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Articles 1 - 4 of 4
Full-Text Articles in Jurisprudence
Rethinking The Boundaries Between Public Law And Private Law For The Twenty First Century: An Introduction, Michel Rosenfeld
Rethinking The Boundaries Between Public Law And Private Law For The Twenty First Century: An Introduction, Michel Rosenfeld
Faculty Articles
The distinction between public law and private law has been both ever present and unwieldy in civil law as well as in common law jurisdictions. Kelsen found the distinction “useless” for “a general systematization of law,” and Paul Verkuil has remarked that “[i]f the law is a jealous mistress, the public-private distinction is like a dysfunctional spouse. . . . It has been around forever, but it continues to fail as an organizing principle.”
The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner
The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner
Faculty Articles
No abstract provided.
Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell
Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell
Faculty Articles
Professor Mitchell illustrates that Client-centered Representation does not simplistically reduce to a single admonition: Tell the client's story. The concept is far more nuanced than that. It incorporates a constellation of ideas. Listen to the client's story. Hear what they want. Try to be creative about ways to tell the story. Look for opportunities to bring their story into the legal process. At the same time, the attorney must join together to discuss any risks and problems which may result from various strategic choices, including the risks in even telling the story and whether those risks are worth it to …
Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam
Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam
Faculty 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 …