[图书][B] Legal pluralism explained: History, theory, consequences
BZ Tamanaha - 2021 - books.google.com
" Throughout the medieval period law was seen as the product of social groups and
associations that formed legal orders, as Max Weber elaborates," either constituted in its …
associations that formed legal orders, as Max Weber elaborates," either constituted in its …
Procedural Retrenchment and the States
ZD Clopton - California Law Review, 2018 - JSTOR
Although not always headline grabbing, the Roberts Court has been highly interested in civil
procedure. According to critics, the Court has undercut access to justice and private …
procedure. According to critics, the Court has undercut access to justice and private …
State constitutional rights and democratic proportionality
J Bulman-Pozen, M Seifter - Columbia Law Review, 2023 - JSTOR
State constitutional law is in the spotlight. As federal courts retrench on abortion, democracy,
and more, state constitutions are defining rights across the nation. Despite intermittent calls …
and more, state constitutions are defining rights across the nation. Despite intermittent calls …
Lower Court Originalism
RC Williams - Harv. JL & Pub. Pol'y, 2022 - HeinOnline
"[W] e are all originalists" now. 1 Or so we've been told-repeat-edly. 2 But despite such
assurances," originalism" remains one of the most controversial and polarizing terms in …
assurances," originalism" remains one of the most controversial and polarizing terms in …
Submerged Precedent
EY McCuskey - Nev. LJ, 2015 - HeinOnline
The American civil justice system serves both individual and social interests by adjudicating
disputes and establishing a system for resolving conflicts under law. Court decisions-the …
disputes and establishing a system for resolving conflicts under law. Court decisions-the …
The Process of Marriage Equality
J Blackman, HM Wasserman - Hastings Const. LQ, 2015 - HeinOnline
Hodges2 produced3 an inconceivable sea change in substantive constitutional law. But just
as important as the right to marry was the process through which that right was vindicated …
as important as the right to marry was the process through which that right was vindicated …
The False Promise of Jurisdiction Stripping
D Epps, AM Trammell - Columbia Law Review, 2023 - JSTOR
Jurisdiction stripping is seen as a nuclear option. Its logic is simple: By depriving federal
courts of jurisdiction over some set of cases, Congress ensures those courts cannot render …
courts of jurisdiction over some set of cases, Congress ensures those courts cannot render …
Vertical Stare Decisis and Three-Judge District Courts
MT Morley - Geo. LJ, 2019 - HeinOnline
Throughout much of the twentieth century, when a plaintiff asked a federal trial court to
enjoin an allegedly unconstitutional federal or state law, the case was heard by a panel of …
enjoin an allegedly unconstitutional federal or state law, the case was heard by a panel of …
The Internet Immunity Escape Hatch
GM Dickenson - BYU L. Rev., 2021 - HeinOnline
Congress is drowning in internet reform proposals. The technologies that have transformed
nearly every facet of human activity-from how we work, shop, and eat, to how we debate …
nearly every facet of human activity-from how we work, shop, and eat, to how we debate …
Digital evidence in criminal cases before the US courts of appeal: Trends and issues for consideration
M Novak - Journal of Digital Forensics, Security and Law, 2020 - commons.erau.edu
Though the use of computer forensics in criminal investigations has expanded in recent
years, there is little empirical evidence about the prevalence of the use of digital evidence in …
years, there is little empirical evidence about the prevalence of the use of digital evidence in …