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From Federalism To Intersystemic Governance: The Changing Nature Of Modern Jurisdiction, Robert B. Ahdieh
From Federalism To Intersystemic Governance: The Changing Nature Of Modern Jurisdiction, Robert B. Ahdieh
Faculty Scholarship
At heart, this introductory essay aspires to encourage scholars who write in widely divergent areas, yet share a focus on the changing nature of jurisdiction, to engage one another more closely. From Jackson's study of "convergence, resistance, and engagement" among courts, Kingsbury's study of "global administrative law," and Bermann's analysis of "transatlantic regulatory cooperation," to Resnik's evaluation of "trans-local networks," Weiser's account of "cooperative federalism" in telecommunications law, and Thompson's concept of "collaborative corporate governance," a related set of questions is ultimately at stake: How ought we understand the reach of any given decision-maker's jurisdiction? What are the implications of …
One More Final Exam?, Edward H. Cooper
One More Final Exam?, Edward H. Cooper
Articles
An invitation to relive the agonies of yesteryear by taking an examination question, even a brief one, may seem easy to refuse. Admitting that the subject is Civil Procedure may seal the issue. But this question triggers a reflex that should be common to all lawyers. Try it. After thinking aobut the question - if you frame your answer without writing it out, less than 20 minutes will do - go on to the explanation of the question's origin and my own answer.
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Articles
The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …