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Rule of Law

Faculty Articles and Papers

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Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay Jan 2014

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 Apr 2008

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 Jan 2005

Human Rights And Imposed Constitutions, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.


"Originalist" Values And Constitutional Interpretation, Richard Kay Jan 1996

"Originalist" Values And Constitutional Interpretation, Richard Kay

Faculty Articles and Papers

No abstract provided.


Groups In Perspectives, Carol Weisbrod Apr 1991

Groups In Perspectives, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.


The Common Law Tradition, Mark Weston Janis Jan 1989

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 Jan 1988

Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay

Faculty Articles and Papers

No abstract provided.