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Articles 12991 - 13020 of 16638
Full-Text Articles in Entire DC Network
Textualism And The Dead Hand Of The Past, Michael W. Mcconnell
Textualism And The Dead Hand Of The Past, Michael W. Mcconnell
Articles
No abstract provided.
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Articles
Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …
Why Quine Is Not A Postmodernist, Brian Leiter
Indigenous Peoples And International Law: The Case Of Ecuador, Francisco Lopez Bermudez
Indigenous Peoples And International Law: The Case Of Ecuador, Francisco Lopez Bermudez
St. Thomas Law Review
The present Article focuses on the study of international law and indigenous peoples with a special reference to the practice of the State of Ecuador in this regard. For the sake of brevity, only the work of the international community since the establishment of the United Nations will be taken into consideration.
Common Roots But Modern Divergences: Aboriginal Policies In Canada And The United States, Bradford W. Morse
Common Roots But Modern Divergences: Aboriginal Policies In Canada And The United States, Bradford W. Morse
St. Thomas Law Review
In this essay, I will attempt to provide an overview of some of the major issues that confront Aboriginal and non-Aboriginal Canadians in their search to forge a reconciliation that overcomes historic injustices committed upon the First Peoples of the land now known as Canada and to establish a new relationship built upon trust and mutual respect. I will also offer some insights on the negotiations underway acquired from the vantage point of someone who has served as a legal advisor to many First Nations and Aboriginal organizations for sixteen years, followed by three years as chief of staff to …
Does Duncan Kennedy Wear Boxers Or Briefs? Does Richard Posner Ever Sleep? Writing About Jurisprudence, High Culture And The History Of Intellectuals (Review Essay), John Henry Schlegel
Does Duncan Kennedy Wear Boxers Or Briefs? Does Richard Posner Ever Sleep? Writing About Jurisprudence, High Culture And The History Of Intellectuals (Review Essay), John Henry Schlegel
Book Reviews
Reviewing Neil Duxbury, Patterns of American Jurisprudence(1995).
The Committee On The Regions And The Role Of Regional Governments In The European Union, Naomi Roht-Arriaza
The Committee On The Regions And The Role Of Regional Governments In The European Union, Naomi Roht-Arriaza
UC Law SF International Law Review
The process of European integration has been accompanied by a movement towards decentralization and devolution of power in many states within the European Union (EU). Subnational governments like L.nder, regions, or autonomous communities are seeking increased participation in the design and implementation of EU policies and in EU-level institutions. This Article explores the role of regions within the EU. It considers why subnational governments have assumed a growing role in European affairs, summarizes the mechanisms available in the most decentralized states for subnational input into EU policy formulation and implementation. It then focuses on the institutional mechanisms devised to allow …
Constraint And Confession, Albert W. Alschuler
The Modern Uses Of Ancient Law, Richard A. Epstein
The Problematics Of Moral And Legal Theory, Richard A. Posner
The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
The term self-determination still teeters on the borders of evolving legal precept, expression of political will, and universal human aspiration. The concept never quite settles down into a black letter law pronouncement or a clearly understood political dynamic.
Russian Minorities In The Newly Independent States, John Quigley
Russian Minorities In The Newly Independent States, John Quigley
ILSA Journal of International & Comparative Law
One of the legal issues left by recent territorial change in Eastern Europe is the status of persons of a former majority group who become a minority. This issue has presented particular difficulties where, the remaining population is of an ethnic group that formerly held a predominant role vis-d-vis an ethnic group that, as a result of the territorial change, has become a majority.
A Fronte Praecipitium A Tergo Lupi:' Towards An Assessment Of The Trial Of Dusko Tadic Before The Icty, Raymond M. Brown
A Fronte Praecipitium A Tergo Lupi:' Towards An Assessment Of The Trial Of Dusko Tadic Before The Icty, Raymond M. Brown
ILSA Journal of International & Comparative Law
The voyage towards an evaluation of the first international war crimes trial in fifty years is perilous
Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Al-Hibri
Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Al-Hibri
American University International Law Review
No abstract provided.
The In/Into Controversy: Lubet Misses The Point, J. Alexander Tanford
The In/Into Controversy: Lubet Misses The Point, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg
Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal
This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal
UIC Law Review
No abstract provided.
Legislative Approaches To Reducing The Hegemony Of The Priestly Model Of Medicine, Nancy K. Kubasek
Legislative Approaches To Reducing The Hegemony Of The Priestly Model Of Medicine, Nancy K. Kubasek
Michigan Journal of Gender & Law
This Article presents the case that the legal culture in many ways undergirds the priestly model's hegemony over the therapeutic relationship between a woman and her doctor. To the extent that law provides this fundamental support, it legitimizes the mistreatment of women, especially with respect to their reproductive health. The implications are that the movement toward a more just legal culture necessitates the extirpation of this support.
Science And International Regulatory Convergence, Jeffery Atik
Science And International Regulatory Convergence, Jeffery Atik
Northwestern Journal of International Law & Business
National regulation is frequently premised on scientific assump- tions; much of regulatory design is based on scientific findings. Con- sumer product, food and drug and workplace safety standards all depend on a scientific assessment of the risks faced by the public and of the efficacy of an adopted measure in addressing these risks. Build- ing codes, waste disposal protocols and mandated immunization of school children all proceed from the technical recommendations of the scientific community. In current Western society, a regulatory measure lacking a scien- tific basis will be subject to criticism and perhaps ridicule; it may be struck down …
Jewish Legal Theory And American Constitutional Theory: Some Comparisons And Contrasts, Samuel J. Levine
Jewish Legal Theory And American Constitutional Theory: Some Comparisons And Contrasts, Samuel J. Levine
UC Law Constitutional Quarterly
In recent years, American legal scholars have relied increasingly on Jewish law. Scholars have employed concepts from Jewish law in the analysis of health law, criminal law, legal ethics, legal interpretation, and constitutional law. Despite this trend, legal scholars continue to debate the value and validity of applying Jewish legal principles to American legal theory. This Article explores some of the ways in which Jewish law may shed light on issues in American constitutional theory. While acknowledging that there are fundamental differences between a religious legal system and a secular one, this Article argues that certain conceptual similarities between American …
Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager
Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager
Faculty Scholarship
Agreeing with William Stuntz's conclusion that privacy retains a significant position in the law of criminal procedure, the author defends a privacy-oriented procedural regime that can .be reconciled with an activist regulatory state. Part One of this Article suggests that the comparatively light judicial supervision of police coercion owes more to the conditions under which force is used than to what Stuntz views as the Court's indifference to what police do to us, or to its "obsession" over what police can see and hear. By redescribing questions of privacy, or questions of privacy and coercion, merely as questions of coercion, …
Fidelity Through History (Or Do It), Jack N. Rakove
Fidelity Through History (Or Do It), Jack N. Rakove
Fordham Law Review
No abstract provided.
Protecting Human Rights Through A Constitutional Court: The Case Of South Africa, Brice Dickson
Protecting Human Rights Through A Constitutional Court: The Case Of South Africa, Brice Dickson
Fordham Law Review
No abstract provided.
Twenty-First Century Wampum: The Use Of Iroquois Diplomatic Protocols In Aboriginal Land Claim Negotiations, John Tahsuda
Twenty-First Century Wampum: The Use Of Iroquois Diplomatic Protocols In Aboriginal Land Claim Negotiations, John Tahsuda
St. Thomas Law Review
No abstract provided.
Recognition And Enforcement Of Money Judgments Between The United States And Switzerland: An Analysis Of The Legal Requirements And Case Law, Yves P. Piantino
Recognition And Enforcement Of Money Judgments Between The United States And Switzerland: An Analysis Of The Legal Requirements And Case Law, Yves P. Piantino
NYLS Journal of International and Comparative Law
No abstract provided.
Sandra Del Valle: Panel One - East Harlem Girls School, Sandra Del Valle
Sandra Del Valle: Panel One - East Harlem Girls School, Sandra Del Valle
NYLS Journal of Human Rights
No abstract provided.
Who's Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine Plasencia
Who's Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine Plasencia
Seattle University Law Review
The question of why judges are concerned with justifying or defending their decisions from the followers of Derrida?, is posed in this Article both generally, as a matter of legal interpretation, and specifically, within the context of the issue(s) presented in the examined cases. By examining the concerns articulated by the judges in these cases and then referring back to the writings of Derrida, this Article describes the likely outcome if Derrida's views of (legal) interpretation are in fact applied in judicial opinion-making. In Parts II and III, this Article introduces the reader to important concepts in Derridean deconstruction. These …
Why Are U.S. Lawyers Not Learning From Comparative Law?, Ernst C. Stiefel, James Maxeiner
Why Are U.S. Lawyers Not Learning From Comparative Law?, Ernst C. Stiefel, James Maxeiner
All Faculty Scholarship
Address the problem of comparative law in the United States. Explains why comparative law matters. Gives reasons why U.S. lawyers are not learning from comparative law. These include lack of skills, lack of institutional supports, and legal structures that resist comparative law and an attitude that comparative law has little to teach.
The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
Taking From A And Giving To B: Substantive Due Process And The Case Of The Shifting Paradigm, John V. Orth
Taking From A And Giving To B: Substantive Due Process And The Case Of The Shifting Paradigm, John V. Orth
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.