Jurisprudence Commons^™

An Introduction To Lessigian Thought, Russ Taylor

Federal Communications Law Journal

Book Review: Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Lawrence Lessig, New York: Penguin Press, 2004, 306 pages.

A review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity by Lawrence Lessig. Lawrence Lessig is a frequent commentator and prolific writer on media and communications topics. His body of work touches copyright issues, radio spectrum policy, media ownership issues, and legal ownership and control of the physical platforms that deliver broadband content. In this 2004 publication, he focuses on copyright policy. …

Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy Under Due Process, Tracy A. Thomas

San Diego Law Review

This essay is part of the 2003 Remedies Forum symposium comprised of international remedies scholars addressing the topic of equitable relief in the fifty years since Brown v. Board of Education. It may be true as other scholars have argued that since the time of Brown, institutional defendants have won at the expense of plaintiffs. Defendants have learned that delay and defiance work. The U.S. Supreme Court has adopted a standard for ordering equitable relief that significantly defers to defendant wrongdoers at the plaintiffs' expense. Epithets of activist courts and judicial legislation have colored the existing scholarship and portrayed remedial …

The Jurisdiction Of Justice: Two Conceptions Of Political Morality, Larry Alexander

San Diego Law Review

My topic in this essay is a major fault line within normative theory. More precisely, it is a major fault line within that part of a normative theory that deals with the content of our moral obligations to others. When I refer to moral obligations here, I am referring to those acts that morality demands of us such that it permits force or its threat to be employed to secure those acts. Moral obligations as I use the term are thus candidates for legal enforcement. I argue that much of what is debated within liberal political/moral theory can be usefully …

"Is That English You're Speaking?" Why Intention Free Interpretation Is An Impossibility, Larry Alexander, Saikrishna Prakash

San Diego Law Review

"Textualism" is a very general and abstract term that represents a variety of views about the interpretation of legal texts. One strand of textualism is conceptual and descriptive; this strand makes claims about what texts actually mean. Another strand of textualism is normative; this strand makes claims about how judges ought to proceed when they interpret particular kinds of legal texts, such as constitutions and statutes. In the first part of this paper, we are particularly concerned with an especially strong form of conceptual textualism - the position that texts can be interpreted without any reference, express or implied, to …

Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer

American University Law Review

No abstract provided.

Foreword: Loving Lawrence, Pamela S. Karlan

Michigan Law Review

Two interracial couples. Two cases. Two clauses. In Loving v. Virginia, the Supreme Court struck down a Virginia statute outlawing interracial marriage. In Lawrence v. Texas, the Court struck down a Texas statute outlawing sexual activity between same-sex individuals. Each case raised challenges under both the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment.

Verizon Communications, Inc. V. Fcc-Telecommunications Access Pricing And Regulator Accountability Through Administrative Law And Takings Jurisprudence, Michael J. Legg

Federal Communications Law Journal

In this Article, Michael Legg examines the Supreme Court decision in Verizon Communications, Inc. v. FCC, and asserts that shortcomings associated with administrative law have led to an environment of unaccountability in the sphere of telecommunications regulations. Arguing that communications oversight has become exceedingly reliant upon regulatory expertise and that power over economic policy has been excessively ceded to the regulators, the Author concludes that Congress should become more involved in access pricing to prevent further undermining of the democratic governance in this important sector. Finally, Mr. Legg maintains that without further guidance with respect to the relationship between TELRIC …

An Open Question In Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act And Wood V. University Of Utah Medical Center, Glenn E. Roper

BYU Law Review

No abstract provided.

The Constitutionalization Of Quebec Libel Law, 1848-2004, Joseph Kary

Osgoode Hall Law Journal

In 1848, a Quebec judge changed the law of defamation to accord with the newly-applicable constitutional right to freedom of speech. His decision and those that followed seem strange now that the Supreme Court of Canada has held that Charter rights do not apply to private law. These decisions show that the constitutionalization of libel law was not an American innovation, but rather one that emerged in Canada over a century earlier. This article analyzes the Quebec cases in detail, and suggests that they were grounded in liberal ideas about the British Constitution that were prevalent in Lower Canada at …

Felony Jury Sentencing In Practice: A Three-State Study, Nancy J. King, Rosevelt L. Noble

Vanderbilt Law Review

The Court's recent decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), has prompted renewed interest in sentencing by jury in non-capital cases. Yet jury sentencing in felony cases remains one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how felony jury sentencing actually operates in three different states-Kentucky, Virginia, and Arkansas. Dozens of interviews with prosecutors, defenders, and judges, as well as an analysis of state sentencing data, reveal that this neglected corner of state criminal justice provides a unique window …

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

A Tribute To Franklin Gill, Esq. And Mary Gill, United States-Mexico Law Journal

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.

Financing Mexican Infrastructure Development: Incentivizing Finance Projects, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Role Of Certificados Bursatiles, Collateral Arrangements And Other Important Aspects Of Raising Infrastructure Finance, Carlos Malpica Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Financing Mexican Infrastructure Development, John Stephenson, Miguel Jauregui Rojas, Carlos Malpica Hernandez, Carol M. Mates, Gerardo Freire Alvarado, Inigo De La Borolla

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Infrastructure Financing In Mexico: The Role Of The International Finance Corporation, Carol M. Mates

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Changing Role Of Mexican Accounting Firms And Of Comisario, And Response To Sarbanes-Oxley, Jose O. Garcia Mata

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Current Issues In Corporate Governance For Mexican Companies, Including Effects Of Sarbanes-Oxley, Thomas S. Heather

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Benefits Of The North American Free Trade Agreement, Lloyd Day

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Last Ten Years Of Mexican Agriculture, Jorge Molina L.

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Introduction Of The Panel Discussion With Alejandro Garcia Seimandi And Nashielly Escobedo, Adrian Vazquez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Corporate Governance And The Impact Of Sarbanes-Oxley, John Stephenson, Jose O. Garcia Mata, Thomas Heather

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Reliable Companies And Strategic Bonded Areas, Nashielly Escobedo

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: The Red And Green Lights Of Homeland Security, Jimmie V. Reyna, Steven Poulin, Robert B. Birthisel

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Maquiladora And Pitex Programs: Trying To Improve The Obsolete, Alejandro Garcia Seimandi

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Oh Romeo, Donde Estas?, Jimmie V. Reyna

United States - Mexico Law Journal (1993-2005)

No abstract provided.

For A Better Understanding Between Mexico And The United States, Miguel I. Estrada Samano

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Mexico's Preferential Customs Programs, Adrian Vazquez, Nashielly Escobedo, Alejandro Garcia Seimandi

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Escenarios Del Futuro Mexicano, Raymundo Gil Rendon

United States - Mexico Law Journal (1993-2005)

No abstract provided.