Jurisprudence Commons^™

Supreme Court Reform And American Democracy, Ganesh Sitaraman, Daniel Epps

Vanderbilt Law School Faculty Publications

In How to Save the Supreme Court, we identified the legitimacy challenge facing the Court, traced it to a set of structural flaws, and proposed novel reforms. Little more than a year later, the conversation around Supreme Court reform has only grown louder and more urgent. In this Essay, we continue that conversation by engaging with critics of our approach. The current crisis of the Supreme Court is, we argue, inextricable from the question of the Supreme Court’s proper role in our democracy. For those interested in reform, there are three distinct strategies for ensuring the Supreme Court maintains its …

Measuring Semantic Relatedness: A Proposal For A New Textual Tool, Katherine A. Cohen

Vanderbilt Law Review

Judicial decisions, statutes, constitutions, sentencing guidelines, and ERISA-related documents have at least one thing in common: at a molecular level, the laws are all composed of words. The scientific study of linguistics, particularly the field of semantics, analyzes what words mean and how they are connected with each other. And yet, thus far, the legal field has taken little notice of academic and technological breakthroughs in the field of linguistic semantics. This Note seeks to highlight the potential utility of linguistic semantic tools in interpreting legal texts. Specifically, applying algorithms to a free online lexical database allows anyone with a …

Reasoning The Legitimate Discourse And The Impact On Its Interpretation; A Judicial Doctrinal Study, Maher Haswa

UAEU Law Journal

This study deals with the assets of jurisprudence represented in the explanation and interpretation of the legitimate discourse (Alnuss). These are tools to analyze and understand the Qua’an and Suna discourse reaching out to accomplish its meaning.

This study builds and defines the concept of reasoning and the concept of cause after showing the conventions of jurisprudents to the concept of reason. The rationale of this study is Hikmat Almutakalmeen.

This study also shows the concept of Nuss, from its broad perspective, without any restraints; regardless of what it refers to. It also illustrates the difference between explanation and interpretation. …

The Impact Of Lease Financing In The Benefits Of Education In Islamic Jurisprudence., Walid Shawish

UAEU Law Journal

Higher education represents an essential need for society, enabling its comprehensive revival. Furthermore, money forms the foundation upon which people’s worldly lives are based, affirming the meaning of the Quranic verse: “Al Nisaa”:5. In fact, money only becomes worthwhile when it contributes to providing an education to its seekers, especially higher education as it the means of elevating the nation and lead it from darkness to enlightenment.

To achieve the noble goals of financing education and benefit all involved parties - the university, financial institute and the student - appropriate investment modes should exist. The researcher shows that the ijarah …

Engineering The Modern Administrative State: Political Accommodation And Legal Strategy In The New Deal Era, Daniel B. Rodriguez, Barry R. Weingast

BYU Law Review

Administrative constitutionalism in the United States has been characterized by tension and accommodation. The tension reflects the unsettled nature of our constitutional scheme, especially with regard to separation of powers, and also the concern with agency discretion and performance. Still and all, we have accommodated administrative constitutionalism in fundamental ways, through a constitutional jurisprudence that, in the main, accepts broad delegations of regulatory power to the bureaucracy and an administrative law that oversees agency actions under procedural and substantive guidelines. This was not always the case. In this Article , part one of a larger project, we revisit the critical …

Beating The Accused In Islamic Jurisprudence (Comparative Study), Mai’N Abu Baker Al Saud, Maher Haswa

UAEU Law Journal

This research is an attempt to examine the legality of beating the accused - who is indicated by the evidence of the charge, or known of committing such types of these crimes , - in order to reach the truth , only in case of the misleading information or the judge could not know the truth without this procedure. This research has dealt with the subject of study in three sections , with the first devoted to talk about the definition of the term charge and the charge and the kinds and types of defendants in an attempt to limit …

Florida's Harmful Algal Blooms: Tiny Organisms Needing Massive Legislation, Jillian Barnard

Environmental and Earth Law Journal (EELJ)

No abstract provided.

The Rights Of Nature Movement In The United States: Community Organizing, Local Legislation, Court Challenges, Possible Lessons And Pathways, Marsha Moutrie

Environmental and Earth Law Journal (EELJ)

No abstract provided.

The Global Rise Of Judicial Review Since 1945, Steven G. Calabresi

Catholic University Law Review

This article expands upon the theory put forth in Professor Bruce Ackerman’s book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law, in which he posits that twentieth century revolutions in a variety of countries led to the constitutionalization of charisma, thus binding countries to the written constitutions established by their revolutionary leaders.

Constitutional law scholar, Steven G. Calabresi, argues here that world constitutionalism, in fact, existed prior to 1945, and what is especially striking about the post-1945 experience is that the constitutionalism of charisma included not only the adoption of written constitutions, but also the adoption of meaningful …

Contracting With Self Under The Agency's Investment Product: A Comparative And Applied Study Based On The Kuwaiti Law, Ali Ibrahim Al-Rashed

UAEU Law Journal

The investment product, with the right to contract with one’s self, is considered one of many products that spread amongst the Islamic financial institutions. In the past, this subject was a matter of controversy between scholars. Nevertheless contemporary jurists do not contest the legality of the product. The study addresses this issue with in-depth research and details in terms of legitimacy and with what was observed by the Kuwaiti Law. The study consists of the following sections:

Section I: the rule of contracting with self from the sharia perspective.

Section II: the rule of contracting with self from the legal …

Compensation For Material Damage Resulting From Assault On Life In Islamic Jurisprudence (Fiqh) And The Applicable Emirati Law, Mahmoud Majid Al-Kubaissi

UAEU Law Journal

Original damage, namely the damage pertaining to location of damage (injury), such in terms of assault with a weapon leading to death, or amputation of one of his bodily parts (limbs), or wounding him/her, or incapacitates one of his bodily organs (limbs), or causes its disfiguration.

The material subsidiary damage: the damage consequent upon the original damage, such as: sustaining damage from a serious wound, which incapacitates him/her from work throughout the period of treatment.

When the blood money prescribed by the Legislator is not mandatory, and punishment is not necessitated (Qissas in Arabic Language) it may be observed …

The Substantial Age Difference Between The Betrothed:, Dr. Hamza Abdelkarim Hammad

UAEU Law Journal

This Study aims to analyze the matter of the substantial age difference between the nuptials, in an attempt to accomplish two basic goals; namely: elaborate the position of Islamic Fiqh (jurisprudence) on this issue, and analyze the position of the Emirati and Jordanian personal status Laws toward this matter. The present Study adopted the descriptive analytical method including comparison and criticism, and it found that the jurists held two distinct positions; the first deems it necessary to have age compatibility, where one group among them considers it laudable and the other considers it as a condition; and the second one …

Exchange Of Monetary Debts: A Comparative Jurisprudential Study, Ayman Mustafa Al-Dabbagh

UAEU Law Journal

This research aims to answer many questions: what is meant by Exchange of Monetary Debts? What are the Islam jurists’ views in the matter? What are the foundations of these views? What is the right opinion in it from our view according to Islam jurisprudence basis? The research followed inductive, comparative, and analytic approach represented in gathering Islam jurists’ views in the matter and their foundations with analysis, discussion and criticism. The search was divided into four sections; dealing with the aspects of the matter. The research concluded that: It is permissible to exchange monetary debts. It is necessary, in …

Settlement Of Non-Muslim Minorities' Disputes In The Islamic State, Mansour Al-Haidari

UAEU Law Journal

This paper is introduced with a brief introduction on how different legal systems in the past dealt with religious minorities' disputes. Moreover, it shows how different US states were proposing bills and acts to eliminate any religious-based laws or applications. The paper presents how different Islamic schools deal with religious minorities' disputes in the Islamic State. It shows Islamic legal system's tolerance toward minorities in different aspects such as giving their religious leaders a role in solving their disputes according to their religion, and allowing them more freedom in their personal law issues such as marriage, divorce, wills and estates, …

Prospective Jurisprudence The Concept, The Advantages, & Its Legal Instruments, Najmaldeen Al-Zanki

UAEU Law Journal

This study sheds light on "Fiqh Istishraf- Prospective Jurisprudence" in terms of its concept, advantages and foundational tools. It follows a deductive and analytical method to establish its definition, describe its legal outcomes and determine its tools. The study concludes with some important findings. It shows that the term "Fiqh Istishraf'" aims at the grasping of predictable benefits and the preventing of expectable evils. The proper space for it to apply is the scope of public law which dwells on future issues from a general nature. The main advantages of this method could be seen in: providing legal responses for …

The Constitution And Democracy In Troubled Times, John M. Greabe

Law Faculty Scholarship

Does textualism and originalism approach positively impact democracy?

Legitimacy And Impacts Of Specifications And Standards In Preserving Purposes Of Sharia, Ahmed Yassin Al-Qarala, Rahil Mohammed Gharaibeh

UAEU Law Journal

This study aims to release the concept of specifications and standards, portrays sources of its legitimacy from the Koran and the Sunnah, and reviews the importance as well as the reasons for Muslim jurists’ interest and manifestations of this interest. The study concluded that the utilization of specifications and standards is authorized and that one of the duties of the State must be to nurture and grant attention to this concept given the interests protected by these specifications and standards and their impact on the development of production and the progress of societies.

Key words: specifications and standards, legal standards, …

The Perspective Of The Saudi Judiciary On Child Custody, Mufleh Al-Qahtani

UAEU Law Journal

Despite the early attention paid by the Islamic Fiqh (Islamic jurisprudence) to the issue of child custody, but still there is difference among fiqh scholars in regards to its rules, requiring the judiciary to look for the appropriate solutions to deal with new and arising cases in this regards.

As the provisions of the Islamic Sharia is the common law in the country, Saudi judiciary applies the Islamic jurisprudence (the hanbli fiqh in particular) on disputes over child custody in the absence of family law.

This paper aims to know more about the positions of the Saudi judiciary with regard …

The Disdain Of Heavenly Religions Between The Islamic Law And The United Arab Emirates Law, Layla Salem

UAEU Law Journal

The principle of criminalizing the contempt of religions takes a high position among the general principles that prevail in the legal system of any state to guarantee that all individuals in the society can live in harmony and agreement regardless of the differences that may stem from culture, religion or race. In agreement with this trend, the UAE legislator issued Law No. (2) in 2015 for preventing discrimination and hatred which requires the criminalization of acts associated with the contempt of religions and their holy sites and the fight against all forms of discrimination and rejection of hatred speech in …

Human Development Indicators From An Islamic Perspective, Prof. Kamal Tawfiq Hattab

UAEU Law Journal

This study aims to identify and evaluate the international human development indicators, from an Islamic economic perspective, which has been derived from the practices made by the Prophet, peace be upon him, in the field of human development, as well as to examine what is acceptable and what is unacceptable of the international indicators. In order to reach this goal, the research begins with the approach taken by the Prophet, peace be upon him, in the building and formation of the first generation of human resources, and then compare it all with the latest indicators for human development in the …