Search results for: "JURISPRUDENCE" (1477 results)
Extending an approach with origins in the jurisprudence of Justices Louis Brandeis and Felix Frankfurter, Bickel argued that the practical consequences for
demonstrate that Brown v. Board of Education, the crown jewel of American civil rights jurisprudence, arrived in 8. Moreover, protecting racial
cases is biased towards a “result-oriented jurisprudence” advocated by some, but rejected by others and perhaps even by most. Why? Because a
decisions that apply religious princi- ples to secular-law disputes. We argue that the Supreme Court’s entanglement jurisprudence is about ensuring
formal legal equality between the sexes and the races to pro- duce equal treatment in society, feminist jurisprudence and critical race theory developed
of scholarship criticizing the lack of proportionality analysis in the Supreme Court’s Fourth Amendment jurisprudence. Rather than simply bemoan the
regulatory power, existing jurisprudence is insufficient to address its harms. author. Associate Professor of Law, University of Maine School of Law
1904); Annotation, supra note 82 (“Noth- ing is better settled in the common[]law system of jurisprudence than that an action of tres- pass . . . is a
even laudable, choice. It would be brutally inegalitarian and exclusionary if twenty-first-century legislation and jurisprudence were actually tethered