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Public Law and Legal Theory Commons

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2018

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Articles 1 - 30 of 120

Full-Text Articles in Public Law and Legal Theory

Some Issues Concerning Sources Of Law, M.A. Ahmedshaeva Dec 2018

Some Issues Concerning Sources Of Law, M.A. Ahmedshaeva

Review of law sciences

The article deals with the issues relating to the forms (sources) of law and their types, the legal nature of the decisions of the highest judicial instances, in particular, on the legal and regulatory, as well as the precedent nature of the Supreme Court judgments. The author in the article analyzes some of the positions that take place in the legal literature on the above-mentioned issue. Although, the author does not exclude the prospect of acquiring the nature of precedent of the decisions of the highest judicial instances of the Republic of Uzbekistan in the future, also provides justifications for ...


Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres Dec 2018

Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres

Journal of Legislation

No abstract provided.


Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, Maliha Ikram Nov 2018

Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, Maliha Ikram

Northwestern Journal of Law & Social Policy

No abstract provided.


The Consensus Myth In Criminal Justice Reform, Benjamin Levin Nov 2018

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Michigan Law Review

It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.

The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame ...


Taxonomy Of Minority Governments, Lisa La Fornara Oct 2018

Taxonomy Of Minority Governments, Lisa La Fornara

Indiana Journal of Constitutional Design

A minority government in its most basic form is a government in which the party holding the most parliamentary seats still has fewer than half the seats in parliament and therefore cannot pass legislation or advance policy without support from unaffiliated parties. Because seats in minority parliaments are more evenly distributed amongst multiple parties, opposition parties have greater opportunity to block legislation. A minority government must therefore negotiate with external parties and adjust its policies to garner the majority of votes required to advance its initiatives.

This paper serves as a taxonomy of minority governments in recent history and proceeds ...


"Beauty Is Truth And Truth Beauty": How Intuitive Insights Shape Legal Reasoning And The Rule Of Law, Stephen M. Maurer Oct 2018

"Beauty Is Truth And Truth Beauty": How Intuitive Insights Shape Legal Reasoning And The Rule Of Law, Stephen M. Maurer

Seattle University Law Review

Scientists have long recognized two distinct forms of human thought. “Type 1” reasoning is unconscious, intuitive, and specializes in finding complex patterns. It is typically associated with the aesthetic emotion that John Keats called “beauty.” “Type 2” reasoning is conscious, articulable, and deductive. Scholars usually assume that legal reasoning is entirely Type 2. However, critics from Holmes to Posner have protested that unconscious and intuitive judgments are at least comparably important. This Article takes the conjecture seriously by asking what science can add to our understanding of how lawyers and judges interpret legal texts. The analysis is overdue. Humanities scholars ...


Speech-And-Display Laws: Balancing Physicians' Free Speech Rights And States' Interests In The Context Of Abortion, Emily Ruppert Oct 2018

Speech-And-Display Laws: Balancing Physicians' Free Speech Rights And States' Interests In The Context Of Abortion, Emily Ruppert

Journal of Law and Policy

“The question is not pro-abortion or anti-abortion, the question is who makes the decision: a woman and her physician, or the government.” – Gloria Steinem


Life Cycle Costing And Food Systems: Concepts, Trends, And Challenges Of Impact Valuation, Katherine Fiedler, Steven Lord, Jason J. Czarnezki Oct 2018

Life Cycle Costing And Food Systems: Concepts, Trends, And Challenges Of Impact Valuation, Katherine Fiedler, Steven Lord, Jason J. Czarnezki

Michigan Journal of Environmental & Administrative Law

Our global food systems create pervasive environmental, social, and health impacts. Impact valuation is an emerging concept that aims to quantify all environmental, social, and health costs of food systems in an attempt to make the true cost of food more transparent. It also is designed to facilitate the transformation of global food systems. The concept of impact valuation is emerging at the same time as, and partly as a response to, calls for the development of legal mechanisms to address environmental, social, and health concerns. Information has long been understood both as a necessary precursor for regulation and as ...


Single Subject Rules And Civil Rights: Using Legislative-Process Restrictions To Facially Challenge Constitutionally Suspect Laws, Annie Melton Oct 2018

Single Subject Rules And Civil Rights: Using Legislative-Process Restrictions To Facially Challenge Constitutionally Suspect Laws, Annie Melton

Journal of Law and Policy

This Note argues that the single subject rule, a procedural restriction, can be used to facially challenge certain insidious laws. By giving courts an opening to review a law in its most elemental form—a deliberated-over means of adequately implementing a new, or remedying an existing, policy—the single subject rule tests it for characteristics like clarity, practicality, and predictability. The rule is rarely litigated in many states, but doing so draws attention to a fundamental philosophy of the legislative process, which is especially compelling in light of the ideological battles that are dominating statehouses across the country and giving ...


State Action And The Constitution's Middle Band, Louis Michael Seidman Oct 2018

State Action And The Constitution's Middle Band, Louis Michael Seidman

Michigan Law Review

On conventional accounts, the state action doctrine is dichotomous. When the government acts, constitutional limits take hold and the government action is invalid if those limits are exceeded. When the government fails to act, the state action doctrine leaves decisions to individuals, who are permitted to violate what would otherwise be constitutional constraints.

It turns out though that the modern state action doctrine creates three rather than two domains. There is indeed a private, inner band where there is thought to be insufficient government action to trigger constitutional constraints, but often there is also a public, outer band where there ...


The Ideas Of Establishing Fair Society In The Political Views Of Oriental Scholars And Contemporary Practices, F. Muhitdinova Sep 2018

The Ideas Of Establishing Fair Society In The Political Views Of Oriental Scholars And Contemporary Practices, F. Muhitdinova

Review of law sciences

the article considers the materials of the study of political and legal teachings of such Eastern thinkers as Abu Nasr Farabi, Abu Raykhan Biruni, Abu Ali Ibn Sina, particularly the inferences and offers essential in studying a history of political and legal theory of Uzbekistan, the issues of today concerning the public administration and the right. Also actuality and values of ideas of scientists of the East in improving the bases of constituting the constitutional state and formation of democratic society.


The Issues Of Cooperation Within Family, Makhalla And Public Organizations In The Formation Of Legal Consciousness, M. Najimov Sep 2018

The Issues Of Cooperation Within Family, Makhalla And Public Organizations In The Formation Of Legal Consciousness, M. Najimov

Review of law sciences

In the article, the issues of cooperation of family, neighborhood and other public organizations in the formation of legal mind and legal culture are analyzed. Suggestions and recommendations possessing practical value to further development to improve the activity of civil institutions to upgrade legal mind and legal culture are stated.


Interpretation Of Legal Norms As An Essential Factor Of Correct Law Enforcement, S. Sultanova Sep 2018

Interpretation Of Legal Norms As An Essential Factor Of Correct Law Enforcement, S. Sultanova

Review of law sciences

The article analyzes the role of interpretation of law in the process of law enforcement activity, the need for interpretation of law, theoretical methods and types of interpretation. Proceeding from the legal practice, an informal professional interpretation of the law is presented on the example of the interpretation of the norm of the current normative legal act.


The Ideas Of Establishing Fair Society In The Political Views Of Oriental Scholars And Contemporary Practices, F. Muhitdinova Sep 2018

The Ideas Of Establishing Fair Society In The Political Views Of Oriental Scholars And Contemporary Practices, F. Muhitdinova

Review of law sciences

the article considers the materials of the study of political and legal teachings of such Eastern thinkers as Abu Nasr Farabi, Abu Raykhan Biruni, Abu Ali Ibn Sina, particularly the inferences and offers essential in studying a history of political and legal theory of Uzbekistan, the issues of today concerning the public administration and the right. Also actuality and values of ideas of scientists of the East in improving the bases of constituting the constitutional state and formation of democratic society.


The Issues Of Cooperation Within Family, Makhalla And Public Organizations In The Formation Of Legal Consciousness, M. Najimov Sep 2018

The Issues Of Cooperation Within Family, Makhalla And Public Organizations In The Formation Of Legal Consciousness, M. Najimov

Review of law sciences

In the article, the issues of cooperation of family, neighborhood and other public organizations in the formation of legal mind and legal culture are analyzed. Suggestions and recommendations possessing practical value to further development to improve the activity of civil institutions to upgrade legal mind and legal culture are stated.


Interpretation Of Legal Norms As An Essential Factor Of Correct Law Enforcement, S. Sultanova Sep 2018

Interpretation Of Legal Norms As An Essential Factor Of Correct Law Enforcement, S. Sultanova

Review of law sciences

The article analyzes the role of interpretation of law in the process of law enforcement activity, the need for interpretation of law, theoretical methods and types of interpretation. Proceeding from the legal practice, an informal professional interpretation of the law is presented on the example of the interpretation of the norm of the current normative legal act.


Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins Sep 2018

Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins

West Virginia Law Review

No abstract provided.


Medical Board Of California, Kayla Watson, J. D. Fellmeth Aug 2018

Medical Board Of California, Kayla Watson, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme Aug 2018

Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme Aug 2018

Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme Aug 2018

State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth Aug 2018

Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme Aug 2018

Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth Aug 2018

California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, J. D. Fellmeth Aug 2018

Department Of Insurance, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Punitive Preemption And The First Amendment, Rachel Proctor May Aug 2018

Punitive Preemption And The First Amendment, Rachel Proctor May

San Diego Law Review

In recent years, state legislators have begun passing a new breed of “punitive” preemption laws–those that impose fines, civil and criminal sanctions, and other sanctions on local governments and their officials as a consequence of passing laws or enacting policies that are inconsistent with state laws. This represents a significant change from traditional preemption, under which a local government could enact laws based on its view of preempting state statutes and applicable state constitutional provisions and, if necessary, defend its interpretation in court. When punitive preemption prevents a local lawmaking process from taking place, the state forecloses a unique ...


The Legal Foundations Of White Supremacy, Erika Wilson Aug 2018

The Legal Foundations Of White Supremacy, Erika Wilson

DePaul Journal for Social Justice

No abstract provided.


Hidden In Plain View: Juries And The Implicit Credibility Given To Police Testimony, Jonathan M. Warren Aug 2018

Hidden In Plain View: Juries And The Implicit Credibility Given To Police Testimony, Jonathan M. Warren

DePaul Journal for Social Justice

No abstract provided.


Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness, Neda Shaheen Aug 2018

Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness, Neda Shaheen

DePaul Journal for Social Justice

No abstract provided.


Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Eugenio Mantovani, Dr. Benny Spanier, Prof. Israel (Issi) Doron Aug 2018

Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Eugenio Mantovani, Dr. Benny Spanier, Prof. Israel (Issi) Doron

DePaul Journal for Social Justice

No abstract provided.