Is Policy within Law's Limited Domain?

Scholarship

CO-AUTHORS Larry Alexander

PUBLISHER

University of Queensland Law Journal

DATE

2007

Frederick Schauer

Larry Alexander & Frederick Schauer, Is Policy within Law’s Limited Domain?, 26 University of Queensland Law Journal 221-236 (2007).

Bad Faith Prosecution
Ann Woolhandler

Michael G. Collins
In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more... MORE
Transnational Judicial Communication: The European Union
David S. Law
National judicial systems within the European Union (EU) face pressures toward alignment under the policy agendas for judicial cooperation connected... MORE
Enforcement Lawmaking and Judicial Review
Payvand Ahdout
It is—and has long been—well known that the Executive’s power is expanding. To date, there are two dominant analyses of the Judiciary’s role in that... MORE

Reason and Rhetoric in Edwards v. Vannoy
Richard M. Re
Judicial reasoning and rhetoric should be mutually reinforcing, but they often end up at odds. Edwards v. Vannoy offers an unusually rich opportunity... MORE
Transnational Civil Litigation: Principles and Prospects
George Rutherglen
This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes... MORE
Universal Injunctions: Why Not Follow the Rule?
George Rutherglen
Over the last several years, a debate has flared up over universal injunctions—court orders that purport to benefit individuals across the nation,... MORE

Battling to a draw: Defense expert rebuttal can neutralize prosecution fingerprint evidence
Gregory Mitchell
The present study examined whether a defense rebuttal expert can effectively educate jurors on the risk that the prosecution's fingerprint expert... MORE
Vested Rights, “Franchises,” and the Separation of Powers
Caleb E. Nelson
Modern courts and commentators have had trouble distinguishing the kinds of decisions that require “judicial” power from the adjudicative tasks that... MORE
Modeling Law Search as Prediction
Michael A. Livermore
Law search is fundamental to legal reasoning and its articulation is an important challenge and open problem in the ongoing efforts to investigate... MORE

How Many Cases Are Easy?
Joshua Fischman
Because judges are expected to decide cases through the impartial application of existing law, they are often reluctant to admit that they must make... MORE
Precedent as Permission
Richard M. Re
This article provides an account of precedent that does not call upon it to do the one thing that everyone expects: constrain judicial decision-... MORE
An Expert-Sourced Measure of Judicial Ideology
Kevin Cope
We introduce the first ideology measure covering every non-Supreme-Court Article III judge on a single scale. The dataset comprises dynamic, interval... MORE

Hanging Up the Robe
Thomas Frampton
A short essay on Judge Jack B. Weinstein, the violence of sentencing, and judicial robes.
A Choice by Any Other Name: Ad Hoc Substitutes for Choice of Law
George Rutherglen
Contemporary choice of law suffers from indeterminacy at every level: in theory and in practice, in variation between states, and in divergent rules... MORE
Why Do Rule 48(a) Dismissals Require 'Leave of Court'?
Thomas Frampton
The conventional view of Rule 48(a) dismissals distinguishes between two types of motions to dismiss: (1) those where dismissal would benefit the... MORE

Culpability and Negligence
Leslie Kendrick
Intervention
Caleb E. Nelson
Ever since the late 1960s, many lower federal courts have interpreted the Federal Rules of Civil Procedure to give outsiders broad rights to become... MORE