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Articles 1 - 30 of 66
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.
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
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
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
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
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
Masthead, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Editorial Notes, Rafael V. Baca, Carlos V. Quinones
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
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
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
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
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
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
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.
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
UIC Law Review
No abstract provided.