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Community And Fairness In Democratic Theory, Mark Tushnet Oct 1987

Community And Fairness In Democratic Theory, Mark Tushnet

Florida State University Law Review

This commentary responds to an article by Lea Brilmayer in this edition. Professor Tushnet challenges Professor Brilmayer's assertion regarding democratic theory that the process theory of United States v. Carolene Products is irreconcilable with the interest theory which stems from conflict of law analysis.

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Response, Lea Brilmayer Oct 1987

Response, Lea Brilmayer

Florida State University Law Review

Professor Brilmayer responds to the commentaries of Professors Laycock, Tushnet, and George.

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Shaping And Sharing In Democratic Theory: Towards A Political Philosophy Of Interstate Equality, Lea Brilmayer Oct 1987

Shaping And Sharing In Democratic Theory: Towards A Political Philosophy Of Interstate Equality, Lea Brilmayer

Florida State University Law Review

Interstate cases pose most dramatically the question of the legitimacy of a state's exercise of coercive power. Professor Brilmayer analyzes two existing theories of interstate relations, rejects the notion that democratic theory requires that interstate equality need be an all-or-nothing issues, and suggests that the basis for a state' coercive power toward outsiders should be sharing the burdens and benefits of state law.

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Asking The Right Questions, Lawrence C. George Oct 1987

Asking The Right Questions, Lawrence C. George

Florida State University Law Review

Professor George analyzes what he sees as Professor Brilmayer's major thesis: that neither modern choice of law nor equal protection principles provide a sound basis for jurisdictional doctrine. Concluding that she has failed to consider a possible Critical Legal Studies approach to the problems she poses, he suggests one.

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Equality And The Citizens Of Sister States, Douglas Laycock Oct 1987

Equality And The Citizens Of Sister States, Douglas Laycock

Florida State University Law Review

Professor Laycock's commentary is written in response to Lea Brilmayer's article in this edition. Brilmayer and Laycock agree that states owe equal treatment to citizens of sister states, and that the obligation does not extend to the exercise of government power. But Laycock would derive these rules from constitutional text and structural needs of the federal union. He think that Brilmayer's broader political theory is only marginally relevant to their shared conclusion.

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Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman Oct 1984