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Full-Text Articles in Law
Which Countries Count?: Lawrence V. Texas And The Selection Of Foreign Persuasive Authority, Rex D. Glensy
Which Countries Count?: Lawrence V. Texas And The Selection Of Foreign Persuasive Authority, Rex D. Glensy
Rex Glensy
This Article provides a selection process for foreign persuasive authority within the context of comparative analysis by combining the results of an historical analysis of the use of foreign authority with modern trends in social sciences and legal scholarship. It argues that the ethos of comparative law is one of informed nation selection, and that its proponents should not shy away from this reality but tackle it head on. It describes an approach to such selection process, one which combines historical fact, normative desirability, and contemporary understanding of judicial interpretative techniques, and shows how courts can integrate this approach within …
Quasi-Global Social Norms, Rex D. Glensy
Quasi-Global Social Norms, Rex D. Glensy
Rex Glensy
This Article describes the emergence and operation of a sub-category of social norm, termed “quasi-global social norm.” It argues that these norms arise slowly through an evolutionary process governed by natural instinct, and that such norms develop by reaching an ever increasing number of adherents who apply these norms to an ever increasing number of situations. It then describes how quasi-global social norms, in light of their hold on society, permeate the legal system and function as a normative force in determining the outcome of many legal decisions, and concludes by drawing upon the quasi-global social norms of liberty and …
Are Norms Efficient? Pluralistic Ignorance, Heuristics And The Use Of Norms As Private Regulation, Alex Geisinger
Are Norms Efficient? Pluralistic Ignorance, Heuristics And The Use Of Norms As Private Regulation, Alex Geisinger
Alex Geisinger
No abstract provided.
My Best Class: Saving The Astronauts, Lisa A. Tucker
My Best Class: Saving The Astronauts, Lisa A. Tucker
Lisa T. McElroy
No abstract provided.
Regulating Patient Safety: Toward A Federal Model Of Medical Error Reduction, Barry R. Furrow
Regulating Patient Safety: Toward A Federal Model Of Medical Error Reduction, Barry R. Furrow
Barry R. Furrow
No abstract provided.
Title Ix: Beyond Equal Protection, David S. Cohen
Title Ix: Beyond Equal Protection, David S. Cohen
David S Cohen
The relationship between Title IX and the Equal Protection Clause is relevant to many areas of sex discrimination law. First and foremost, the issue has arisen when courts have attempted to determine the scope of Title IX's prohibition of sex discrimination. For instance, in Tara Brady's case, whether she could successfully bring a sex discrimination suit for monetary damages under Title IX, which says nothing on its face about pregnancy,(FN9) requires a determination of whether a plaintiff can bring a claim for monetary damages grounded in Title IX's regulation that prohibits pregnancy-based discrimination. After the Supreme Court's decision in Alexander …
Practicing (And Teaching) Therapeutic Jurisprudence: Importing Social Work Principles And Techniques Into Clinical Legal Education, Susan Brooks
Susan Brooks
No abstract provided.
Rowley Comes Home To Roost: Judicial Review Of Autism Special Education Disputes, Terry Seligmann
Rowley Comes Home To Roost: Judicial Review Of Autism Special Education Disputes, Terry Seligmann
Terry Jean Seligmann
No abstract provided.
Why Is A Legal Memorandum Like An Onion: A Student’S Guide To Reviewing And Editing, Terry Jean Seligmann
Why Is A Legal Memorandum Like An Onion: A Student’S Guide To Reviewing And Editing, Terry Jean Seligmann
Terry Jean Seligmann
No abstract provided.