Jurisprudence Commons^™

Of Legal History, Jurisprudence And Insanity – “Wrong Or Contrary To Law" In Section 84 Of The Penal Code Re-Considered, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

This article considers, from the perspectives of legal history and jurisprudence, longstanding controversy surrounding the interpretation of the phrase "wrong or contra to law" in section 84 of the Penal Code, and suggests that the evidence points to interpretation that "wrong" means "legally wrong" or "contrary to law". It also consid the practical implications that follow from such an interpretation, which implicatio would allow for some role, nevertheless, for extral

Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.

Michigan Law Review

Brer Rabbit, after claiming repeatedly that he would prefer almost anything to being thrown into the briarpatch, expressed glee once tossed there. In fact, Brer Rabbit wanted to be in the briarpatch because, like most rabbits, he could navigate the briarpatch with relative ease: the briarpatch was home.

Over the course of a century, the Supreme Court has developed a great degree of familiarity with the state action doctrine, a doctrinal briar patch. Like Brer Rabbit, the Court has disclaimed repeatedly any interest in being there.

In this article, I argue that the existing tests for establishing the presence of …

Law And Economics: Nexus Of Science And Belief, Robert C. Downs

Faculty Works

No abstract provided.

The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.

Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

Articles

The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …

Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Judgment, Philippe Nonet

Vanderbilt Law Review

To judge, in Latin judicare, is to say the law, jus dicere, whence juris-dictio.

The above sentence is a possible answer to the question: what is judging? It spells out what the word "to judge" says, by recalling the history from which the word originates. Why would anyone ask this question? How helpful is such an answer?

Everyone knows what it is to judge. Only on the ground of such self-evidence could there be that unabating debate on the ' justification" of particular judgments, which is the day to day business of lawyering. Only because the question can be passed …

Critiques Of The Limits Of Freedom Of Contract: A Rejoinder, Michael J. Trebilcock

Osgoode Hall Law Journal

This rejoinder to the foregoing critiques of the author's book, The Limits of Freedom of Contract, focuses on several themes: a) what range of contractually-related issues do courts possess the requisite institutional competence to address? b) whether problematic normative issues in contract law are amenable to rational analysis and at least provisional resolution, or are inherently indeterminate, contingent, and political? c) what the value of individual autonomy implies in terms of the type of transactions parties should be permitted to engage in? d) whether an "internal" rather than consequentialist theory of contract law is conceivable? and e) whether autonomy values …

Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser

Cornell Law Faculty Publications

The French legal system, according to its official pronouncements, functions on a rigid conception of the interpretive and creative role of the civil, private law judge. This conception may be thought of as an "official portrait": It is an image or representation of the judge and of the nature of the judicial role. The official portrait, which represents an interpretive ideology that posits a perfectly grammatical mode of reading the legal code, has been the source of much confusion, especially to common lawyers. This portrait's predominance in the French legal system, and its effect on French judicial practice, has never …

Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder

Journal Articles

This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning for all …

Positivism And Antipositivism In Federal Courts Law, Michael Wells

Scholarly Works

What is the proper role of rules in federal courts law? Some scholars associated with the Legal Process assert that rules are unimportant here. They believe that the values of principled adjudication and reasoned elaboration should take precedence over the making and application of rules. The area is, in the jargon of jurisprudence, "antipositivist." Others maintain that rules do, or at any rate should, count heavily in federal courts' decisionmaking. In this Article, I argue that Legal Process scholars are right to spurn formalism in most parts of federal courts law. But the Legal Process model of federal courts law …

The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield

Osgoode Hall Law Journal

In this essay I explore what Michael Trebilcock's work in The Limits of Freedom of Contract offers feminists in terms of a resolution or transcendance of the dilemma of choice. Trebilcock's work does not address the deepest feminist concerns about conflicts between autonomy and welfare, but it does shed light on narrower versions of the dilemma, providing an analytical framework for the feminist dilemma of choice and emphasizing the pervasiveness of this problem in contract law. Trebilcock's recommendation that society simultaneously use different institutions to promote different values also has salience for the feminist dilemma of choice.

The Idea Of A Public Basis Of Justification For Contract, Peter Benson

Osgoode Hall Law Journal

The essay has two main objects. The first is to take up and to develop certain of the difficulties that Professor Trebilcock finds with autonomy and welfare-based theories of contract law. The essay reaches the conclusion that efficiency, autonomy, and welfare approaches suffer from fundamental and yet qualitatively different kinds of defects. Moreover, in the course of its critical examination of these theories, the essay introduces and makes explicit an ideal of justification which The Limits of Freedom of Contract only implicitly assumes-an ideal of justification which the essay, following the recent work of Rawls, calls a "public basis of …

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Editorial Notes, Rafael V. Baca, Carlos V. Quinones

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Legal Duties And Responsibilities Of Corporate Directors And Controlling Persons Of U.S. Publicly-Owned Companies, Andres V. Gil

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Securities Law Questions And Comments On The Comparison Of Corporate And Securities Laws In Mexico And The United States, John M. Stephenson Jr., Robert L. Kimball, Andres V. Gil, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Some Observations On United States And Mexican Corporate Law, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Energy Regulation In Mexico, Ewell E. Murphy Jr., Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Electric Energy Legal And Regulatory Structure In Mexico And Opportunities After Nafta, William D. Degrandis, Michael L. Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Back To The Future? The Prospects For State Monopoly In Hydrocarbons And Electric Power Under Article 27 Of The Mexican Constitution, Ewell E. Murphy Jr.

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Regulation Of Solid Fuels And Mining In Mexico, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: A Hypothetical Problem On Energy Development In Mexico, Michael W. Gordon, Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez, Suedeen G. Kelly, William M. Wilson Jr.

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: A Hypothetical Problem On Securities Law, Michael W. Gordon, Robert L. Kimball, Andres V. Gil, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Institutional Framework Of The North American Agreement On Labor Cooperation, Jorge F. Perez-Lopez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Labor Cooperation Agreement Among Mexico, Canada And The United States: Its Negotiation And Prospects, Robert E. Herzstein

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: The Challenges And Opportunities Under The Nafta Labor Cooperation Agreement, James F. Smith, Lance A. Compa, Robert E. Herzstein, Michael J. O'Neill, Jorge F. Perez-Lopez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The First Nafta Cases: A New International Labor Rights Regime Takes Shape, Lance A. Compa

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Impossible Comparisons And Rational Choice Theory, Richard Warner

All Faculty Scholarship

No abstract provided.