace of Lenin. I return to the Hegelian roots of Lenin’s politics to explain what he meant by “smashing the state machine.” I then argue that the Left should reclaim Lenin’s dialectics and his call, in the …

Writing – Écriture, Peter Goodrich

Articles

This is the twentieth article in this series (and the fifth in volume 77).

Anchoring’S Absurd Influence On Judging, Jeffrey J. Rachlinski, Andrew J. Wistrich

Arkansas Law Review

Society demands much from its judges. Notably, judges should never be illogical or inconsistent. The heart of what we expect of a judge is to apply the law to the facts in a logical and consistent way. The human mind, however, is not a giant syllogistic machine. People are obviously capable of using deductive logic, but decades of research on judgment and choice indicate that commonly used cognitive strategies to make decisions do not conform to the dictates of deductive logic. People rely on mental shortcuts, rather than logic. These shortcuts can be efficient and useful, but they do not …

Judicial Rhetoric: Writing Persuasive Opinions, Gerald Lebovits

Arkansas Law Review

In 1947, Judge George Rose Smith denounced, in the Arkansas Law Review, the “dearth of material concerning the mechanics of writing a judicial opinion” as a “striking omission in legal literature.” He was right.

The lack of attention given to the judicial opinion-writing process back then was hard to justify. Judges spend much of their time writing decisions. Decisions are important. They determine rights and responsibilities, as well as resolve controversies. Scholars have written about every aspect of judging and legal issue—except one of the most important ones: how to decide a case and justify the decision. Judicial opinions set …

Promoting A Rhetoric Of Judicial Legitimacy In Pro Se Litigation, Alistair E. Newbern

Arkansas Law Review

In recent months, headline after headline has decried twin threats to the federal judiciary: declining public trust in the courts and escalating threats to judges’ personal safety. The public’s opinion of the Supreme Court reached “close to a three decade low” in 2025, while Americans’ confidence in the federal judiciary as a whole “dropped to a record-low 35% in 2024.”

In his 2024 Year End Report on the Federal Judiciary, Chief Justice John Roberts identified a recent uptick in four areas of “illegitimate activity” that “threaten the independence of judges on which the rule of law depends: (1) violence, (2) …

Intellectual Humility By Design: How Courts Earn Legitimacy And Improve Decisions, Steve Leben

Arkansas Law Review

Courts decide disputes as one branch of our government. Their authority depends not only on getting the outcome right but also on public acceptance of their authority. In a time when confidence in institutions is under pressure, courts cannot assume that legitimacy will take care of itself. They must earn it—case by case—through both the substance of what they decide and the way they exercise authority in public view.

A large body of procedural-justice research explains one side of that equation. People are more willing to accept court decisions, even unfavorable ones, when the process communicates voice, neutrality, respect, and …

Foreword, Amanda B. Hurst

Arkansas Law Review

This Symposium, The Art of Judging, delved into the complexity of the judicial craft, discussing the intellectual, practical, and human dimensions of judicial work. The Symposium addressed courtroom management, decision-making, and opinion writing, as well as the impact of evolving technologies on these core judicial functions. Another key focus was the increasing challenges judges face in responding to litigants’ wellness issues, managing their own well-being, and maintaining the judicial persona—both inside and outside the courtroom. Though the Symposium was not born out of the aim of combating the current climate, where misinformation and misunderstanding of the judicial role threaten …

Unfriending The Kids: The Problematic Race To Childproof Social Media, Randolph A. Robinson Ii

Cleveland State Law Review

A growing number of states have recently enacted new laws with the goal of protecting young people from potential harm allegedly caused by social media use. These laws are diverse in their approaches but broadly seek to limit youth access to social media platforms by imposing age verification and parental consent requirements. These laws directly implicate the First Amendment rights of both young users who will no longer be able to access speech or speak on social media platforms as well as adult users who must now submit to age verification to access these quintessential forums for political discourse.

These …

Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy, Swati Singh Parmar

Indonesian Journal of International Law

International law events have been sites of contestation among teachers and scholars of international law and beyond. With each unsettling international event, the international law academe faces new wine in the old bottle questions on international law efficacy based on managerial expectations of international law. Though mostly unfair and disproportionate, these questions–diffused and embodied in teaching and otherwise–weigh heavily on international law’s efficacy and legitimacy during and even beyond the temporality of such events. Before any objective and horizontal assessment of IL through crises, as international law scholars, we must try to ask ourselves a few questions. What makes a …

Le Régime Juridique De La Tacite Reconduction En Droit Libanais, Krystel El Hajj

Proche-Orient, Études juridiques

No abstract provided.

De La Forme Significative Dans Le Discours Juridique : Contribution À La Méthodologie Du Droit, Nada Kfouri Khoury

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Le Contrat De Jeu Et De Pari En Droit Civil, Imad Nahas

Proche-Orient, Études juridiques

No abstract provided.

L'Originalité Du Régime Juridique De L'Exécution Des Actes De Commerce, Georges Naffah

Proche-Orient, Études juridiques

No abstract provided.

The Case For The Exclusion Of Exclusion: Intellectual Property, Masculine Legal Reason, And The Ethics Of Care, Ragya Shoukry

Theses and Dissertations

This thesis argues that current legal ideals of objectivity and neutrality are historically gendered and inseparable from the development of capitalist property relations and imperial expansion. It traces origins that begin with early modern witch hunts and Francis Bacon’s empiricism, where a new “scientific rationality” emerges alongside intensified patriarchal violence. The thesis then examines John Locke’s labour-based justification of property and the figure of the rational individual, showing how this framework legitimizes enclosure, dispossession and colonial appropriation under the guise of improvement and development. Building on this foundation, the analysis turns to moral psychology and how its allegedly universal stage …