Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Common Law (2)
- Legislation (2)
- Albert Packaging (1)
- Bailey (1)
- Blame (1)
-
- Bruhn Newtech Ltd. v. Datanetex Ltd. (1)
- CDPA (1)
- CRDR (1)
- CUDR (1)
- Chancery Division (1)
- Charles Grove Haines (1)
- Chicago Institute (1)
- Church (1)
- Common law (1)
- Constitutional review; judicial review; constitutional court; supreme court; comparative constitutionalism; comparative law (1)
- Controlled Substances Act (1)
- Copyright Act (1)
- Corpus Linguistics (1)
- Court of Appeal (1)
- Courts (1)
- Courts of justice (1)
- Criminal Theory (1)
- Design Directive (1)
- Design Regulation (1)
- Design Rights (1)
- EU (1)
- Elite Angling Products (1)
- Ethical Standards (1)
- European Union (1)
- Experimental Jurisprudence (1)
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Jurisprudence
Classifying Systems Of Constitutional Review: A Context-Specific Analysis, Samantha Lalisan
Classifying Systems Of Constitutional Review: A Context-Specific Analysis, Samantha Lalisan
Indiana Journal of Constitutional Design
Modern constitutional drafters and advisors increasingly use judicial review classifications and the current model for classification does not accurately capture constitutional review in Latin America. This paper proposes context-specific classification that can accurately capture constitutional review in the Latin American region. Specifically, this paper argues that the context-specific analysis suggests that the more salient point of classification in Latin America is that of access mechanisms to constitutional courts. As such, the paper proceeds in four parts: Part I examines the traditional model of classification in Europe and focuses on the Spanish and German direct access mechanisms. Part II explores the …
Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod
Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod
Indiana Law Journal
In a series of recent split decisions interpreting criminal and tort-like legislation, the Supreme Court has purported to give statutory causation requirements their ordinary, plain meaning. Armed with dictionaries, examples from everyday speech, and commonsense intuitions, the Court’s majority has explained that statutory phrases like “because of” and “results from” entail but-for causation as a matter of ordinary usage. There’s just one problem: The Court’s majority (and the many state and federal courts following its lead) is wrong on the facts—specifically, the facts about how people ordinarily interpret, understand, and use causal language.
This Article considers a novel approach to …
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
IP Theory
No abstract provided.
Proportionality, Rationality And Review, Paul Craig
Proportionality, Rationality And Review, Paul Craig
Articles by Maurer Faculty
There is a debate in certain common law jurisdictions as to whether proportionality should be accepted as a general criterion for judicial review in administrative law. This article responds to Mike Taggart’s bifurcation thesis and his argument that proportionality should be reserved for rights-based cases, with low intensity rationality review being used for other types of case. I argue to the contrary that proportionality should be a general principle of judicial review that can be used both in cases concerned with rights and in non-rights based cases, albeit with varying intensity of review. The article begins by addressing the advantages …
The Meaning Of Judicial Self-Restraint, Richard A. Posner
The Meaning Of Judicial Self-Restraint, Richard A. Posner
Indiana Law Journal
No abstract provided.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.
Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.