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7,530 full-text articles. Page 1 of 173.

How To Fix Legal Scholarmush, Adam Kolber 2020 Brooklyn Law School 81818app手机版下载

How To Fix Legal Scholarmush, Adam Kolber

Indiana Law Journal

Legal scholars often fail to distinguish descriptive claims about what the law is from normative claims about what it ought to be. The distinction couldn’t be more important, yet scholars frequently mix it up, leading them to mistake legal authority for moral authority, treat current law as a justification for itself, and generally use rhetorical strategies more appropriate for legal practice than scholarship. As a result, scholars sometimes talk past each other, generating not scholarship but “scholarmush.”

In recent years, legal scholarship has been criticized as too theoretical. When it comes to normative scholarship, however, the criticism is off ...


Special Rules Of Attribution Of Conduct In International Law, Marko Milanovic 2020 University of Nottingham 81818app手机版下载

Special Rules Of Attribution Of Conduct In International Law, Marko Milanovic

International Law Studies

Are there are any special rules of attribution in international law? Are there, in other words, imputational rules that are not recognized as such in general international law, but are specific to particular branches of international law? This is the first article to systematically analyze the notion of special rules of attribution in international law. In particular, it searches for such rules in international humanitarian law, the law on the use of force, and European human rights law.

The article argues that, to the extent special rules of attribution exist, they are rare and never uncontroversial. In most situations putative ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law 81818app手机版下载

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载Table of Contents


How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman 2020 University of Pennsylvania Carey Law School

How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman

Faculty Scholarship at Penn Law

This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.

81818app手机版下载This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting ...


Wire(Less) Tapping: Protecting Arkansans' Fourth Amendment Right In The Era Of The Cloud, Erin James 2020 University of Arkansas, Fayetteville

Wire(Less) Tapping: Protecting Arkansans' Fourth Amendment Right In The Era Of The Cloud, Erin James

Arkansas Law Review

81818app手机版下载Every day we surround ourselves with dozens of devices that monitor our every move, every request, all connecting with one another and sending massive amounts of data back to the device manufacturers. The idea of the prosecution placing the little black cylinder of your Amazon Alexa on the witness stand and asking Alexa to testify against you seems like something pulled from an Orwellian nightmare. But, in reality, it is already occurring.


The Need For A Historical Exception To Grand Jury Secrecy In The Federal Rules Of Criminal Procedure, Daniel Aronsohn 2020 Loyola Marymount University and Loyola Law School 81818app手机版下载

The Need For A Historical Exception To Grand Jury Secrecy In The Federal Rules Of Criminal Procedure, Daniel Aronsohn

Loyola of Los Angeles Law Review

No abstract provided.


A History Of The Law Of Assisted Dying In The United States, Alan Meisel 2020 University of Pittsburgh 81818app手机版下载

A History Of The Law Of Assisted Dying In The United States, Alan Meisel

SMU Law Review

81818app手机版下载No abstract provided.


Dissent, Disagreement And Doctrinal Disarray: Free Expression And The Roberts Court In 2020, Clay Calvert 2020 William & Mary Law School 81818app手机版下载

Dissent, Disagreement And Doctrinal Disarray: Free Expression And The Roberts Court In 2020, Clay Calvert

William & Mary Bill of Rights Journal

Using the United States Supreme Court’s 2019 rulings in Manhattan Community Access Corp. v. Halleck, Nieves v. Bartlett, and Iancu v. Brunetti as analytical springboards, this Article explores multiple fractures among the Justices affecting the First Amendment freedoms of speech and press. All three cases involved dissents, with two cases each spawning five opinions. The clefts compound problems witnessed in 2018 with a pair of five-to-four decisions in National Institute of Family and Life Advocates v. Becerra and Janus v. American Federation of State, County, and Municipal Employees. Partisan divides, the Article argues, are only one problem with First ...


Jewish Law Perspectives On Judicial Settlement Practice, Shlomo Pill 2020 Pepperdine University

Jewish Law Perspectives On Judicial Settlement Practice, Shlomo Pill

Pepperdine Dispute Resolution Law Journal

81818app手机版下载The classic adjudicatory paradigm of opposing attorneys facing off at trial before a judge and jury in order to receive a favorable judgment is an image long past. Increased litigation volume, and the added time and expense of modern litigation has resulted in a rich practice of judges working to broker settlements between litigants in lieu of formal adjudication. Judicial settlement is the subject of much debate, however, and the diverse range of judicial practice in this area reflects the institutional, ethical, and jurisprudential uncertainties we still have regarding the propriety of judges facilitating settlements. This paper offers a new ...


The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker 2020 University of Louisville School of Law

The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker

Indiana Law Journal

81818app手机版下载In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch

stack of paper. But in the same year, federal administrative agencies promulgate

80,000 pages of regulations—which makes an eleven-foot paper pillar. This move

81818app手机版下载toward electorally unaccountable administrators deciding federal policy began in

1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than

81818app手机版下载elected representatives, unelected bureaucrats increasingly make the vast majority

81818app手机版下载of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three

81818app手机版下载areas: delegation, deference, and independence.

This trend is about to be ...


(What We Talk About When We Talk About) Judicial Temperament, Terry A. Maroney 2020 Vanderbilt University 81818app手机版下载

(What We Talk About When We Talk About) Judicial Temperament, Terry A. Maroney

Boston College Law Review

81818app手机版下载Judicial temperament is simultaneously the thing we think all judges must have and the thing that no one can quite put a finger on. Extant accounts are scattered and thin, and either present a laundry list of desirable judicial qualities without articulating what (if anything) unifies the list or treat temperament as a fundamentally mysterious quality that a judge either does or does not have. Resting so much—selection, evaluation, discipline, even removal—on such an indeterminate concept is intellectually and practically intolerable. Polarized debates over Justice Kavanaugh’s fitness to sit on the Supreme Court made clear just how ...


Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin 2020 Brooklyn Law School

Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin

Brooklyn Law Review

Personal jurisdiction is a threshold requirement for any civil court’s constitutional exercise of adjudicative authority over a defendant, and one of civil procedure’s most fundamental concepts. The Supreme Court is acutely aware of difficulties facing personal jurisdiction doctrine in an evolving world and the need for jurisprudential solutions to those problems. But recent inconsistent trends in Supreme Court personal jurisdiction jurisprudence have served to further complicate the doctrine. Such overcomplication often leads to unpredictability, which both increases expenses for litigants and creates additional work for the already overburdened federal civil docket. This problem is exacerbated when litigation arises ...


Protecting The Social Utility Of Appraisal Arbitrage: A Case For Amending Delaware Law To Strengthen The Appraisal Remedy After Dell, Thomas J. Meriam 2020 Brooklyn Law School

Protecting The Social Utility Of Appraisal Arbitrage: A Case For Amending Delaware Law To Strengthen The Appraisal Remedy After Dell, Thomas J. Meriam

Brooklyn Law Review

The landscape of M&A litigation in Delaware has undergone a substantial transformation within the last decade. Almost every transaction involving the acquisition of a publicly traded company has attracted stockholder litigation. This note considers Delaware’s attempt to strike the right balance between deterring frivolous litigation and ensuring adequate stockholder protections. In particular, this note considers the social utility of Delaware’s appraisal remedy and the practice of “appraisal arbitrage.” This note puts forth reasons as to why a healthy market of appraisal arbitrage benefits all stockholders: a meaningful threat of appraisal litigation encourages better sales practices in the ...


A Literature Review On Islamic Estate Planning From Year 2014 To 2019, Muhammad Muiʻzz Abdullah, Naimah Mohamad Nasir, Nasrul Hisyam Nor Muhamad, Muhammad Ridhwan Ab. Aziz, Abdul Bari Awang, Mek Wok Mahmud 2020 International Islamic University - Malaysia

A Literature Review On Islamic Estate Planning From Year 2014 To 2019, Muhammad MuiʻZz Abdullah, Naimah Mohamad Nasir, Nasrul Hisyam Nor Muhamad, Muhammad Ridhwan Ab. Aziz, Abdul Bari Awang, Mek Wok Mahmud

Library Philosophy and Practice (e-journal)

A systematic property planning is one of the most important processes to ensure that the accumulated property over a person's lifetime can be fully utilized for goodness especially by their heirs. However, there are many problems of neglection and postponement in islamic estate distribution among the heirs nowadays, which result in difficulties in the management process. In fact, because of the unfamiliarity of the property distribution process among the heirs has caused them to ignore existing solutions. Therefore, this article aims to study the factors leading to delays in islamic estate administration and to highlight solutions to the arising ...


The Constitution Is Dead, Long Live The Constitution! The Creation, Endurance, And Modification Of Modern Revolutionary Constitutions, Jorge M. Farinacci-Fernós 2020 Barry University School of Law 81818app手机版下载

The Constitution Is Dead, Long Live The Constitution! The Creation, Endurance, And Modification Of Modern Revolutionary Constitutions, Jorge M. Farinacci-FernóS

Barry Law Review

81818app手机版下载No abstract provided.


An Immigration Defense Lawyer Walked Into A Barr... The Impact Of Trump’S Justice Department On The Defense Of Criminal Immigrants, Michael Vastine 2020 Barry University School of Law 81818app手机版下载

An Immigration Defense Lawyer Walked Into A Barr... The Impact Of Trump’S Justice Department On The Defense Of Criminal Immigrants, Michael Vastine

Barry Law Review

81818app手机版下载No abstract provided.


Sexual Orientation Discrimination And The Opportunity For Florida To Finally Make Amends, Samantha Lambert 2020 Barry University School of Law

Sexual Orientation Discrimination And The Opportunity For Florida To Finally Make Amends, Samantha Lambert

Barry Law Review

No abstract provided.


Mcneighbor? Legal Barriers To A National Food-Sharing Economy, Evelyn Schwalb 2020 Barry University School of Law 81818app手机版下载

Mcneighbor? Legal Barriers To A National Food-Sharing Economy, Evelyn Schwalb

Barry Law Review

81818app手机版下载No abstract provided.


A Shield Becomes A Sword: Defining And Deploying A Constitutional Theory For Communities Of Interest In Political Redistricting, Glenn D. Magpantay 2020 Barry University School of Law

A Shield Becomes A Sword: Defining And Deploying A Constitutional Theory For Communities Of Interest In Political Redistricting, Glenn D. Magpantay

Barry Law Review

No abstract provided.


Commentary: Scientific Evidence - From A "Deferent" To A "Novice" Judge: Comments On Zoppellari's Paper, Marko Novak 2020 New University, European Faculty of Law 81818app手机版下载

Commentary: Scientific Evidence - From A "Deferent" To A "Novice" Judge: Comments On Zoppellari's Paper, Marko Novak

OSSA Conference Archive

No abstract provided.