Open Access. Powered by Scholars. Published by Universities.®

Public Law and Legal Theory Commons™

Open Access. Powered by Scholars. Published by Universities.®

4,235 Full-Text Articles 3,969 Authors 4,750,945 Downloads 154 Institutions

All Articles in Public Law and Legal Theory

Faceted Search

4,235 full-text articles. Page 19 of 145.

Deadly Choices: Political, Legal, And Moral Understandings Of U.S. Supreme Court Death Penalty Decisions, Anabelle S. Bergstrom 2025 University of Connecticut

Deadly Choices: Political, Legal, And Moral Understandings Of U.S. Supreme Court Death Penalty Decisions, Anabelle S. Bergstrom

University Scholar Projects

This thesis explores the political, legal, and moral factors that influence Supreme Court justices when penning capital punishment decisions. It also examines the evolution of thinking toward the death penalty by former justices John Paul Stevens and Harry Blackmun throughout their tenure on the Court. Cases are analyzed through fact-pattern analysis and the jurisprudential regime theory, which quantitatively build upon existing literature detailing the theoretical background of judicial decision-making through the attitudinal model. An analysis of Justices Blackmun and Stevens’ papers at the Library of Congress focuses on rhetoric that reflects utilitarian and retributive theories of punishment. Findings show that …


Bostock And The Limits Of Textualism: A Doctrinal Structuralist Approach, Martin Katz 2025 University of Denver College of Law

Bostock And The Limits Of Textualism: A Doctrinal Structuralist Approach, Martin Katz

William & Mary Law Review

In Bostock v. Clayton County, the Supreme Court held that Title VII prohibits discrimination based on sexual orientation or gender identity. This result, the majority claimed, was required by the interpretive theory called textualism. But textualist Justices in the dissent vehemently disagreed. This split, and the controversy that has followed it, has had two consequences. First, it added fuel to the ongoing debate about the value of textualism. Second, it opened the door for lower courts to decline to apply Bostock to similar antidiscrimination laws, such as Title IX in education or the Equal Protection Clause.

This Article argues …


Deadly Choices: Political, Legal, And Moral Understandings Of U.S. Supreme Court Death Penalty Decisions, Anabelle S. Bergstrom 2025 University of Connecticut

Deadly Choices: Political, Legal, And Moral Understandings Of U.S. Supreme Court Death Penalty Decisions, Anabelle S. Bergstrom

Honors Scholar Theses

This thesis explores the political, legal, and moral factors that influence Supreme Court justices when penning capital punishment decisions. It also examines the evolution of thinking toward the death penalty by former justices John Paul Stevens and Harry Blackmun throughout their tenure on the Court. Cases are analyzed through fact-pattern analysis and the jurisprudential regime theory, which quantitatively build upon existing literature detailing the theoretical background of judicial decision-making through the attitudinal model. An analysis of Justices Blackmun and Stevens’ papers at the Library of Congress focuses on rhetoric that reflects utilitarian and retributive theories of punishment. Findings show that …


الحماية الجنائية للبيانات الجينومية (دراسة تحليلية مقارنة), ميثاء حارب العميمي 2025 United Arab Emirates University

الحماية الجنائية للبيانات الجينومية (دراسة تحليلية مقارنة), ميثاء حارب العميمي

Theses


Criminal Protection of Genomic Data

This research examines the criminal protection of genomic data through a comparative study between the United Arab Emirates and the United States of America, with the aim of analyzing how each legal system addresses these sensitive data and the associated risks، Genomic data, which relates to individuals' genetic information, is crucial in various fields such as medicine, insurance, and employment, making its protection essential to ensure individuals' privacy and to safeguard them from genetic discrimination or unlawful exploitation.

The UAE legislature is showing an increasing interest in regulating aspects related to genetic data and genomics, …


Filarsky’S Dilemma: Qualified Immunity For Private Actors And Its Potentially Negative Impact On Policing, Timothy Joseph Mondloch 2025 University of Miami Law School

Filarsky’S Dilemma: Qualified Immunity For Private Actors And Its Potentially Negative Impact On Policing, Timothy Joseph Mondloch

University of Miami Race & Social Justice Law Review

No abstract provided.


Dental Board Of California, Isaiah Artis, Katie González 2025 University of San Diego

Dental Board Of California, Isaiah Artis, Katie González

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Ariana Hussing, Katie González 2025 University of San Diego

Board Of Pharmacy, Ariana Hussing, Katie González

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Isiah Artis, Katie González 2025 University of San Diego

Veterinary Medical Board, Isiah Artis, Katie González

California Regulatory Law Reporter

No abstract provided.


Department Of Financial Protection And Innovation, Maya Patel, Marcus Friedman 2025 University of San Diego

Department Of Financial Protection And Innovation, Maya Patel, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Jamie Russo, Marcus Friedman 2025 University of San Diego

State Bar Of California, Jamie Russo, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Masthead, 2025 University of San Diego

Masthead

California Regulatory Law Reporter

No abstract provided.


Public Utilities Commission, Wyatt Page, Selena Sanchez, Steven Soldani, Marcus Friedman, Erol Kilic 2025 University of San Diego

Public Utilities Commission, Wyatt Page, Selena Sanchez, Steven Soldani, Marcus Friedman, Erol Kilic

California Regulatory Law Reporter

No abstract provided.


California Board Of Accountancy, Shun Lam, Erol Kilic 2025 University of San Diego

California Board Of Accountancy, Shun Lam, Erol Kilic

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Byanca Hutchins, Katie González, Erol Kilic 2025 University of San Diego

Medical Board Of California, Byanca Hutchins, Katie González, Erol Kilic

California Regulatory Law Reporter

No abstract provided.


Bureau Of Private Postsecondary Education, Caitlin D. Barón, Katie González 2025 University of San Diego

Bureau Of Private Postsecondary Education, Caitlin D. Barón, Katie González

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, Lisette Cruz, Erol Kilic 2025 University of San Diego

Department Of Insurance, Lisette Cruz, Erol Kilic

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Ariana Hussing, Katie González 2025 University of San Diego

Board Of Registered Nursing, Ariana Hussing, Katie González

California Regulatory Law Reporter

No abstract provided.


Key, 2025 University of San Diego

Key

California Regulatory Law Reporter

No abstract provided.


Department Of Managed Health, Zoe Bulls, Marcus Friedman, Erol Kilic 2025 University of San Diego

Department Of Managed Health, Zoe Bulls, Marcus Friedman, Erol Kilic

California Regulatory Law Reporter

No abstract provided.


Contractors State License Board, Shun Lam, Katie González 2025 University of San Diego

Contractors State License Board, Shun Lam, Katie González

California Regulatory Law Reporter

No abstract provided.


Digital Commons powered by bepress