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2000

Jurisprudence

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Articles 1 - 30 of 132

Full-Text Articles in Law

The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright Dec 2000

The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright

All Faculty Scholarship

Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive ...


Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins Dec 2000

Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Concurring In Result Without Written Opinion: A Condemnable Practice, Ira P. Robbins Nov 2000

Concurring In Result Without Written Opinion: A Condemnable Practice, Ira P. Robbins

Ira P. Robbins

No abstract provided.


First Amendment—Campaign Finance Reform—The Supreme Court Halts The Eighth Circuit's Invalidation Of State Campaign Contribution Limits. Nixon V. Shrink Missouri Government Political Action Committee, 120 S. Ct. 897 (2000)., Erin Buford Vinett Oct 2000

First Amendment—Campaign Finance Reform—The Supreme Court Halts The Eighth Circuit's Invalidation Of State Campaign Contribution Limits. Nixon V. Shrink Missouri Government Political Action Committee, 120 S. Ct. 897 (2000)., Erin Buford Vinett

University of Arkansas at Little Rock Law Review

No abstract provided.


Assessing The New Judicial Minimalism, Christopher J. Peters Oct 2000

Assessing The New Judicial Minimalism, Christopher J. Peters

All Faculty Scholarship

In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000), I critique some recently prominent arguments for "judicial minimalism" in constitutional decisionmaking. Current minimalist arguments, I contend, are primarily "policentric," that is, focused on the role the judiciary can play in bolstering the accountability and deliberativeness of the political branches. Drawing in part on a previous article, I offer an alternative approach to minimalism that is "juricentric" - focused on the inherent democratic legitimacy of the adjudicative process and the unique competence of that process to produce decisions about individual rights. I argue ...


The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley Oct 2000

The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley

Michigan Law Review

In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that ...


Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham Sep 2000

Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham

Washington and Lee Law Review

No abstract provided.


Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers Aug 2000

Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Death Penalty Jurisprudence Under The Anti-Terrorism And Effective Death Penalty Act, Randall Coyne Jun 2000

Death Penalty Jurisprudence Under The Anti-Terrorism And Effective Death Penalty Act, Randall Coyne

Randall Coyne

No abstract provided.


Empirical Methods And The Law, Theodore Eisenberg Jun 2000

Empirical Methods And The Law, Theodore Eisenberg

Cornell Law Faculty Publications

One can divide empirical analysis of legal issues into three major branches: (1) the use of scientific empirical analysis by litigants to attempt to prevail in individual cases, (2) the use of social scientific empirical analysis in individual cases, and (3) the use of the empirical methods to describe the legal system’s operation. The first two uses present difficulties that reflect a fundamental limitation on using statistical methods in law: the difference between establishing statistical association and establishing actual causation in an individual case filtered through our adversary legal system. The third use encounters no such obstacle and can ...


Christians And The Military, Jeffrey C. Tuomala Jun 2000

Christians And The Military, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Christians And The Military, Jeffrey C. Tuomala Jun 2000

Christians And The Military, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Chroniclers In The Field Of Cultural Production: Courts, Law And The Interpretive Process, Larry Catá Backer May 2000

Chroniclers In The Field Of Cultural Production: Courts, Law And The Interpretive Process, Larry Catá Backer

Boston College Third World Law Journal

This paper unearths the cultural basis of judicial authority in the project of producing and reproducing cultural norms, that is, the unconscious "common sense" of "things" from which we draw all rules of social conduct. It does so from two perspectives. The first considers authority from the perspective of the sorts of pronouncements of "law" that judges purport to make. The second looks to ingrained and submerged cultural patterns of "hearing" for the model by which individuals and societies in the West submit to and obey the judicial voice. Identification and memorialization provide the key to understanding the weightiness with ...


Gender And Privacy In Cyberspace, Anita L. Allen May 2000

Gender And Privacy In Cyberspace, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Forensic Constitutional Interpretation, Brian F. Havel Apr 2000

Forensic Constitutional Interpretation, Brian F. Havel

William & Mary Law Review

No abstract provided.


Front Matter, United States-Mexico Law Journal Mar 2000

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal

No abstract provided.


Masthead, United States-Mexico Law Journal Mar 2000

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal

No abstract provided.


Welcome Remarks, Jose Luis Romero Hicks Mar 2000

Welcome Remarks, Jose Luis Romero Hicks

United States - Mexico Law Journal

No abstract provided.


Accounting Services For The 21st Century, Patricia Hernandez-Esparza Mar 2000

Accounting Services For The 21st Century, Patricia Hernandez-Esparza

United States - Mexico Law Journal

No abstract provided.


A Step In The Right Direction - Privitization Of Natural Gas Services In Mexico And An Examination Of The Burgeoning Role Of Local Distribution Companies, Rogelio Lopez Velarde Mar 2000

A Step In The Right Direction - Privitization Of Natural Gas Services In Mexico And An Examination Of The Burgeoning Role Of Local Distribution Companies, Rogelio Lopez Velarde

United States - Mexico Law Journal

No abstract provided.


Transportation Of Cargo Across The U.S.-Mexico Border, Warren A. Goff Mar 2000

Transportation Of Cargo Across The U.S.-Mexico Border, Warren A. Goff

United States - Mexico Law Journal

No abstract provided.


Developing A Legal Frame For Understanding The Production And Distribution Of Electricity In Mexico, Niceforo Guerrero Reynoso Mar 2000

Developing A Legal Frame For Understanding The Production And Distribution Of Electricity In Mexico, Niceforo Guerrero Reynoso

United States - Mexico Law Journal

No abstract provided.


Transportation Of People Across The Border, Ricardo Lan Mar 2000

Transportation Of People Across The Border, Ricardo Lan

United States - Mexico Law Journal

No abstract provided.


The Movement Of Professionals, Technicians, And Other Workers Across Nafta Borders, William J. Benos Mar 2000

The Movement Of Professionals, Technicians, And Other Workers Across Nafta Borders, William J. Benos

United States - Mexico Law Journal

No abstract provided.


Production And Distribution Of Electric Power In Mexico: Today And Tomorrow, James A. Dement Jr. Mar 2000

Production And Distribution Of Electric Power In Mexico: Today And Tomorrow, James A. Dement Jr.

United States - Mexico Law Journal

No abstract provided.


A Legal Analysis Of The Proposed Privatization Of The Mexican Electricity Industry, Ramiro Villarreal Morales Mar 2000

A Legal Analysis Of The Proposed Privatization Of The Mexican Electricity Industry, Ramiro Villarreal Morales

United States - Mexico Law Journal

No abstract provided.


Possible Privatization Of The Power Industry: A Panel Discussion, Abdon Hernandez, James A. Dement Jr., Ramiro Villarreal Morales, Michael L. Owen, Rogelio Lopez Velarde Mar 2000

Possible Privatization Of The Power Industry: A Panel Discussion, Abdon Hernandez, James A. Dement Jr., Ramiro Villarreal Morales, Michael L. Owen, Rogelio Lopez Velarde

United States - Mexico Law Journal

No abstract provided.


Project Finance: A Hypothetical Case Involving The Financing Of A Power Generating Plant In Guanajuato, Mexico (A Panel Discussion), John Stephenson, Miguel Jauregui Rojas, Michael Owen Mar 2000

Project Finance: A Hypothetical Case Involving The Financing Of A Power Generating Plant In Guanajuato, Mexico (A Panel Discussion), John Stephenson, Miguel Jauregui Rojas, Michael Owen

United States - Mexico Law Journal

No abstract provided.


Preview Of Problems In Product Liability: U.S. And Mexico, Francisco Velazquez Mar 2000

Preview Of Problems In Product Liability: U.S. And Mexico, Francisco Velazquez

United States - Mexico Law Journal

No abstract provided.


Product Liability Claims On Both Sides Of The Border: A Panel Discussion, Michael W. Gordon, Carlos Loperena, David Epstein, Adolfo E. Jimenez, Jose A. Santos Jr., Francisco Velazquez Mar 2000

Product Liability Claims On Both Sides Of The Border: A Panel Discussion, Michael W. Gordon, Carlos Loperena, David Epstein, Adolfo E. Jimenez, Jose A. Santos Jr., Francisco Velazquez

United States - Mexico Law Journal

No abstract provided.