Search results for: "JURISPRUDENCE" (1477 results)
Fletcher, A Unifying Theory of Tribal Civil Jurisdiction, 46 Ariz. St. L.J. 779, 781, 792 (2014) (critiquing the Supreme Court’s jurisprudence limiting
government action must be determined by the distinctive doctrinal tests of First Amendment jurisprudence. First Amendment protection, by contrast
themes of Justice O’Connor’s jurisprudence. Indeed, from my perspective as a constitutional scholar with a particular focus on education law, it is
dimension for student-speech jurisprudence: procedure. How schools punish speech drives the lessons students learn, and the lessons students learn should
analysis could also alter jurisprudence under the Fifth Amendment’s Due Process Clause. 7. By “pure” or “traditional” First Amendment doctrine, I
choice. This Essay examines the rise of originalism and textualism within the Supreme Court’s intellectual-property jurisprudence. Due to its intense
OF LAW 171 (2011). 18. JOHN PHILLIP REID, RULE OF LAW: THE JURISPRUDENCE OF LIBERTY IN THE SEVENTEENTH AND EIGHTEENTH CENTURIES 5, 18 (2004
Advancing an information-cost theory of Federal Circuit jurisprudence, it argues that formalism limits and streamlines judicial engagement with
proportionality” standard, and the development of a forfeiture jurisprudence that would inquire into individual and familial hardship. Financial Hardship and
text—emerged as an important theme in the “new” federalism jurisprudence of the 1990s. In a series of sovereign immunity cases, most prominently Alden