Tag Archives: Jurisprudence

FIFTH CIRCUIT BEGINS TO CLEAN UP ITS JURISPRUDENCE ON HOW TO DETERMINE WHETHER A CONTRACT IS (OR IS NOT) MARITIME

After some thirty years of wrestling with the cumbersome six-part test set forth in Davis & Sons, Inc. v. Gulf Oil Corp.,[1] for determining whether a contract to perform services related to oil & gas exploration on navigable waters is … Continue reading

Posted in Real Estate & Property Law | Tagged , , , , , , , , | Leave a comment

The Risks of Common Ownership on Competition: Emerging Jurisprudence

[Suyash Bhamore is a 3rd Year B.A. LL.B. (Hons.) student, NLIU Bhopal] Background and Context The Competition Commission of India (CCI) in order dated 20 June 2018 in Case No. 25-28 of 2017(Meru Cabs Case) ignited a discourse on antitrust risks … Continue reading

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Can State Supreme Courts Protect Liberal Constitutionalism in the Coming Era of Reactionary SCOTUS Jurisprudence?

With President Trump’s nomination of Judge Brett Kavanaugh to fill the Supreme Court seat that Justice Anthony Kennedy will soon vacate, media attention has now shifted to the coming “battle” over his confirmation. Yet the outcome of that battle is … Continue reading

Posted in Constitutional Law | Tagged , , , , , , , , , | Leave a comment

Kyritsis on Legal Normativity & the Methodology of Jurisprudence

Dimitrios Kyritsis (University of Reading) has posted Is Moralised Jurisprudence Redundant? (K E Himma, M Jovanovic, B Spaic (eds), Unpacking Normativity: Conceptual, Normative, and Descriptive Issues (Hart Publishing 2018) 3-16) on SSRN.  Here is the abstract: In recent years questions about legal … Continue reading

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The Turn to Pluralist Jurisprudence

Nicole Roughan and Andrew Halpin, In Pursuit of Pluralist Jurisprudence (2017). Brian Tamanaha Jurisprudence usually changes gradually and imperceptibly, with large-scale shifts recognizable only with the benefit of hindsight. Seldom does it occur that a single piece signals a dramatic turn … Continue reading

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