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Full-Text Articles in Law
Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay
Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay
Faculty Articles and Papers
In every American jurisdiction, new rules of law announced by a court are presumed to have retrospective effect — that is, they are presumed to apply to events occurring before the date of judgment. There are, however, exceptions in certain cases where a court believes that such application of the new rule will upset serious and reasonable reliance on the prior state of the law. This essay, a substantially abridged version of the United States Report on the subject, submitted at the Nineteenth International Congress of Comparative Law, summarizes these exceptional cases. It shows that the proper occasions for issuing …
The Solitude Of Latin America: The Struggle For Rights South Of The Border, Ángel Oquendo
The Solitude Of Latin America: The Struggle For Rights South Of The Border, Ángel Oquendo
Faculty Articles and Papers
The article focuses, comparatively, on remarkable recent developments in Latin America regarding the programmatic adjudication, procedural enforcement, and internationalization of fundamental entitlements. It applauds, first, the manner in which many Latin American courts have uncompromisingly enforced positive guaranties in the last decade or so. Secondly, it analyzes various widely available procedures for the vindication of rights, including the writ of protection or security, unconstitutionality actions, and collective suits. Thirdly, it studies the manner in which the interaction between domestic and transnational rights has become extremely intense in the region. Finally, it notes the tension between the realization of the juridical …
Human Rights And Imposed Constitutions, Mark Weston Janis
Human Rights And Imposed Constitutions, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
"Originalist" Values And Constitutional Interpretation, Richard Kay
"Originalist" Values And Constitutional Interpretation, Richard Kay
Faculty Articles and Papers
No abstract provided.
Groups In Perspectives, Carol Weisbrod
Groups In Perspectives, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
The Common Law Tradition, Mark Weston Janis
The Common Law Tradition, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay
Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay
Faculty Articles and Papers
No abstract provided.