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Articles 1 - 30 of 114
Full-Text Articles in Law
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
University of Michigan Journal of Law Reform
A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …
Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky
Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky
Articles
Upon the enactment of the Employee Retirement Income Security Act of 1974 ("ERISA"), few would have predicted that, a generation later, ERISA's provisions preempting state law would be front page news, a central topic of national debate about health care and its regulation. Similarly, few foresaw at the time ERISA was adopted that the United States Supreme Court would have great difficulty construing ERISA's preemption provisions. By the same token, in 1974 the contemporary revival of interest in statutory textualism lay well into the future.
What Is Justice? (Review Of Christian Justice And Public Policy, By Duncan B. Forrester), Michael David Lopez
What Is Justice? (Review Of Christian Justice And Public Policy, By Duncan B. Forrester), Michael David Lopez
BYU Law Review
No abstract provided.
How Much Fuel To Add To The Fire Of Genius? Some Questions About The Repair/Reconstruction Distinction In Patent Law , Arthur J. Gajarsa, Evelyn Mary Aswad, Joseph S. Cianfrani
How Much Fuel To Add To The Fire Of Genius? Some Questions About The Repair/Reconstruction Distinction In Patent Law , Arthur J. Gajarsa, Evelyn Mary Aswad, Joseph S. Cianfrani
American University Law Review
No abstract provided.
A Ray Of Light For Judges Blinded By Science: Triers Of Science And Intellectual Due Process, Erica Beecher-Monas
A Ray Of Light For Judges Blinded By Science: Triers Of Science And Intellectual Due Process, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison
Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison
The Journal of Appellate Practice and Process
This article discusses the uncertainty of United States Courts of Appeals jurisdiction over non-final orders.
The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill
The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill
The Journal of Appellate Practice and Process
This essay addresses the issue of judges deciding what scientific evidence is admissible. The primary focus is the admissibility of expert mental state testimony in criminal cases. The issue is addressed by answering two questions: 1) how does science work and 2) how does the brain work?
Unpublished Opinions: A Comment, Richard S. Arnold
Unpublished Opinions: A Comment, Richard S. Arnold
The Journal of Appellate Practice and Process
The Honorable Richard S. Arnold gives a federal appellate judge’s perspective of the unpublished opinions debate.
The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts
The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder
Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder
William & Mary Law Review
No abstract provided.
The Democracy-Forcing Constitution, Neal Devins
The Democracy-Forcing Constitution, Neal Devins
Michigan Law Review
During my freshman year in college, I was told not to judge a book by its cover. The book in question - Lolita; the cover suggested something quite salacious. My professor explained that a soldier, who had purchased Lolita to work out some of the kinks of military life, found himself tossing the book out, proclaiming in disgust "Literature!" Well, I cannot claim precisely the same reaction to Cass Sunstein's One Case at a Time (my expectations were lower than the soldier's). Nevertheless, for those expecting a lefty defense of judicial restraint, One Case at a Time is not your …
Appendix: Biographies Of Participants , American University Law Review
Appendix: Biographies Of Participants , American University Law Review
American University Law Review
No abstract provided.
The Anti-Essentialism V. Essentialism Debate In Feminist Legal Theory: The Debate And Beyond, Jane Wong
The Anti-Essentialism V. Essentialism Debate In Feminist Legal Theory: The Debate And Beyond, Jane Wong
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond
Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond
Indiana Law Journal
No abstract provided.
Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro
Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro
University of Miami Inter-American Law Review
No abstract provided.
Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri
Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri
Dalhousie Law Journal
Over the past few years, the "contextual approach" to law has acquired considerable cachet in juridical discourses across the country. In the Supreme Court of Canada, contextualism is now the new standard of judicial analysis and accountability This article analyzes a decade of Supreme court jurisprudence on Charter interpretation, statutory interpretation and the common law in order to fully explicate what contextualism in law is, where it came from, and how it has achieved its current pre-eminent status. The future promise of the contextual approach is also here canvassed through a dialectical engagement with postmodernist concerns respecting inherent legal indeterminacies.
Is Progressive Constitutionalism Possible?, Robin West
Is Progressive Constitutionalism Possible?, Robin West
Georgetown Law Faculty Publications and Other Works
Progressivism is in part a particular moral and political response to the sadness of lesser lives, lives unnecessarily diminished by economic, psychic and physical insecurity in the midst of a society or world that offers plenty. This insecurity is unjust and should end; the suffering should be alleviated, and those lives should be enriched. To do so must be one of the goals of a morally just or justifiable state. Not all suffering and not all lesser lives, of course, give rise to such a response. The suffering attendant to accident, disease, war and happenstance is neither entirely chargeable to …
Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
American University Law Review
No abstract provided.
Front Matter, United States-Mexico Law Journal
Front Matter, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Cross-Border Legal Practice: The Role Of Foreign Legal Consultants, John E. Rogers
Cross-Border Legal Practice: The Role Of Foreign Legal Consultants, John E. Rogers
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Masthead, United States-Mexico Law Journal
Masthead, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Foreign Banks In Mexico: On The Verge Of A New Era?, Agustin Berdeja-Prieto, Adrian Zubikairi Arriola
Foreign Banks In Mexico: On The Verge Of A New Era?, Agustin Berdeja-Prieto, Adrian Zubikairi Arriola
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Restructuring Of Banking And Financial Services In Mexico: The Legal Reform Of The Mexican Financial System, Roberto Del Cueto, Luis Danton Martinez
The Restructuring Of Banking And Financial Services In Mexico: The Legal Reform Of The Mexican Financial System, Roberto Del Cueto, Luis Danton Martinez
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Special Position Of Mexican Banks In The Execution And Enforcement Of Financial Agreements, Agustin Berdeja-Prieto, Mike Lubrano
The Special Position Of Mexican Banks In The Execution And Enforcement Of Financial Agreements, Agustin Berdeja-Prieto, Mike Lubrano
United States - Mexico Law Journal (1993-2005)
No abstract provided.
A Case Study Of Three Opportunities To Improve The Private Financial Infrastructure Of Mexico: Secured Financing Of Inventory; Accounts Receivable And Equipment; The Securitization Of Assets; The Laws Of Bankruptcy And Insolvency: A Panel Discussion, Michael Owen, Fernando Montes-Negret, Mike Lubrano, Agustin Berdeja-Prieto, Carlos Aiza Haddad, Michelle Nader Schekaiban
A Case Study Of Three Opportunities To Improve The Private Financial Infrastructure Of Mexico: Secured Financing Of Inventory; Accounts Receivable And Equipment; The Securitization Of Assets; The Laws Of Bankruptcy And Insolvency: A Panel Discussion, Michael Owen, Fernando Montes-Negret, Mike Lubrano, Agustin Berdeja-Prieto, Carlos Aiza Haddad, Michelle Nader Schekaiban
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Mexican Insolvency Law: Que Pasara?, Jaime Rene Guerra
Mexican Insolvency Law: Que Pasara?, Jaime Rene Guerra
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Restructuring Of Mexican Financial Services And The Application Of Chapter 14 Of Nafta, John E. Rogers, Mike Lubrano, Carlos Aiza Haddad, Luis Danton Martinez, Timothy A. Canova
The Restructuring Of Mexican Financial Services And The Application Of Chapter 14 Of Nafta, John E. Rogers, Mike Lubrano, Carlos Aiza Haddad, Luis Danton Martinez, Timothy A. Canova
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Securitization Of Assets In Mexico, Carlos Aiza Haddad
The Securitization Of Assets In Mexico, Carlos Aiza Haddad
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Banking And Financial Reform At The Crossroads Of The Neoliberal Contagion, Timothy A. Canova
Banking And Financial Reform At The Crossroads Of The Neoliberal Contagion, Timothy A. Canova
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Future Of Mexican Financial Servcies Including Money Laundering Regulations, Michell Nader Schekaiban
The Future Of Mexican Financial Servcies Including Money Laundering Regulations, Michell Nader Schekaiban
United States - Mexico Law Journal (1993-2005)
No abstract provided.