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Articles 31 - 60 of 93
Full-Text Articles in Law
Control Mechanisms In International Dispute Resolution, W. Michael Reisman
Control Mechanisms In International Dispute Resolution, W. Michael Reisman
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Concluding Remarks, Leo M. Romero
Concluding Remarks, Leo M. Romero
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Comentarios Sobre El Regimen Legal De Los Contratos Garantizados Con Bienes En Los Estados Unidos De America (Para Abogados Mexicanos): Articulo 9 Del Uniform Commercial Code, Frederick M. Hart
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Secured Financing Of Personal Property In Mexico: A Panel Discussion, John E. Rogers, Agustin Berdeja-Prieto, James Mayor, Michael Owen
Secured Financing Of Personal Property In Mexico: A Panel Discussion, John E. Rogers, Agustin Berdeja-Prieto, James Mayor, Michael Owen
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Secured Financing Of Real Property In Mexico: A Panel Discussion, John E. Rogers, David Hurtado Badiola, William M. Kahane, Duane H. Zobrist
Secured Financing Of Real Property In Mexico: A Panel Discussion, John E. Rogers, David Hurtado Badiola, William M. Kahane, Duane H. Zobrist
United States - Mexico Law Journal (1993-2005)
No abstract provided.
West On Story And Theory, Lewis H. Larue
Summary Of Recent Legislative And Administrative Developments In Mexico, David Hurtado Badiola
Summary Of Recent Legislative And Administrative Developments In Mexico, David Hurtado Badiola
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Domination, Justice And The Cult Of Violence, Stephen P. Wink
Domination, Justice And The Cult Of Violence, Stephen P. Wink
Stephen P Wink
No abstract provided.
On War And Justice, Jeffrey C. Tuomala
Values, Pierre Schlag
The New Legal Hermeneutics, Francis J. Mootz, Iii
The New Legal Hermeneutics, Francis J. Mootz, Iii
Vanderbilt Law Review
Incorporating the Continental philosophical tradition of hermeneutics into legal scholarship appears to be a project relevant only to a few jurisprudes locked away in the uppermost reaches of the ivory tower. Many scholars undoubtedly would argue that the tradition and focus of twentieth-century German philosophy is far removed from the troubling interpretive issues that arise in the American legal system, regardless of any interesting parallels or comparisons that might be drawn., From this perspective, the renewed attention to hermeneutical philosophy by legal scholars is viewed as just one of an increasing number of esoteric, intellectual cul-de-sacs that have diverged from …
Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson
Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson
Faculty Scholarship
This Article explores the constitutional aspects of Minnesota privacy law. Part II briefly explains federal privacy law to provide a baseline for consideration of privacy law in Minnesota. Part III examines the right of privacy as it has evolved in the Minnesota common law. Part IV evaluates the Minnesota Supreme Court's application of federal privacy standards and then examines the court's decisions that outline the right of privacy under the Minnesota Constitution. Part V concludes by raising questions concerning the potential application of the court's concept of privacy under the Minnesota Constitution as applied to two areas: same-sex marriages and …
Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker
Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker
UIC Law Review
No abstract provided.
The Irish Abortion Debate: Substantive Rights And Affecting Commerce Jurisprudential Models, Anne M. Hilbert
The Irish Abortion Debate: Substantive Rights And Affecting Commerce Jurisprudential Models, Anne M. Hilbert
Vanderbilt Journal of Transnational Law
This Note examines the balance of power between the European Community and its Member States through the window of the Irish abortion debate. The framework for that debate has been shaped largely by two judicial bodies: the Irish judiciary and the European Court of Justice (ECJ), the judicial arm of the European Community. The Irish judiciary has approached the abortion question through an analysis of the content of substantive individual rights protected by the Irish Constitution. The ECJ, on the other hand, has addressed abortion from the standpoint of the European Community's goal of uninhibited commerce between Member States. These …
Straightening The "Timber": Toward A New Paradigm Of International Law, Louis R. Beres
Straightening The "Timber": Toward A New Paradigm Of International Law, Louis R. Beres
Vanderbilt Journal of Transnational Law
Immanuel Kant once remarked: " Out of timber so crooked as that from which man is made, nothing entirely straight can be built." Understood in terms of international law, this philosopher's wisdom points toward a far-reaching departure from traditional emphases on structures of global power and authority. Newly aware that structural alterations of international law are always epiphenomenal, ignoring root causes of international crimes in favor of their symptomatic expressions, we could craft from this departure a new and promising jurisprudence. Acknowledging that human transformations must lie at the heart of all world-order reform, we could build upon the knowledge …
In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell
In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell
UIC Law Review
No abstract provided.
Defamation By Will: Theories And Liabilities, 27 J. Marshall L. Rev. 749 (1994), Paul T. Whitcombe
Defamation By Will: Theories And Liabilities, 27 J. Marshall L. Rev. 749 (1994), Paul T. Whitcombe
UIC Law Review
No abstract provided.
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Touro Law Review
No abstract provided.
The Buffalo River: Jurisprudence Of Preservation, John W. Ragsdale Jr
The Buffalo River: Jurisprudence Of Preservation, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Articles
No abstract provided.
Absurdity And The Limits Of Literalism: Defining The Absurd Result Principle In Statutory Interpretation, Veronica Dougherty
Absurdity And The Limits Of Literalism: Defining The Absurd Result Principle In Statutory Interpretation, Veronica Dougherty
Law Faculty Articles and Essays
The absurd result principle in statutory interpretation provides an exception to the rule that a statute should be interpreted according to its plain meaning. In an age of increasing debate about the proper approach to statutory interpretation, and of increasing emphasis on literal approaches, the absurd result principle poses intriguing challenges to literalism and to theories of interpretation generally.The absurd result principle is extraordinarily powerful. It authorizes a judge to ignore a statute's plain words in order to avoid the outcome those words would require in a particular situation. This is a radical thing; judges are not supposed to rewrite …
U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger
U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger
St. Mary's Law Journal
U.S. persons who plan to do business in Mexico or invest in new or existing Mexican business ventures are faced with a myriad of U.S. federal income tax issues. U.S. counsel advising U.S. persons regarding the ownership structure for a contemplated business or investment in Mexico should have a basic understanding of the U.S. system of international taxation. While a working knowledge of Mexico’s tax system is also helpful, Mexican counsel can provide information regarding the Mexican tax implications of doing business or investing in Mexico. A review of the U.S. system of international taxation should begin with a consideration …
The Presence Of Family Members And Others During Attorney-Client Communications: Himmel's Other Dilemma, Jeffrey A. Parness
The Presence Of Family Members And Others During Attorney-Client Communications: Himmel's Other Dilemma, Jeffrey A. Parness
Loyola University Chicago Law Journal
No abstract provided.
An Introduction For Judges And Lawyers To Plato's Apology Of Socrates, William T. Braithwaite
An Introduction For Judges And Lawyers To Plato's Apology Of Socrates, William T. Braithwaite
Loyola University Chicago Law Journal
No abstract provided.
A Heterodox Catechism, Paul Campos
Liberal Environmental Jurisprudence, David A. Westbrook
Liberal Environmental Jurisprudence, David A. Westbrook
Journal Articles
No abstract provided.
The Concept Of Property In The Early Common Law, David J. Seipp
The Concept Of Property In The Early Common Law, David J. Seipp
Faculty Scholarship
“There is nothing,” wrote William Blackstone, “which so generally strikes the imagination and engages the affections of mankind, as the right of property.” Property continues to occupy a place of enormous importance in American legal thought. More than just a staple of the first-year law school curriculum, the concept of property guides the application of constitutional doctrines of due process and eminent domain. A grand division between “property rules” and “liability rules” classifies our common law entitlements. Property is a concept of such longstanding importance in our law, of such great inertial momentum, that it has expanded to include nonphysical …
The New Legal Hermeneutics, Francis J. Mootz Iii
The New Legal Hermeneutics, Francis J. Mootz Iii
Scholarly Works
Gregory Leyh has edited a volume of essays commissioned “to examine the intersections between contemporary legal theory and the foundations of interpretation” as explored in contemporary hermeneutics. The essays are diverse and multidisciplinary, but each sheds light on perplexing issues of legal interpretation that have exhausted commentators in recent years. The contributors share a broad agreement that we must reject the picture of law as an autonomous, insulated discourse and instead must regard legal discourse as one of many interrelated practices rooted in our character as interpretive beings.
Each contributor addressees the central concerns defined by the leading philosopher of …
Democratic Credentials, Donald J. Herzog
Democratic Credentials, Donald J. Herzog
Articles
We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …
Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith
Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith
St. Mary's Law Journal
Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …