The Living Rules of Evidence
GA Nunn - U. Pa. L. Rev., 2021 - HeinOnline
The jurisprudential evolution of evidence law is dead. At least, that's what we're expected to
believe. After all, it's been forty-seven years since the common law pedigree of evidence law …
believe. After all, it's been forty-seven years since the common law pedigree of evidence law …
The Rise and Fall of the Self-Regulatory Court
LS Bressman - Tex. L. Rev., 2022 - HeinOnline
The Supreme Court maintains self-regulatory rules that have fluctuated over time, and each
change affects the nature of the Court itself. Many of these rules are well-known: the rule of …
change affects the nature of the Court itself. Many of these rules are well-known: the rule of …
A Theory of Constitutional Norms
A Ahmed - Mich. L. Rev., 2021 - HeinOnline
The political convulsions of the past decade have fueled acute interest in constitutional
norms. Also known as" conventions" or" customs," constitu-tional norms are common and …
norms. Also known as" conventions" or" customs," constitu-tional norms are common and …
Siege Starvation: A War Crime of Societal Torture
T Dannenbaum - Chi. J. Int'l L., 2021 - HeinOnline
A recent amendment to the Rome Statute of the International Criminal Court has drawn
unprecedented attention to the war crime of starvation of civilians as a method of wafare. It …
unprecedented attention to the war crime of starvation of civilians as a method of wafare. It …
Impartial Justice: Restoring Integrity to Impeachment Trials
JD Rattey - Pepp. L. Rev., 2022 - HeinOnline
In recent decades, we have witnessed the diminution of the impeachment process by
various actors especially political parties. But the Founders envisioned a vastly different …
various actors especially political parties. But the Founders envisioned a vastly different …
The Use and Limits of Longstanding Practice in Constitutional Law
SG Livingstone - Md. L. Rev., 2023 - HeinOnline
Supposedly at a time of originalism,'a different kind of history has spread across
constitutional law. In just the last few years, important constitutional decisions from the …
constitutional law. In just the last few years, important constitutional decisions from the …
Political Stare Decisis
O Tamir - Chi. J. Int'l L., 2021 - HeinOnline
The doctrine of stare decisis famousy instructs judges to respect past decisions even if they
believe these decisions are wrong. Many believe stare decisis serves venerable values and …
believe these decisions are wrong. Many believe stare decisis serves venerable values and …
Common Sense or Sensibility: Vaccine Hesitancy, Parens Patriae, and the Common Good
GP Smith II - 2023 - scholarship.law.edu
Contending with national emergencies that develop into transnational catastrophes gives
rise inevitably to concerns raised by libertarians and utilitarians over the extent to which the …
rise inevitably to concerns raised by libertarians and utilitarians over the extent to which the …
Saying What the Law Should Be
FA Hessick - BYU L. Rev., 2022 - HeinOnline
The role of the federal courts is to" say what the law is, not what the law should be." 1 So
said Justice Kavanaugh in 2016. He is hardly the first to say something of this sort. Many …
said Justice Kavanaugh in 2016. He is hardly the first to say something of this sort. Many …