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Full-Text Articles in Law

Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr. Nov 1995

Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.

Michigan Law Review

Brer Rabbit, after claiming repeatedly that he would prefer almost anything to being thrown into the briarpatch, expressed glee once tossed there. In fact, Brer Rabbit wanted to be in the briarpatch because, like most rabbits, he could navigate the briarpatch with relative ease: the briarpatch was home.

Over the course of a century, the Supreme Court has developed a great degree of familiarity with the state action doctrine, a doctrinal briar patch. Like Brer Rabbit, the Court has disclaimed repeatedly any interest in being there.

In this article, I argue that the existing tests for establishing the presence of …


Judgment, Philippe Nonet May 1995

Judgment, Philippe Nonet

Vanderbilt Law Review

To judge, in Latin judicare, is to say the law, jus dicere, whence juris-dictio.

The above sentence is a possible answer to the question: what is judging? It spells out what the word "to judge" says, by recalling the history from which the word originates. Why would anyone ask this question? How helpful is such an answer?

Everyone knows what it is to judge. Only on the ground of such self-evidence could there be that unabating debate on the ' justification" of particular judgments, which is the day to day business of lawyering. Only because the question can be passed …


The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield Apr 1995

The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield

Osgoode Hall Law Journal

In this essay I explore what Michael Trebilcock's work in The Limits of Freedom of Contract offers feminists in terms of a resolution or transcendance of the dilemma of choice. Trebilcock's work does not address the deepest feminist concerns about conflicts between autonomy and welfare, but it does shed light on narrower versions of the dilemma, providing an analytical framework for the feminist dilemma of choice and emphasizing the pervasiveness of this problem in contract law. Trebilcock's recommendation that society simultaneously use different institutions to promote different values also has salience for the feminist dilemma of choice.


The Idea Of A Public Basis Of Justification For Contract, Peter Benson Apr 1995

The Idea Of A Public Basis Of Justification For Contract, Peter Benson

Osgoode Hall Law Journal

The essay has two main objects. The first is to take up and to develop certain of the difficulties that Professor Trebilcock finds with autonomy and welfare-based theories of contract law. The essay reaches the conclusion that efficiency, autonomy, and welfare approaches suffer from fundamental and yet qualitatively different kinds of defects. Moreover, in the course of its critical examination of these theories, the essay introduces and makes explicit an ideal of justification which The Limits of Freedom of Contract only implicitly assumes-an ideal of justification which the essay, following the recent work of Rawls, calls a "public basis of …


Critiques Of The Limits Of Freedom Of Contract: A Rejoinder, Michael J. Trebilcock Apr 1995

Critiques Of The Limits Of Freedom Of Contract: A Rejoinder, Michael J. Trebilcock

Osgoode Hall Law Journal

This rejoinder to the foregoing critiques of the author's book, The Limits of Freedom of Contract, focuses on several themes: a) what range of contractually-related issues do courts possess the requisite institutional competence to address? b) whether problematic normative issues in contract law are amenable to rational analysis and at least provisional resolution, or are inherently indeterminate, contingent, and political? c) what the value of individual autonomy implies in terms of the type of transactions parties should be permitted to engage in? d) whether an "internal" rather than consequentialist theory of contract law is conceivable? and e) whether autonomy values …


Masthead, United States-Mexico Law Journal Mar 1995

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Editorial Notes, Rafael V. Baca, Carlos V. Quinones Mar 1995

Editorial Notes, Rafael V. Baca, Carlos V. Quinones

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Front Matter, United States-Mexico Law Journal Mar 1995

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Legal Duties And Responsibilities Of Corporate Directors And Controlling Persons Of U.S. Publicly-Owned Companies, Andres V. Gil Mar 1995

Legal Duties And Responsibilities Of Corporate Directors And Controlling Persons Of U.S. Publicly-Owned Companies, Andres V. Gil

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion: Securities Law Questions And Comments On The Comparison Of Corporate And Securities Laws In Mexico And The United States, John M. Stephenson Jr., Robert L. Kimball, Andres V. Gil, Ignacio Gomez-Palacio Mar 1995

Panel Discussion: Securities Law Questions And Comments On The Comparison Of Corporate And Securities Laws In Mexico And The United States, John M. Stephenson Jr., Robert L. Kimball, Andres V. Gil, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Some Observations On United States And Mexican Corporate Law, Ignacio Gomez-Palacio Mar 1995

Some Observations On United States And Mexican Corporate Law, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion: Energy Regulation In Mexico, Ewell E. Murphy Jr., Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez Mar 1995

Panel Discussion: Energy Regulation In Mexico, Ewell E. Murphy Jr., Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Electric Energy Legal And Regulatory Structure In Mexico And Opportunities After Nafta, William D. Degrandis, Michael L. Owen Mar 1995

Electric Energy Legal And Regulatory Structure In Mexico And Opportunities After Nafta, William D. Degrandis, Michael L. Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Back To The Future? The Prospects For State Monopoly In Hydrocarbons And Electric Power Under Article 27 Of The Mexican Constitution, Ewell E. Murphy Jr. Mar 1995

Back To The Future? The Prospects For State Monopoly In Hydrocarbons And Electric Power Under Article 27 Of The Mexican Constitution, Ewell E. Murphy Jr.

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Regulation Of Solid Fuels And Mining In Mexico, Abdon Hernandez Mar 1995

The Regulation Of Solid Fuels And Mining In Mexico, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion: A Hypothetical Problem On Energy Development In Mexico, Michael W. Gordon, Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez, Suedeen G. Kelly, William M. Wilson Jr. Mar 1995

Panel Discussion: A Hypothetical Problem On Energy Development In Mexico, Michael W. Gordon, Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez, Suedeen G. Kelly, William M. Wilson Jr.

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion: A Hypothetical Problem On Securities Law, Michael W. Gordon, Robert L. Kimball, Andres V. Gil, Ignacio Gomez-Palacio Mar 1995

Panel Discussion: A Hypothetical Problem On Securities Law, Michael W. Gordon, Robert L. Kimball, Andres V. Gil, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Institutional Framework Of The North American Agreement On Labor Cooperation, Jorge F. Perez-Lopez Mar 1995

The Institutional Framework Of The North American Agreement On Labor Cooperation, Jorge F. Perez-Lopez

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Labor Cooperation Agreement Among Mexico, Canada And The United States: Its Negotiation And Prospects, Robert E. Herzstein Mar 1995

The Labor Cooperation Agreement Among Mexico, Canada And The United States: Its Negotiation And Prospects, Robert E. Herzstein

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion: The Challenges And Opportunities Under The Nafta Labor Cooperation Agreement, James F. Smith, Lance A. Compa, Robert E. Herzstein, Michael J. O'Neill, Jorge F. Perez-Lopez Mar 1995

Panel Discussion: The Challenges And Opportunities Under The Nafta Labor Cooperation Agreement, James F. Smith, Lance A. Compa, Robert E. Herzstein, Michael J. O'Neill, Jorge F. Perez-Lopez

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The First Nafta Cases: A New International Labor Rights Regime Takes Shape, Lance A. Compa Mar 1995

The First Nafta Cases: A New International Labor Rights Regime Takes Shape, Lance A. Compa

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Administration Of Justice In Mexico: What Does The Future Hold, Rafael Estrada Samano Mar 1995

Administration Of Justice In Mexico: What Does The Future Hold, Rafael Estrada Samano

United States - Mexico Law Journal (1993-2005)

No abstract provided.


A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns Mar 1995

A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns

BYU Law Review

No abstract provided.


The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy Jan 1995

The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy

University of Michigan Journal of Law Reform

This Note discusses the quid pro quo requirement under the Hobbs Act, a federal criminal statute which applies to bribery by public officials. The author first describes two recent decisions by the Supreme Court, McCormick v. United States and Evans v. United States, which established slightly different versions of a quid pro quo requirement in public corruption prosecutions under the Hobbs Act. The author then explains that the lower federal courts interpreting McCormick and Evans have molded the quid pro quo requirement so that a prosecutor must prove in all public corruption cases under the Hobbs Act that the …


Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen Jan 1995

Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen

American University Law Review

No abstract provided.


Obligations Of Hiv-Infected Health Professionals To Inform Patients Of Their Serological Status: Evolving Theories Of Liability, 27 J. Marshall L. Rev. 317 (1994), Theodore R. Leblang Jan 1995

Obligations Of Hiv-Infected Health Professionals To Inform Patients Of Their Serological Status: Evolving Theories Of Liability, 27 J. Marshall L. Rev. 317 (1994), Theodore R. Leblang

UIC Law Review

No abstract provided.


The Illusion And Allure Of Textualism, Stephen A. Plass Jan 1995

The Illusion And Allure Of Textualism, Stephen A. Plass

Villanova Law Review

No abstract provided.


The Liability Of Blood Banks And Manufacturers Of Clotting Products To Recipients Of Hiv-Infected Blood: A Comparison Of The Law And Reaction In The United States, Canada, Great Britain, Ireland, And Australia, 27 J. Marshall L. Rev. 465 (1994), Joseph Kelly Jan 1995

The Liability Of Blood Banks And Manufacturers Of Clotting Products To Recipients Of Hiv-Infected Blood: A Comparison Of The Law And Reaction In The United States, Canada, Great Britain, Ireland, And Australia, 27 J. Marshall L. Rev. 465 (1994), Joseph Kelly

UIC Law Review

No abstract provided.


The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty Jan 1995

The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty

UIC Law Review

No abstract provided.


A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter Jan 1995

A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter

UIC Law Review

No abstract provided.