Jurisprudence Commons^™

Course Materials On The Law Of Socialist Countries, Julian Juergensmeyer

Julian C. Juergensmeyer

No abstract provided.

Rights Without Remedies, Adam Lamparello

Adam Lamparello

The Court should modify the standing doctrine in some contexts for the same reason that, in Shelby County, it invalidated two provisions of the Voting Rights Act: the legislature cannot and will not fix the problem. No legal doctrine should be applied without examining whether elected representatives are capable of remedying specific harms and accounting for the relative unfairness in democratic governance. When the traditional standing requirements are rigidly applied without considering these factors, the Court undermines the separation of powers and prevents sound judicial decision-making. In essence, rigid application of the standing doctrine sends a message to litigants …

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Patent And Know-How Licensing In Japan And The United States, Terry K. Smith

Georgia Journal of International & Comparative Law

No abstract provided.

The New Affirmative Action After Fisher V. University Of Texas: Defining Educational Diversity Through The Sixth Amendment's Cross-Section Requirement, Adam Lamparello, Cynthia Swann

Adam Lamparello

Skin color and diversity are not synonymous, and race provides no basis upon which to stereotype individuals or groups, regardless of whether the reasons are malevolent or benign.

Affirmative action policies in higher education should focus on the things that individuals have overcome, not the traits that individuals—and groups—cannot change. Currently, the opposite is true, as such policies typically equate racial diversity with educational diversity, thereby precluding consideration of factors such as family and personal background, life experience, and the overcoming of adversity that would result in true educational diversity. This is not to say that race is irrelevant, …

Convocatoria A Junta De Propietarios En Caso De Acefalia... Un (Nuevo Y) Acertado Criterio, Julio Eduardo Pozo Sánchez

Julio Eduardo Pozo Sánchez

En un reciente pronunciamiento, el Tribunal Registral señaló que el presidente cuyo mandato ha fenecido se encuentra legitimado para convocar a sesión de junta de propietarios con la finalidad de elegir al nuevo presidente. El autor considera que resulta importante y adecuado haber fijado tal criterio interpretativo, que siempre debió primar a nivel de registradores públicos, pese a no existir norma que expresamente lo contemple.

Efficiency Run Amok: Challenging The Authority Of Magistrate Judges To Hear And Accept Felony Guilty Pleas, Tomi Mendel

Vanderbilt Law Review

In an ideal world, a trial would never be unreasonably delayed or cut short. Judges would never need to juggle multiple difficult trials or drown in administrative tasks that distract from the fair adjudication of cases, and lawyers and litigants could be reassured that each judgment was arrived at fairly and after proper reflection. Congress created the magistrate system in an attempt to move the federal judiciary closer to this ideal state of affairs.' The purpose of this Article I judicial system is to facilitate the resolution of less significant disputes and speed the administration of procedural tasks. When district …

Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis

Articles

Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …

Strange Fruit: What Happened To The United States Doctrine Of Precedent?, Penelope Pether

Villanova Law Review

No abstract provided.

"Be True To What You Said On Paper": Penny Pether On The Positivism Of Law And Language, Marianne Constable

Villanova Law Review

No abstract provided.

Mos Americanus Or Common Law In Partibus Infidelium, Peter Goodrich

Villanova Law Review

No abstract provided.

Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström

Leila Brännström

The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi

Yuvraj Joshi

In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …

Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan

Donald J. Kochan

European Court Of Justice Rules In Favour Of Greater Transparency In Accessing Efsa Data, Luis González Vaqué

Luis González Vaqué

This commentary looks at an interesting judgment by the European Court of Justice (ECJ) on 16 July. The judgment relates to plant protection products, but as it seeks to achieve levels of transparency capable of overcoming the lack of trust towards the European Food Safety Authority (EFSA) - often accused of being biased for using experts with vested interests because of their industry associations - it may also be relevant to the food sector, given that the EFSA deals with many authorization procedures, opinions, etc. related to food products.

Resumen de la conferencia pronunciada el 10.11.2015 en San Cugat del …

El Tjue Confirma Y Precisa Su Jurisprudencia Sobre La Eficacia Informativa De La Lista De Ingredientes: La Sentencia “Teekanne” De 4 De Junio De 2015, Luis González Vaqué

Luis González Vaqué

The ECJ Chamber) ruled that articles 2(1)(a)(i) and 3(1)(2) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009, must be interpreted as precluding the labelling of a foodstuff and methods used for the labelling from giving the impression, by means of the appearance, description or pictorial representation of a particular ingredient, that that ingredient is present, …

Democracy And Torture, Patrick A. Maurer

Patrick A Maurer

September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.

"La Buena Fe Registral" ... ¿A Favor De La Propiedad No Inscrita?, Julio Eduardo Pozo Sánchez

Julio Eduardo Pozo Sánchez

El autor comenta la contradicción entre dos (2) ejecutorias de la Corte Suprema, expedidas por la misma Sala Civil Permanente casi inmediatamente. Además, critica que se utilice un mismo criterio ("la buena fe registral") para favorecer una u otra posición en el conflicto: propiedad no inscrita vs. embargo inscrito.

Earthonomics: Balancing Between Earth And Business, Yazen Abdin

Environmental and Earth Law Journal (EELJ)

Economists consistently fail to account that Earth has a finite amount of resources. This article analyzes the behavior of corporate America and the effect it has on the world form an Earth jurisprudence standpoint. It will explore twp specific industries, oil and food, and what role they have played in the environment's health. It also explores potential solutions.

Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Karen Zagrodny Consalo

Environmental and Earth Law Journal (EELJ)

There are over 9,000 Formerly Used Defense Sites in the United States. One of these sites, the Pine Castle Jeep Range, was located in what is now east Orlando. As a defense site during World War II, the area was intentionally bombarded with among other things, explosive and chemical bombs. Fifty years later, a population boom drew many to purchase their homes in the same area. This article examines the history of the Pine Castle Jeep Range and the issues resulting from subsequent increase in population. The author hopes this article will provide practical legal and technological advice for other …

Responding To The Great Work: The Role Of Earth Jurisprudence And Wild Law In The 21st Century, Dr. Michelle Maloney, Sister Pat Siemen Op, Jd

Environmental and Earth Law Journal (EELJ)

In this lead article, the authors build on the idea that we do not need more environmental law in response to the deteriorating health of the natural world. Rather, they argue that what is needed are different approaches to managing human relationships with the earth. They argue that the burgeoning Earth jurisprudence movement offers a deep philosophical anchor and a range of practical and multi-disciplinary approaches necessary to create law reform and societal change that will better support the natural world and human societies than our current system. The authors will outline the origins and key elements of the Earth …

Texas Colonias: Injustice By Definition, Caitlin Lewis

Environmental and Earth Law Journal (EELJ)

Colonias are usually characterized as rural or semi-rural slums inhabited by Mexican-origin immigrants and Mexican Americans. This Comment examines the socioeconomic and environmental burdens faced by Texas colonias and the public and private attempts to address these hardships.

The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb

Electronic Thesis and Dissertation Repository

This project develops an interpretive account of the single reasonableness standard as it has evolved in the Canadian Supreme Court case law since its introduction in New Brunswick (Board of Management) v. Dunsmuir. My analyses show, contrary to the bulk of the academic commentary, that reasonableness is a clear and coherent standard of review. Specifically I show that in the eyes of the Court, interference owing to unreasonableness is required only when decisions are not justified in the context of the legal framework. Unjustified decisions demand interference because they are arbitrary in the sense that the powers of the …

The Liberal As An Enemy Of Queer Justice, Craig Schamel

Catalyst: A Social Justice Forum

Abstract

Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …

Access To Justice For A New Century: The Way Forward, Julia H. Bass, W. A. Bogart, Frederick H. Zemans

Frederick H. Zemans

This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions.

Access to Justice for a New Century is based on papers given at an international symposium presented by the Law Society of Upper Canada, sponsored by the Law Foundation of Ontario.

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

François Tanguay-Renaud

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

Not A System But An Order: Explaining The Legality Of The European Union, Michael Giudice, Keith Culver, Wil Waluchow, François Tanguay-Renaud

François Tanguay-Renaud

Keith Culver, Professor, UniverSud, and Micheal Guidice, Associate Professor of Philosophy, York University, explore the foundations of the legal system of the European Union.

Respondent: Wil Waluchow, McMaster University.

The Amazing Three-Headed Limited Partner: Reflections On Old Loopholes And New Jurisprudence, Lisa Philipps

Lisa Philipps

No abstract provided.

Constitutional Law, Import-Export Clause: Non-Discriminatory, Fairly Apportioned Excise Tax Applied To Stevedoring Companies Loading And Unloading Goods In Imports And Export Transit Does Not Constitute An Import Or Duty Within The Prohibition Of The Import-Export Clause, Tony G. Mills

Georgia Journal of International & Comparative Law

No abstract provided.

The Last Emperor?, Allan C. Hutchinson

Allan C. Hutchinson

No abstract provided.