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The Marriage Amendments, Equality And Partner Benefits: A Letter To The City Council Of Moscow, Idaho, Elizabeth Brandt Jan 2009

The Marriage Amendments, Equality And Partner Benefits: A Letter To The City Council Of Moscow, Idaho, Elizabeth Brandt

Articles

No abstract provided.


Developing Consumer Subjectivity In Ireland: 1900-80, Paddy Dolan Jan 2009

Developing Consumer Subjectivity In Ireland: 1900-80, Paddy Dolan

Articles

The development of consumer subjectivity cannot be solely understood in terms of the intentions, strategies and discursive practices emanating from diverse power centres. Following Elias, and using Ireland as an empirical case, the consumer is presented as undergoing a shift along a continuum of We–I balances towards the latter pole. This occurs within the context of increasing social interdependencies, functional specialization and social integration. Through complex, unplanned social processes over time, the consumer is seen more individualistically. I conclude by suggesting that there are opportunities to synthesize figurational and Foucauldian approaches to consumer subjectivity once long-term social change is prioritized.


The Supremacy Of Ec Law In Ireland, Elaine Fahey Jan 2009

The Supremacy Of Ec Law In Ireland, Elaine Fahey

Articles

No abstract provided.


Reframing The Independence V. Accountability Debate: Defining Judicial Structure In Light Of Judges' Courage And Integrity, David Pimentel Jan 2009

Reframing The Independence V. Accountability Debate: Defining Judicial Structure In Light Of Judges' Courage And Integrity, David Pimentel

Articles

No abstract provided.


The President And Immigration Law, Adam B. Cox, Cristina M. Rodriguez Jan 2009

The President And Immigration Law, Adam B. Cox, Cristina M. Rodriguez

Articles

The plenary power doctrine sharply limits the judiciary's power to police immigration regulation - a fact that has preoccupied immigration law scholars for decades. But scholars' persistent focus on the distribution of power between the courts and the political branches has obscured a second important separation-of-powers question: how is immigration authority distributed between the political branches themselves? The Court's jurisprudence has shed little light on this question. In this Article, we explore how the allocation of regulatory power between the President and Congress has evolved as a matter of political and constitutional practice. A long-overlooked history hints that the Executive …


The Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg Jan 2009

The Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg

Articles

This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court; (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes; (3) liberalization reduces the government’s ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using …


Lessons From The Common Law Of Reasonable Expectations, Richard A. Epstein Jan 2009

Lessons From The Common Law Of Reasonable Expectations, Richard A. Epstein

Articles

No abstract provided.


A New Proposal For Loan Modifications, Christopher Mayer, Edward Morrison, Tomasz Piskorski Jan 2009

A New Proposal For Loan Modifications, Christopher Mayer, Edward Morrison, Tomasz Piskorski

Articles

No abstract provided.


Explaining Theoretical Disagreement, Brian Leiter Jan 2009

Explaining Theoretical Disagreement, Brian Leiter

Articles

Scott Shapiro has recently argued that Ronald Dworkin posed a new objection to legal positivism in Law's Empire, to which positivists, he says, have not adequately responded. Positivists, the objection goes, have no satisfactory account of what Dworkin calls "theoretical disagreement" about law, that is, disagreement about "the grounds of law" or what positivists would call the criteria of legal validity. I agree with Shapiro that the critique is new but disagree that it has not been met. Positivism cannot offer an explanation that preserves the "Face Value" of theoretical disagreements, because the only intelligible dispute about the criteria of …


The Future Of Law And Development, Tom Ginsburg Jan 2009

The Future Of Law And Development, Tom Ginsburg

Articles

No abstract provided.


The Perils Of Religious Passion: A Response To Professor Samuel Calhoun, Geoffrey R. Stone Jan 2009

The Perils Of Religious Passion: A Response To Professor Samuel Calhoun, Geoffrey R. Stone

Articles

No abstract provided.


The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa Jan 2009

The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa

Articles

No abstract provided.


From Blackstone To Holmes: The Revolt Against Natural Law Historic Proponents And The Critics Of Higher Law, Albert Alschuler Jan 2009

From Blackstone To Holmes: The Revolt Against Natural Law Historic Proponents And The Critics Of Higher Law, Albert Alschuler

Articles

No abstract provided.


Two Ways To Think About The Punishment Of Corporations, Albert W. Alschuler Jan 2009

Two Ways To Think About The Punishment Of Corporations, Albert W. Alschuler

Articles

No abstract provided.


Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case Jan 2009

Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case

Articles

No abstract provided.


A Global Architecture For Medical Counter-Measure Preparedness Against Bioviolence, Zachary D. Clopton, Barry Kellman Jan 2009

A Global Architecture For Medical Counter-Measure Preparedness Against Bioviolence, Zachary D. Clopton, Barry Kellman

Articles

No abstract provided.


The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner Jan 2009

The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner

Articles

Why do migrants enjoy some of the rights associated with citizenship? Existing accounts typically answer this question in terms of obligation-of a duty on the part of states to confer citizenship. Moreover, scholars tend to lump together the rights conventionally associated with citizenship when they answer this question. In contrast, this Article disaggregates the rights associated with citizenship, asks what both states and migrants want, and inquires into how the suite of rights associated with citizenship might advance those interests. States want to encourage migrants to enter their territory and to make country-specific investments, but states also have an interest …


Privacy And The Third Hand: Lessons From The Common Law Of Reasonable Expectations, Richard A. Epstein Jan 2009

Privacy And The Third Hand: Lessons From The Common Law Of Reasonable Expectations, Richard A. Epstein

Articles

No abstract provided.


Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul Crane Jan 2009

Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul Crane

Articles

No abstract provided.


Great Power Politics And The Structure Of Foreign Relations Law, Daniel Abebe Jan 2009

Great Power Politics And The Structure Of Foreign Relations Law, Daniel Abebe

Articles

No abstract provided.


The Modernizing Mission Of Judicial Review, David A. Strauss Jan 2009

The Modernizing Mission Of Judicial Review, David A. Strauss

Articles

Constitutional interpretation, as it is usually conceived, looks to the past-to an old text, to history, to precedent, to tradition-in an effort to limit political majorities But over the last generation or so, a different approach to the Constitution has emerged. That approach, which might be called modernization, tries to anticipate trends in public opinion instead of taking lessons from the past; and a modernizing court, instead of facing down popular majorities, yields when it finds out that it has misgauged public opinion. This modernizing approach has characterized the Supreme Court's recent work in many disparate areas, including, among others, …


The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein Jan 2009

The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein

Articles

This Article plays off the title of Thomas Grey's well-known article, The Disintegration of Property, which argued in part that the ceaseless consensual fragmentation and recombination of property rights revealed some inner incoherence of the underlying private property institutions. I take the opposite position and treat this supposed disintegration of private property as evidence of its robust nature, not only for land but for all forms of intellectual property. Low transaction costs facilitate the creation of efficient regimes of property rights. I use this framework to critique modern intellectual property rights cases that limit the use of injunctive relief in …


Property Rights, State Of Nature Theory, And Environmental Protection, Richard A. Epstein Jan 2009

Property Rights, State Of Nature Theory, And Environmental Protection, Richard A. Epstein

Articles

No abstract provided.


Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg, Glenn Hoetker Jan 2009

Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg, Glenn Hoetker

Articles

This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court, (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes, (3) liberalization reduces the government's ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using …


The Civilizing Of Hurling In Ireland, Paddy Dolan, John Connolly Jan 2009

The Civilizing Of Hurling In Ireland, Paddy Dolan, John Connolly

Articles

This essay examines the sport of hurling in Ireland through the theoretical framework of sport and leisure developed by Elias and Dunning. Through an analysis of newspaper reports of games, of rulebooks and codes of play, as well as historical data on increasing social differentiation and integration, we argue that hurling has undergone sportization and civilizing processes. However, due to the unevenness of wider figurational shifts these processes have been non-linear and fragile. Gradually, we see increasing numbers of rules, as well as increasing severity of punishment for the breaking of specific rules relating to violent play. The level and …


Divided By Common Language: ‘Capture’ Theories In Gatt/Wto And The Communicative Impasse, Dongsheng Zang Jan 2009

Divided By Common Language: ‘Capture’ Theories In Gatt/Wto And The Communicative Impasse, Dongsheng Zang

Articles

This article tries to present an analytic framework for the understanding of WTO's failure in the Doha Round negotiations.


Harm, Ambiguity, And The Regulation Of Illegal Contracts, Adam Badawi Jan 2009

Harm, Ambiguity, And The Regulation Of Illegal Contracts, Adam Badawi

Articles

No abstract provided.


Foreign Officials And Sovereign Immunity In U.S. Courts, Curtis A. Bradley Jan 2009

Foreign Officials And Sovereign Immunity In U.S. Courts, Curtis A. Bradley

Articles

The Foreign Sovereign Immunities Act (FSIA) provides that foreign states shall be immune from the jurisdiction of U.S. courts unless the suit falls within a specified statutory exception to immunity. There is currently a conflict among the federal circuit courts over whether suits against individual foreign officials are covered by the FSIA. If such suits are not covered by the FSIA, additional questions are raised concerning a possible common law immunity for foreign officials. This Insight describes both the conflict and the additional questions.


Foreword: Fault In Contract Law, Omri Ben-Shahar, Ariel Porat Jan 2009

Foreword: Fault In Contract Law, Omri Ben-Shahar, Ariel Porat

Articles

No abstract provided.


Rule Of Law: What Does It Mean?, Robert Stein Jan 2009

Rule Of Law: What Does It Mean?, Robert Stein

Articles

I congratulate the Editors of the Journal of International Law on organizing this Symposium on the subject of the Rule of Law, specifically, Creating a Rule of Law Culture. The Journal was established during the time I served as Dean of the Law School, and I take pride in the way it has grown through the years.