Law Commons^™

Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman

San Diego Law Review

The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial …

Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts

BYU Law Review

No abstract provided.

On War And Justice, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Toward Gender Equality: The Promise Of Paradoxes Of Gender To Promote Structural Change, Andrea Giampetro-Meyer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Understanding Federalism, Larry Kramer

Vanderbilt Law Review

It's necessary to begin with considering the sort of judicially enforced federalism rejected in Garcia and to consider why the Court rejected it. According to this view of federalism, the Constitution leaves certain substantive affairs exclusively to the states, and what matters is making sure that states can regulate these without federal interference. So long as this domain is protected, the political significance of states is assured and federalism is secure. The federal government can, if it chooses, take charge of all those matters as to which state and federal authority is concurrent-though Congress will find this harder to accomplish …

Hearing Women Not Being Heard: On Carol Gilligan's Getting Civilized And The Complexity Of Voice, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Faculty Publications

No abstract provided.

Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham

Articles

No abstract provided.

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Dicta And Article Iii, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

John Marshall And The Moral Basis For Judicial Review, David F. Forte

Law Faculty Articles and Essays

During the last two decades, many observers have been disappointed in some of the appointments to the federal bench and in the judicial philosophies some judges have brought with them. But if we turn to the source of our constitutional order, we would find in the example of John Marshall the moral basis for the judicial craft.

Rereading "The Federal Courts": Revising The Domain Of Federal Courts Jurisprudence At The End Of The Twentieth Century, Judith Resnik

Vanderbilt Law Review

A first enterprise in understanding and reframing Federal Courts jurisprudence is to locate, descriptively, "the Federal Courts." This activity-identifying the topic-may seem too obvious for comment, but I hope to show its utility. One must start with a bit of history, going back to the "beginning" of this body of jurisprudence. The relevant date is 1928, when Felix Frankfurter and James Landis, who began this conversation, published their book, The Business of the Supreme Court: A Study in the Federal Judicial System. Three years later, in 1931, Felix Frankfurter, then joined by Wilber G. Katz (and later by Harry Shulman), …

Les Représentations De «Société Libre Et Démocratique» A La Cour Dickson : La Rhétorique Dans Le Discours Judiciaire Canadien, Andree Lajoie, Regine Robin, Sebastien Grammond, Henry Quillinan, Louise Rolland, Stéphane Perrault, Armelle Chitrit

Osgoode Hall Law Journal

The expression "free and democratic society" is the focus of our research, which sheds light on the contribution of the Supreme Court to the constitutionalization of this concept. Leaving aside the institutional and psycho-social factors, the study confirms the hypothesis that the interpretation of this expression will vary (1) according to the conceptions formerly held by the individual judges and (2) with respect to the factors favoured by a rhetorical Perelman-like analysis, which considers the factual and judicial context and the expectations of both the universal and specific audiences. At the Supreme Court level, the expectations of the latter should …

Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam

Articles

Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.

In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …

Introductory Remarks, John M. Stephenson Jr., Jimmie V. Reyna, Jorge Martinez Sverdrup

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Errata, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

This errata is for "Confronting Differences in the United States and Mexican Legal Systems in the Era of NAFTA," by James F. Smith and Aureliano Gonzalez-Baz, Volume 1 (1993).

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Current Status Of The North American Free Trade Agreement, Judith H. Bello

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Nafta's Proposed Tri-Lateral Commissions On The Environment And Labor, Ronald W. Kleinman, Joel M. Shapiro

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Mexican Copyright Protection: Proposals For Better Legislation And Enforcement, Richard E. Neff

United States - Mexico Law Journal (1993-2005)

No abstract provided.

How Mexico Has Fared Under United States Trade Remedy Laws, Janet Nuzum

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Private Rights Under The Environment And Labor Agreements, Luis Miguel Diaz

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Hypothetical Problem. Panel Disucssions On Enforcement Of Foreign Judgments And Arbitration: The Views From Mexico And The United States, Michael W. Gordon

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Summary Of Recent Legislative And Administrative Developments In Mexico, David Hurtado Badiola

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Recent Legislative Developments Affecting U.S.-Mexico Trade And Investment, Leslie Alan Glick

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Judicial Cooperation Project Between Arizona And Sonora, D. Michael Mandig

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Regulations To Protect The Environment In Mexico, Leopoldo Burguete-Stanek

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Arbitration Of Commercial Disputes In Mexico And The United States: A Panel Discusstion, Michael W. Gordon, Sergio Garcia-Rodriguez, Jose Luis Siquerios

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Rendering And Enforcing Foreign Judgments In Mexico And The United States: A Panel Discussion, Michael W. Gordon, David Epstein, Ignacio Gomez-Palacio, Charles T. Dumars

United States - Mexico Law Journal (1993-2005)

No abstract provided.