Search results for: "JURISPRUDENCE" (1477 results)
Lochner jurisprudence. introduction The constitutional jurisprudence of the Progressive Era Supreme Court con- tains deep tensions. On the one hand, the
are we to make of Justice Sotomayor’s criminal procedure jurisprudence? In this Essay, Professor I. Bennett Capers attempts to answer that question
orientation jurisprudence—Romer v. Evans and Lawrence v. Texas, taken together—stands for the clear proposition that government-backed stigmatization
property jurisprudence. Due to its intense dynamism, intellectual-property law exposes the failures of these methods, which detach law from social
animus. As this Essay explains, recent sexual-orientation jurisprudence—Romer v. Evans15 and Lawrence v. Texas,16 taken together—stands for the clear
being made that the First Amendment is being used to resurrect “economically libertarian substantive due process jurisprudence of the early twentieth
jurisprudence could develop in quite different directions. Any hope of engaging the Court with regard to the premises of this emerging Section 5
significant problem: the failure of post-Leon jurisprudence to reach underlying probable cause issues in exclusionary rule cases. Part I of this Comment
emerging jurisprudence of the Second Amendment as an illustration, this Article explores functional, formal, and purposivist answers. It argues that none
Seventh Amendment jurisprudence, and in particular the Seventh Amendment’s “historical test,” to help them devise a test for the Second. The historical