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Full-Text Articles in Law

Sovereignty Migrates In Us And Mexican Law: Transnational Influences In Plenary Power And Non-Intervention, Ernesto Hernandez-Lopez Nov 2007

Sovereignty Migrates In Us And Mexican Law: Transnational Influences In Plenary Power And Non-Intervention, Ernesto Hernandez-Lopez

Ernesto A. Hernandez

Mexico and the US exercise increasingly transnational, less absolute, sovereignty with respect to migration. This is evident in changes to Mexico's norm of non-intervention (NIV) and the US' plenary power doctrine (PPD), two doctrines sourced in international sovereignty. Both historically defined sovereign authority in absolute terms, avoiding any foreign influence or domestic limitation. NIV prohibits Mexican foreign relations from interfering in another state's domestic affairs. Traditionally it barred a foreign policy on migrants in the US, leading to Mexico's 'no policy' on migrants. PPD labels immigration law as immune from judicial review because the political branches have complete, 'plenary,' authority …


Building A Market: From Personal To Impersonal Exchange, Vernon Smith, E. Kimbrough, B. Wilson Jan 2007

Building A Market: From Personal To Impersonal Exchange, Vernon Smith, E. Kimbrough, B. Wilson

Vernon L. Smith

Adam Smith identified two key components in the wealth creation process of human societies: exchange and specialization. More than two centuries later relatively little is understood about the underlying process by which people build exchange systems and discover comparative advantage. In this chapter we report on a pilot experiment that explores the social mainsprings that give rise to the market. Specifically, using cash-motivated participants we compare and contrast the personal, social interactions within a village with those of the participants engaged in long-distance trade among a system of interconnected virtual villages.


Policy Oscillation In California's Law Of Premises Liability, Ronald L. Steiner Jan 2007

Policy Oscillation In California's Law Of Premises Liability, Ronald L. Steiner

Ronald L. Steiner

The expansion of tort liability beginning in the middle of the 20th century, and the reaction against that expansion as the century came to a close, constitutes a clear demonstration of the nostrum that tort law is “public law in disguise.” Adjudication of private disputes became a battleground of public policy preferences as to how risks and compensation should be distributed so as to serve societal interests such as fairness, efficiency, and personal autonomy. This article studies examines in detail a critical battleground in a key state, the revolution and counter-revolution in premises liability in California, as a paradigm case. …