Conservative Eras In Supreme Court Decision-Making: Employment Division V. Smith, Judicial Restraint, And Neoconservatism,
2011
University of Wyoming
Conservative Eras In Supreme Court Decision-Making: Employment Division V. Smith, Judicial Restraint, And Neoconservatism, Stephen M. Feldman
Cardozo Law Review
No abstract provided.
Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse,
2011
Benjamin N. Cardozo School of Law
Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse, Marci A. Hamilton
Cardozo Law Review
No abstract provided.
Explanation In Legal Scholarship: The Inferential Structure Of Doctrinal Analysis,
2011
Cornell Law School
Explanation In Legal Scholarship: The Inferential Structure Of Doctrinal Analysis, W. Bradley Wendel
Cornell Law Faculty Publications
This paper aims to understand the logic that underlies a familiar type of legal scholarship, in which the author purports to explain or render intelligible some legal doctrine or area of law in terms of an end or rationale. Loosely speaking, the argument is that some doctrine is "all about" some end. This form of argument is familiar but undertheorized, so this paper draws from the philosophy of science, particularly the notion of inference to the best explanation (IBE), to clarify the underlying rhetorical strategy of doctrinal legal scholarship. One way of making IBE arguments with reference to legal doctrine …
Employment Division V. Smith: "The Sky That Didn't Fall",
2011
University of Oregon
Employment Division V. Smith: "The Sky That Didn't Fall", David B. Frohnmayer
Cardozo Law Review
No abstract provided.
A Uniform Test For The Equitable Subrogation Of Mortgages,
2011
Benjamin N. Cardozo School of Law
A Uniform Test For The Equitable Subrogation Of Mortgages, Sang Jun Yoo
Cardozo Law Review
No abstract provided.
Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement,
2011
Liberty University
Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Review Of Compact, Contract, Covenant: Aboriginal Treaty Making In Canada. By J.R. Miller.,
2011
City University of New York
Review Of Compact, Contract, Covenant: Aboriginal Treaty Making In Canada. By J.R. Miller., Sidney L. Harring
Great Plains Research: A Journal of Natural and Social Sciences (through 2013)
In Canada, the term First Nations explicitly recognizes a nation-to-nation relationship between the Crown and the original inhabitants of North America that requires treaty making as the primary political and legal process for the taking of Indian lands and the incorporation of Indian nations into the multinational Canadian state. There are great political difficulties embodied in this process, including the continued impoverishment and marginalization of the First Nations, and the repeated failure of successive Canadian governments to carry out their responsibilities under these treaties, but the treaty process remains the required process. J.R. Miller, perhaps Canada's leading scholar of Aboriginal …
When Is Finality . . . Final? Rehearing And Resurrection In The Supreme Court,
2011
University of Arkansas Little Rock
When Is Finality . . . Final? Rehearing And Resurrection In The Supreme Court, Aaron-Andrew P. Bruhl
The Journal of Appellate Practice and Process
No abstract provided.
The Finality Of Appeal,
2011
University of Arkansas Little Rock
The Finality Of Appeal, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
Abandoning Law Reports For Official Digital Case Law,
2011
University of Arkansas Little Rock
Abandoning Law Reports For Official Digital Case Law, Peter W. Martin
The Journal of Appellate Practice and Process
No abstract provided.
"A Watchdog For The Good Of The Order": The Ninth Circuit's En Banc Coordinator,
2011
University of Arkansas Little Rock
"A Watchdog For The Good Of The Order": The Ninth Circuit's En Banc Coordinator, Stephen L. Wasby
The Journal of Appellate Practice and Process
No abstract provided.
Sacrificing The Child To Convict The Defendant: Secondary Traumatization Of Child Witnesses By Prosecutors, Their Inherent Conflict Of Interest, And The Need For Child Witness Counsel,
2011
Yeshiva University, Cardozo School of Law
Sacrificing The Child To Convict The Defendant: Secondary Traumatization Of Child Witnesses By Prosecutors, Their Inherent Conflict Of Interest, And The Need For Child Witness Counsel, Tanya Asim Cooper
Cardozo Public Law, Policy & Ethics Journal
The article argues that the criminal justice system often fails to protect child witnesses, causing them further trauma and harm. It contends that current legal protections, such as accommodations for testimony, are insufficiently enforced and that child witnesses need independent legal representation to safeguard their interests. The author advocates for systemic reforms to prioritize the well-being of child witnesses and ensure their voices are heard in court without compromising their mental health.
War, Politics, Law - And Love: Italy 1943-1946,
2011
University of Michigan Law School
War, Politics, Law - And Love: Italy 1943-1946, Eric Stein
Michigan Journal of International Law
In this piece I tell my story from four perspectives, ranging from the "highest"-institutional-to the "lowest"-personal. From the first perspective I offer a glimpse of the Allied military command structure during the Italian phase of World War II. From the second perspective, I focus in some detail on Allied military bodies established under the international law of occupation of enemy territory: the Allied Control Commission for Italy (ACC)-later the Allied Commission for Italy (AC)-headquarters of the Allied Military Government (AMG) and a point of communication with the King after the Italian surrender. Italy became a "co-belligerent" of the Allies and …
Assessing The State Of The State Constitutionalism,
2011
Florida State University College of Law
Assessing The State Of The State Constitutionalism, Jim Rossi
Michigan Law Review
Robert Williams's The Law of American State Constitutions is an impressive career accomplishment for one of the leading academic lawyers writing on state constitutions. Given the need for a comprehensive, treatise-like treatment of state constitutions that transcends individual jurisdictions, Williams's book will almost certainly become the go-to treatise for the next generation of state constitutional law practitioners and scholars. The U.S. Constitution has a grip on how the American legal mind approaches issues in American constitutionalism, but an important recurring theme in Williams's work (as well as that of others) is how state constitutions present unique interpretive challenges. More than …
A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom,
2011
Georgetown University Law Center
A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione
Georgetown Law Faculty Publications and Other Works
The theory and practice of law have been separated in legal education to their detriment since the turn of the twentieth century. As history teaches us and even the 2007 Carnegie Report perhaps suggests, teaching practice without theory is as inadequate as teaching theory without practice. Just as law students should learn how to draft a simple contract from taking Contracts, they should learn the theory of persuasion from taking a legal writing course. In an economy where law apprenticeship has reverted from employer to educator, legal writing courses should do more than teach analysis, conventional documents, and the social …
The Real Formalists, The Real Realists, And What They Tell Us About Judicial Decision And Legal Education,
2011
Vanderbilt University
The Real Formalists, The Real Realists, And What They Tell Us About Judicial Decision And Legal Education, Edward Rubin
Michigan Law Review
The periodization of history, like chocolate cake, can have some bad effects on us, but it is hard to resist. We realize, of course, that Julius Caesar didn’t think of himself as “Classical” and Richard the Lionhearted didn’t regard the time in which he lived as the Middle Ages. Placing historical figures in subsequently defined periods separates us from them and impairs our ability to understand them on their own terms. But it is difficult to understand anything about them at all if we try to envision history as continuous and undifferentiated. We need periodization to organize events that are …
But How Will The People Know? Public Opinion As A Meager Influence In Shaping Contemporary Supreme Court Decision Making,
2011
SCOTUSblog
But How Will The People Know? Public Opinion As A Meager Influence In Shaping Contemporary Supreme Court Decision Making, Tom Goldstein, Amy Howe
Michigan Law Review
Chief Justice John Roberts famously described the ideal Supreme Court Justice as analogous to a baseball umpire, who simply "applies" the rules, rather than making them. Roberts promised to "remember that it's my job to call balls and strikes and not to pitch or bat." At her own recent confirmation hearings, Elena Kagan demurred, opining that Roberts's metaphor might erroneously suggest that "everything is clear-cut, and that there's no judgment in the process." Based on his 2009 book, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution, Barry Friedman …
Framing The Fourth,
2011
Boston University School of Law
Framing The Fourth, Tracey Maclin, Julia Mirabella
Michigan Law Review
Our knowledge of the Fourth Amendment's history was fundamentally transformed when William Cuddihy completed his Ph.D. dissertation in 1990. Cuddihy's study was the most comprehensive and detailed examination of the history of search and seizure law and essential reading for anyone interested in the amendment's history. At first, Cuddihy's work was little known: only a few people noticed when the highly regarded constitutional historian Leonard W. Levy stated that "Cuddihy is the best authority on the origins of the Fourth Amendment." Cuddihy finished his dissertation in 1990 and it remained unedited, unpublished, and largely unknown for several years-until Justice O'Connor …
Review Of A Final Accounting, Holocaust Survivors And Swiss Banks,
2011
University of Baltimore School of Law
Review Of A Final Accounting, Holocaust Survivors And Swiss Banks, Adeen Postar
All Faculty Scholarship
No abstract provided.
Forgetting Oblivion: The Demise Of The Legislative Pardon,
2011
Cornell Law School
Forgetting Oblivion: The Demise Of The Legislative Pardon, Bernadette A. Meyler
Cornell Law Faculty Working Papers
Since the post-Civil War cases arising out of conflicts over the proper location of the amnesty power, it has generally been thought that pardon and amnesty are synonymous and that the capacity to effect both is vested in the President under Article II. The history of the English version of amnesty—oblivion—within the seventeenth and eighteenth centuries and the colonial and state oblivions that were legislatively enacted from 1650 through the period of the Second Continental Congress suggest otherwise. Oblivion was distinct from pardoning because it erased the underlying events rather than remitting punishment and often arose as a response to …
