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Operational Closure And Structural Coupling: The Differentiation Of The Legal System, Niklas Luhmann Mar 1992

Operational Closure And Structural Coupling: The Differentiation Of The Legal System, Niklas Luhmann

Cardozo Law Review

No abstract provided.


The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner Mar 1992

The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner

Cardozo Law Review

No abstract provided.


Law As Discourse, George P. Fletcher Mar 1992

Law As Discourse, George P. Fletcher

Cardozo Law Review

No abstract provided.


Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe Mar 1992

Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe

Cardozo Law Review

No abstract provided.


Recognizing Self-Determination In International Law: Kuwait's Conflict With Iraq, Robert E. Frankel Feb 1992

Recognizing Self-Determination In International Law: Kuwait's Conflict With Iraq, Robert E. Frankel

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Negotiating International Copyright Protection: The United States And European Community Positions, Anne Moebes Feb 1992

Negotiating International Copyright Protection: The United States And European Community Positions, Anne Moebes

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Canada's Approach To Eradicating Workplace Sexual Harassment: The Canadian Supreme Court's Janzen V. Platy Enterprises Ltd. And Its Relationship To The United States Supreme Court's Meritor Savings Bank V. Vinson, Joseph M. Pellicciotti Feb 1992

Canada's Approach To Eradicating Workplace Sexual Harassment: The Canadian Supreme Court's Janzen V. Platy Enterprises Ltd. And Its Relationship To The United States Supreme Court's Meritor Savings Bank V. Vinson, Joseph M. Pellicciotti

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


"If He Speaks Italian It's Better": Metapragmatics In Court, Marco Jacquemet Jan 1992

"If He Speaks Italian It's Better": Metapragmatics In Court, Marco Jacquemet

Communication Studies

No abstract provided.


Re-Thinking Self-Determination: A Critical Analysis Of Current International Law Theories, Deborah Z. Cass Jan 1992

Re-Thinking Self-Determination: A Critical Analysis Of Current International Law Theories, Deborah Z. Cass

Syracuse Journal of International Law and Commerce

The aim of this paper is to demonstrate the need to re-think the principle of self-determination by establishing that an undesirable level of uncertainty exists regarding the usage of the term, and to show that a major cause of the confusion is due to the inadequacy of conventional approaches. These objectives will be achieved by identifying and evaluating conflicting approaches toward the meaning of self-determination, proposing an explanation for why the debate has evolved and suggesting which approach best serves the needs of the international community.


Irreparability Irreparably Damaged, Doug Rendleman Jan 1992

Irreparability Irreparably Damaged, Doug Rendleman

Scholarly Articles

No abstract provided.


The Law Professor Refugee, Bernhard Grossfeld, Peter Winship Jan 1992

The Law Professor Refugee, Bernhard Grossfeld, Peter Winship

Syracuse Journal of International Law and Commerce

Jurists operate with, and think in, language; it is a matter of life or death for their professional activity. When their linguistic environment is changed, they lose their natural freedom of expression. They are thrown into the cage of a foreign language - a language that will seldom come as naturally as is necessary to express their creativity. He often loses his emotional and intellectual identity! In this essay we seek to cast light on this loss of identity. In doing so, we hope to bring out from the shadows some of the frustrations and tribulations of the law professor …


Expanding The Role Of The International Court Of Justice To Resolve Interethnic Conflict And Protect Minority Rights, Paul J. Magnarella Jan 1992

Expanding The Role Of The International Court Of Justice To Resolve Interethnic Conflict And Protect Minority Rights, Paul J. Magnarella

Florida State University Journal of Transnational Law & Policy

Despite the prevalence of interethnic conflict and its threat to world order, the global constitutive process offers no universal mechanism, such as an international tribunal, to adjudicate the claims advanced by non-state, ethnic minorities. This author advocates establishing such a mechanism. During our present century, the power of politicized ethnicity in international and intra-state affairs repeatedly manifests itself around the globe in countries old and new. Ethnopolitical movements involve the mobilization of people on the bases of cultural characteristics, such as language, tradition, religion, homeland, and selected physical traits. Ethnopolitics significantly affects the world order. In 1973, Walter Connor wrote: …


Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson Jan 1992

Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson

Faculty Articles and Other Publications

Those of us in legal education and in the profession of law are in debt to the Law Review for publishing in this issue the last work of the late Professor Irvin Rutter, Law, Language, and Thinking Like a Lawyer.

On the occasion of Irvin Rutter's retirement in 1980, I briefly summarized these earlier contributions, locating them within the legal realist tradition, and we awaited the publication of his last work, then still in draft not quite satisfactory to Professor Rutter. In this essay, I situate his final work on teaching law in the pragmatist tradition with special emphasis on …


Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore Jan 1992

Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore

Faculty Articles and Other Publications

This Article bridges the dichotomy between communitarian and liberal social contract conceptions of subjectivity by excavating the deeply rooted meaning of covenant as a promissory relationship constitutive of identity. I trace the covenant paradigm’s role in formative debates over the creation of “We the People” as a constitutional subject. I connect tensions in that debate with polarities between freedom and equality and between the private and social construction of first-order value claims. I argue that feminist-intersubjectivist critiques of Rawls’ Theory of Justice can benefit from a careful mining of the covenant paradigm’s emancipatory potential for metaethical and constitutional doctrine.


The Meaning Of Under Color Of Law, Steven L. Winter Jan 1992

The Meaning Of Under Color Of Law, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Critical Legal Studies, Feminism, Law And Economics, And The Veil Of Intellectual Tolerance: A Tentative Case For Cross-Jurisprudential Dialogue, Linz Audain Jan 1992

Critical Legal Studies, Feminism, Law And Economics, And The Veil Of Intellectual Tolerance: A Tentative Case For Cross-Jurisprudential Dialogue, Linz Audain

Hofstra Law Review

No abstract provided.


Moving Toward Equal Treatment Of Homosexuals, John Cary Sims Jan 1992

Moving Toward Equal Treatment Of Homosexuals, John Cary Sims

McGeorge Law Review

No abstract provided.


The International Personality Of Individuals In International Law: A Broadening Of The Traditional Doctrine, P.K. Menon Jan 1992

The International Personality Of Individuals In International Law: A Broadening Of The Traditional Doctrine, P.K. Menon

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Do-Nothing Offeree: Some Comparative Reflections, Michael Ansaldi Jan 1992

The Do-Nothing Offeree: Some Comparative Reflections, Michael Ansaldi

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner Jan 1992

Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner

Articles

No abstract provided.


The Case Of The Bogus Ballot Summary: Grose V. Firestone, Thomas C. Marks Jan 1992

The Case Of The Bogus Ballot Summary: Grose V. Firestone, Thomas C. Marks

St. Thomas Law Review

No abstract provided.


The Right To Be Heard: The Obligation Of State Courts To Pay For Interpreters For Deaf Litigants, Laura L. Rovner Jan 1992

The Right To Be Heard: The Obligation Of State Courts To Pay For Interpreters For Deaf Litigants, Laura L. Rovner

Sturm College of Law: Faculty Scholarship

In the decade since 9/11, much has been written about the “War on Terror” and the lack of justice for people detained at Guantanamo or subjected to rendition and torture in CIA black sites. A central focus of the critique is the unreviewability of Exec


Bills Of Rights And Regression To The Mean, Frank H. Easterbrook Jan 1992

Bills Of Rights And Regression To The Mean, Frank H. Easterbrook

Articles

No abstract provided.


Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein Jan 1992

Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein

Articles

No abstract provided.


Gender Is For Nouns, Richard A. Epstein Jan 1992

Gender Is For Nouns, Richard A. Epstein

Articles

No abstract provided.


The Extinction Of Nation-States, Ali Khan Jan 1992

The Extinction Of Nation-States, Ali Khan

American University International Law Review

No abstract provided.


The Extinction Of Nation-States, Ali Khan Jan 1992

The Extinction Of Nation-States, Ali Khan

American University International Law Review

No abstract provided.


Is This Really Necessary? - The Board Of Psychology: We're Okay, You're Not Jan 1992

Is This Really Necessary? - The Board Of Psychology: We're Okay, You're Not

California Regulatory Law Reporter

No abstract provided.


Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David V. Snyder Jan 1992

Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David V. Snyder

Articles by Maurer Faculty

No abstract provided.


How Does Europe Regulate Powers Within Its Corporations? What Might The Answer Mean For The U.S.? An Essay And Review Of European Company Laws: A Comparative Approach, Donald C. Jr. Dowling Jan 1992

How Does Europe Regulate Powers Within Its Corporations? What Might The Answer Mean For The U.S.? An Essay And Review Of European Company Laws: A Comparative Approach, Donald C. Jr. Dowling

Northwestern Journal of International Law & Business

European Company Laws: A Comparative Approach is a compilation of ten essays by various authors on the jurisprudence of corporate control within Europe. The book focuses on the company laws within the various member states, somewhat to the exclusion of the emerging EC-level corporate laws. Yet while European Company Laws concerns itself with member states' internal company laws, the book's goal is much loftier than merely compiling the European states' corporate statutes into some sort of practitioners' guide. Rather, European Company Laws attempts to divine jurisprudential truths about the regulation of power within the European company by examining the European …