Tag Archives: Jurisprudence

Actual Malice Toward “Actual Malice”? Why One Supreme Court Justice Wants to Roll Back a Half-Century of First Amendment Jurisprudence.

Justice Clarence Thomas stunned court watchers last week when he went out of his way to urge his fellow jurists to reconsider New York Times v. Sullivan, 376 U.S. 254 (1964), a cornerstone of First Amendment jurisprudence for more than … Continue reading

Posted in Intellectual Property | Tagged , , , , , , , , , , , , | Leave a comment

"Justice Scalia's Eighth Amendment Jurisprudence: The Failure of Sake-of-Argument Originalism"

Read more detail on Recent Criminal Law posts –

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

A New Jurisprudence?

Roger Cotterrell, Sociological Jurisprudence: Juristic Thought and Social Inquiry (2018). Sean Coyle This important and impressive new book by Roger Cotterrell represents a new and original perspective on legal theory, building considerably upon the author’s previous, justly celebrated, work. It calls … Continue reading

Posted in Administrative law | Tagged | Leave a comment

Guariglia, Batros, Gallmetzer, & Mugwanya: The Appeals Chamber of the International Criminal Court: Commentary and Digest of Jurisprudence

Fabricio Guariglia (Office of the Prosecutor, International Criminal Court), Ben Batros (formerly, Office of the Prosecutor, International Criminal Court), Reinhold Gallmetzer (Office of the Prosecutor, International Criminal Court), & George Mugwanya (Office of the Prosecutor, International Criminal Court) have published … Continue reading

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

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