Law Commons^™

Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel

Jonathan Yovel

This paper attempts to examine the underlying structure of analogical reasoning in decision making. The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making. Following Wittgenstein and Strawson the paper identifies the problem of the contingency of transitivity of analogical relations as a serious impediment to analogical reasoning. It then proceeds to offer a method of translation that delineates the borders of contingency and analyticity of transitivity in such cases, as well as proposes how these borders may be manipulated. The theoretical insight is to treat analogical relations anaphorically, as …

What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel

Jonathan Yovel

What is contract law about? One way of looking at it is to conceive of the subject-matter of contract law in terms of promises - just as tort law arguably revolves around the concepts of accident or harm. Much like accidents - first-year law students are taught - promises are out there in the world, to be classified and distinguished so as to privilege some with legal enforceability. There is a language/world of promises, this approach seems to indicate, and a language/world of contracts. It is a main function of contract law to perform translations from the one to the …

El Significado De La Clausula De Los Derechos No Enumerados, Edgar Carpio Marcos

Edgar Carpio Marcos

No abstract provided.

Constitucion Y Reeleccion Presidencial (El Caso Peruano), Edgar Carpio Marcos

Edgar Carpio Marcos

No abstract provided.

Canadian Copyright Law In Cyberspace: An Examination Of The Copyright Act In The Context Of The Internet , Jeremy F. De Beer

Jeremy de Beer

This paper considers the application of Canada's Copyright Act to various online activities. I advocate for an evolutionary rather than revolutionary approach to digitial copyright reform.

Wto Blue-Green Blues: The Impact Of U.S. Domestic Politics On Trade-Labor, Trade-Environment Linkages For The Wto's Future, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Globalization And Social Protection: The Impact Of Eu And International Rules In The Ratcheting Up Of U.S. Data Privacy Standards, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Lectura N° 04: "El Derecho Constitucional", De Vladimiro Naranjo Mesa (Extraído Del Libro "Teoría Constitucional E Institucionales Políticas"), David A. Ortiz Gaspar

Prof. David Aníbal Ortiz Gaspar.

No abstract provided.

Lectura N° 10: "La Interpretación Constitucional", De Vladimiro Naranjo Mesa (Extraído Del Libro "Teoría Constitucional E Instituciones Políticas"), David A. Ortiz Gaspar

Prof. David Aníbal Ortiz Gaspar.

No abstract provided.

Self-Defense: The Equalizer, David B. Kopel, Linda Gorman

David B Kopel

Experiments in tightening gun-control laws have eroded the right of self defense and failed to stop serious crime. Studies Japan, the United Kingdom, Canada, and Australia.

The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.

Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan

Erin Ryan

[This student note is the closing chapter of the Harvard Law Review “Developments in the Law” issue for the year 2000, devoted to developments in civil litigation.] Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself—in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. “Alternative” models of dispute resolution have …

Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson

Trisha Olson

No abstract provided.

Getting Serious About Miranda In Minnesota: Criminal And Civil Sanctions For Failure To Respond To Requests For Counsel, Peter Erlinder

C. Peter Erlinder

No abstract provided.

Tussen Vrijheid En Grondrechten. Een Paradigmastrijd Met Blijvende Actualiteitswaarde, Serge Gutwirth, Paul De Hert

Serge Gutwirth

Between freedom and rights. A paradigmatic strife of persistant actuality

The Fair Apportionment Of Third-Party Merger Consideration Across Series And Classes (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This paper is not yet drafted. It is just in the idea stage. This paper will discuss the apportionment of third-party merger consideration across series and classes.

[June 24, 2010]

Immigrant Visa Distribution: The Case Of Mexico, Bernard Trujillo

Bernard Trujillo

No abstract provided.