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Mimesis, Imagination And Law, Marcelo C. Galuppo 2015 University of Baltimore

Mimesis, Imagination And Law, Marcelo C. Galuppo

Marcelo C Galuppo Phd

This paper assumes that a trial consists of a narrative that encompasses other narratives held in the Lawsuit. As such, the first question that arises is whether it is possible to transpose events into discourse, i.e., if it is possible to represent mimetically the reality in the judicial discourse. In order to this narrative process be legitimate, it needs to present narrative coherence so that it makes possible that other narratives (plaintiff`s, defendant`s, and witnesses` ones) be understood as dialectically overcame in sentence’s narrative. Imagination plays a key role in narratives, and especially in judicial narratives ...


0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff 2015 Law Professor

0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff

Theodore Y. Blumoff

Since 2003, death penalty jurisdictions have been permitted to use psychotropic drugs to “restore” the competency of schizophrenics so they can execute them. Exactly why it is permissible to execute a “synthetically” or “artificially” competent individual is unclear in light of Ford v. Wainwright, a 1986 decision in which the United States Supreme Court, following ancient custom and common law rule, held that the cruel and unusual prohibition of the Eighth Amendment prohibited execution of the insane. The lack of clarity follows from the inability of the Court to agree on the reason the tradition persists. Nonetheless, health care providers ...


It's All Interpretation, All The Way Down, Or, The Reason We Call It The “Practice” Of Law: With Observations From Two Different Legal Systems, John R. Prince III 2015 Wenzhou-Kean University

It's All Interpretation, All The Way Down, Or, The Reason We Call It The “Practice” Of Law: With Observations From Two Different Legal Systems, John R. Prince Iii

John R. Prince III

This article explores one aspect of the philosophy of law; not what it means to refer to “the law” but what it means to discuss the “practice of law.” That practice is identified as a discursive practice, one where a text is applied to a particular factual context, and thus an interpretive practice. However, the type of interpretation involved in the practice of law is not one of translating one verbal formulation of a rule into another verbal formulation, but the act of bridging the gap between the rule and what that rule means here, and now, in a particular ...


Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer 2015 University of Georgia School of Law

Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer

Georgia Journal of International & Comparative Law

No abstract provided.


Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979, Wilbur Owens 2015 University of Georgia School of Law

Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979, Wilbur Owens

Georgia Journal of International & Comparative Law

No abstract provided.


Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen 2015 Jenner & Block

Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen

Georgia Journal of International & Comparative Law

No abstract provided.


Chevron'S Legacy, Justice Scalia's Two Enigmatic Dissents, And His Return To The Fold In City Of Arlington, Tex. V. Fcc, Stephen J. Leacock 2015 The Catholic University of America, Columbus School of Law

Chevron'S Legacy, Justice Scalia's Two Enigmatic Dissents, And His Return To The Fold In City Of Arlington, Tex. V. Fcc, Stephen J. Leacock

Catholic University Law Review

The creation by the judiciary of the doctrine of Chevron deference to administrative agencies’ determinations, followed by the judiciary’s application and supervision of the Chevron deference doctrine in Administrative Law continue. Protection by the judiciary of the evolution of the doctrine also continues as an integral component of the judiciary’s contribution to the central objective of the three coequal branches of government to achieve for the United States a more perfect union. However, synergistic cooperation between the three branches in order to achieve that central objective requires that each branch honor its own constitutional obligation under the United ...


Permissibility Of Colour And Racial Profiling, James Singh Gill 2015 Thompson Rivers University

Permissibility Of Colour And Racial Profiling, James Singh Gill

Western Journal of Legal Studies

Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...


The Fixation Thesis: The Role Of Historical Fact In Original Meaning, Lawrence B. Solum 2015 Georgetown University

The Fixation Thesis: The Role Of Historical Fact In Original Meaning, Lawrence B. Solum

Lawrence B. Solum

The central debate in contemporary constitutional theory is the clash between originalists and living constitutionalists. Originalism is the view that the original meaning of the constitutional text should constrain or bind constitutional practice—paradigmatically, the decision of constitutional cases by the United States Supreme Court. Living constitutionalists contend that the content of constitutional law should evolve over time in response to changing values and circumstances. One of the central questions in this debate is over the question whether the meaning of the constitutional text is fixed or changeable. This essay makes the case for the Fixation Thesis—the claim that ...


Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas 2015 Western University

Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas

Western Journal of Legal Studies

This paper surveys leading and recent case law on disability with a specific focus on “non-mainstream” disabilities. Such disabilities are categorized according to the difficulty with which they can be medically diagnosed, their transient nature, and their fluctuations in severity. Jurisprudence on the duty to accommodate has been developed through what law professor Judith Mosoff classifies as “mainstream” disabilities. That is, disabilities that are better understood by employers and medical professionals, and to which the duty to accommodate more easily applies. In contrast, “non-mainstream” disabilities challenge the conventional understanding of the duty to accommodate. Standard accommodation practices do not necessarily ...


Federalism, Mandates And Individual Liberty, John T. Valauri 2015 Northern Kentucky Chase College of Law

Federalism, Mandates And Individual Liberty, John T. Valauri

John T. Valauri

FEDERALISM, MANDATES AND

INDIVIDUAL LIBERTY

ABSTRACT

This article presents the missing federalism and individual liberty portion of Chief Justice Roberts’ health care case opinion. It illuminates and reinforces the commerce power and limited and enumerated powers arguments he makes there just as the Tenth Amendment and the doctrine of federalism more generally illuminate and reinforce the commerce power and the doctrine of limited and enumerated powers in constitutional law and doctrine. It also answers and explains the claims made by the Chief Justice’s critics on and off the bench that his opinion and similar arguments made by like-thinking lower ...


Law's Legitimacy And Lon Fuller, Daniel L. Feldman 2015 John Jay College of Criminal Justice

Law's Legitimacy And Lon Fuller, Daniel L. Feldman

Daniel Feldman

Herbert Wechsler’s 1959 call for “neutral principles of constitutional law" warned that increased politicization of judicial decisions would undermine the legitimacy of law. In the absence of such principles, the perception that courts decide on the basis of partisan considerations has grown. Jurisprudential theories closely identified with one ideology or another –Justice Scalia on the right, Ronald Dworkin’s on the left, for example – contribute to the problem. The present essay argues that Lon Fuller's philosophy of law, “eunomics,” far more persuasively than the approach of any other leading modern jurisprudential scholar, provides the neutral principles needed for ...


The Lock-In Effect Of Preliminary Injunctions, Kevin J. Lynch 2015 University of Florida Levin College of Law

The Lock-In Effect Of Preliminary Injunctions, Kevin J. Lynch

Florida Law Review

One important bias economists and psychologists have identified is the lock-in effect. The lock-in effect causes a decision maker who must revisit an earlier decision to be locked in to that earlier decision. The effect is particularly pronounced where the earlier decision led to the investment of resources that cannot be recovered. Although lock-in does not prevent the decision maker from altering course, it does introduce a systemic bias that should be taken into account.

Preliminary injunctions require judges to assess the merits of a case at an early stage and then revisit the merits later. In the early stages ...


Romanticizing Democracy, Political Fragmentation, And The Decline Of American Government, Richard Pildes 2015 NYU School of Law

Romanticizing Democracy, Political Fragmentation, And The Decline Of American Government, Richard Pildes

New York University Public Law and Legal Theory Working Papers

American democratic romanticism contributes to the current dysfunctionality of the institutions of American government, or so this article argues. Three lines of thought are developed that shape this argument. First, to understand the paralysis of current American government, it is as important to focus on the problem of "political fragmentation" as on the extreme polarization of the political parties By fragmentation, I mean both the internal diffusion of political power away from the party leadership into the hands of individual members, and the external diffusion of power away from the parties to non-party organizations. Today's political polarization is a ...


The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska 2015 George Washington University Law School

The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska

Marija Dordeska

When the International Court of Justice (ICJ) resolves disputes between States, it relies on various draft articles of the International Law Commission (ILC), sometimes declaring them to be customary international law. The ICJ thereby elevates some draft articles into the sphere of customary international law, transforming them into instruments binding for the international community as a whole. However, the ICJ tends to rely on the ILC’s work only when the ILC bases its findings on ICJ or Permanent Court of International Justice’s precedents. As an alternative method of international law-making, the relationship between the ICJ and the ILC ...


Disappearing Claims And The Erosion Of Public Law, J. Maria Glover 2015 Georgetown University Law Center

Disappearing Claims And The Erosion Of Public Law, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s arbitration jurisprudence in the last five years represents the culmination of a three-decade long expansion of the use of private arbitration as an alternative to court adjudication in the resolution of disputes of virtually every type of justiciable claim. As scholars have traced, privatizing disputes that would otherwise be public may well erode public confidence in public institutions and the judicial process. Accordingly, many observers have linked this decades-long privatization of dispute resolution to an erosion of the public realm. In this piece I argue that the Court’s recent arbitration jurisprudence undermines the public law ...


Arbitration - Arbitrability Of Antitrust Claims Arising From An International Commercial Contract - Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc., 105 S. Ct. 3346 (1985)., William L. Blagg 2015 University of Georgia School of Law

Arbitration - Arbitrability Of Antitrust Claims Arising From An International Commercial Contract - Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc., 105 S. Ct. 3346 (1985)., William L. Blagg

Georgia Journal of International & Comparative Law

No abstract provided.


The Impact Of Third Preference Status (Professionals) On Immigrants As Created By The 1965 Amendment To The Immigration And Nationality Act - Retraction Of Expansion Of Degree Equivalency - Matter Of Portugues Do Atlantico Information Bureau, Inc., Debra A. Egger 2015 University of Georgia School of Law

The Impact Of Third Preference Status (Professionals) On Immigrants As Created By The 1965 Amendment To The Immigration And Nationality Act - Retraction Of Expansion Of Degree Equivalency - Matter Of Portugues Do Atlantico Information Bureau, Inc., Debra A. Egger

Georgia Journal of International & Comparative Law

No abstract provided.


The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr 2015 University of Georgia School of Law

The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration - Due Process - The Availability Of Constitutional Safeguards To Detained Cuban Aliens, Garcia-Mir V. Meese, 788 F.2d 1446 (11th Cir. 1986), Cert. Denied, 107 S. Ct. 289 (1986)., Elizabeth G. Marlowe 2015 University of Georgia School of Law

Immigration - Due Process - The Availability Of Constitutional Safeguards To Detained Cuban Aliens, Garcia-Mir V. Meese, 788 F.2d 1446 (11th Cir. 1986), Cert. Denied, 107 S. Ct. 289 (1986)., Elizabeth G. Marlowe

Georgia Journal of International & Comparative Law

No abstract provided.


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