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Articles 1 - 30 of 81
Full-Text Articles in Law
First Amendment—Campaign Finance Reform—The Supreme Court Halts The Eighth Circuit's Invalidation Of State Campaign Contribution Limits. Nixon V. Shrink Missouri Government Political Action Committee, 120 S. Ct. 897 (2000)., Erin Buford Vinett
University of Arkansas at Little Rock Law Review
No abstract provided.
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Michigan Law Review
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham
Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham
Washington and Lee Law Review
No abstract provided.
Miranda'S Fall?, Kenji Yoshino
Miranda'S Fall?, Kenji Yoshino
Michigan Law Review
If one wishes to revisit a classic, Albert Crunus's The Fall is a riskier choice than Harper Lee's To Kill a Mockingbird, which Steven Lubet eloquently discussed last year in these pages. It is not only that Camus's work will be less familiar to legal audiences than Lee's, despite the fact that The Fall is becoming recognized through critical "revisitation" as perhaps Crunus's greatest novel. It is also that the legal protagonist of The Fall, Jean-Baptiste Clamence, does not have Atticus Finch's immediate appeal. Finch is idealistic, Clamence is existential; Finch is pious, Clamence is debauched; Finch is hopeful, Clamence …
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Michigan Law Review
Many in the legal profession have abandoned the great questions of legal process. This is too bad. How a decision is reached can be as important as what the decision is. In an increasingly diverse country with many competing visions of the good, it is critical for law to aspire to agreement on process - a task both more achievable than agreement on substance and more suited to our profession than waving the banners of ideological truth. By process, I mean the institutional routes by which we in America reach our most crucial decisions. In other words, process is our …
Forensic Constitutional Interpretation, Brian F. Havel
Forensic Constitutional Interpretation, Brian F. Havel
William & Mary Law Review
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.
Masthead, United States-Mexico Law Journal
Masthead, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Transportation Of Cargo Across The U.S.-Mexico Border, Warren A. Goff
Transportation Of Cargo Across The U.S.-Mexico Border, Warren A. Goff
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Transportation Of People Across The Border, Ricardo Lan
Transportation Of People Across The Border, Ricardo Lan
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Accounting Services For The 21st Century, Patricia Hernandez-Esparza
Accounting Services For The 21st Century, Patricia Hernandez-Esparza
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Movement Of Professionals, Technicians, And Other Workers Across Nafta Borders, William J. Benos
The Movement Of Professionals, Technicians, And Other Workers Across Nafta Borders, William J. Benos
United States - Mexico Law Journal (1993-2005)
No abstract provided.
A Step In The Right Direction - Privitization Of Natural Gas Services In Mexico And An Examination Of The Burgeoning Role Of Local Distribution Companies, Rogelio Lopez Velarde
A Step In The Right Direction - Privitization Of Natural Gas Services In Mexico And An Examination Of The Burgeoning Role Of Local Distribution Companies, Rogelio Lopez Velarde
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Production And Distribution Of Electric Power In Mexico: Today And Tomorrow, James A. Dement Jr.
Production And Distribution Of Electric Power In Mexico: Today And Tomorrow, James A. Dement Jr.
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Preview Of Problems In Product Liability: U.S. And Mexico, Francisco Velazquez
Preview Of Problems In Product Liability: U.S. And Mexico, Francisco Velazquez
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Possible Privatization Of The Power Industry: A Panel Discussion, Abdon Hernandez, James A. Dement Jr., Ramiro Villarreal Morales, Michael L. Owen, Rogelio Lopez Velarde
Possible Privatization Of The Power Industry: A Panel Discussion, Abdon Hernandez, James A. Dement Jr., Ramiro Villarreal Morales, Michael L. Owen, Rogelio Lopez Velarde
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Developing A Legal Frame For Understanding The Production And Distribution Of Electricity In Mexico, Niceforo Guerrero Reynoso
Developing A Legal Frame For Understanding The Production And Distribution Of Electricity In Mexico, Niceforo Guerrero Reynoso
United States - Mexico Law Journal (1993-2005)
No abstract provided.
A Legal Analysis Of The Proposed Privatization Of The Mexican Electricity Industry, Ramiro Villarreal Morales
A Legal Analysis Of The Proposed Privatization Of The Mexican Electricity Industry, Ramiro Villarreal Morales
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Project Finance: A Hypothetical Case Involving The Financing Of A Power Generating Plant In Guanajuato, Mexico (A Panel Discussion), John Stephenson, Miguel Jauregui Rojas, Michael Owen
Project Finance: A Hypothetical Case Involving The Financing Of A Power Generating Plant In Guanajuato, Mexico (A Panel Discussion), John Stephenson, Miguel Jauregui Rojas, Michael Owen
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Product Liability Claims On Both Sides Of The Border: A Panel Discussion, Michael W. Gordon, Carlos Loperena, David Epstein, Adolfo E. Jimenez, Jose A. Santos Jr., Francisco Velazquez
Product Liability Claims On Both Sides Of The Border: A Panel Discussion, Michael W. Gordon, Carlos Loperena, David Epstein, Adolfo E. Jimenez, Jose A. Santos Jr., Francisco Velazquez
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Welcome Remarks, Jose Luis Romero Hicks
Welcome Remarks, Jose Luis Romero Hicks
United States - Mexico Law Journal (1993-2005)
No abstract provided.
A Paradigm From Securities Law Of Uninformed Supreme Court Decisionmaking, Larry D. Soderquist
A Paradigm From Securities Law Of Uninformed Supreme Court Decisionmaking, Larry D. Soderquist
Washington and Lee Law Review
No abstract provided.
Conscience, Judging, And Conscientious Judging, Gene E. Franchini
Conscience, Judging, And Conscientious Judging, Gene E. Franchini
The Journal of Appellate Practice and Process
Judging requires applying the law instead of personal morals, philosophy, or policy of the community. Doing so requires a respect for the separation of powers between branches of government. Justice Franchini of the New Mexico Supreme Court reflects on this challenge for judges through a personal anecdote.
Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis
Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis
The Journal of Appellate Practice and Process
The applicable standard of review determines how much deference an appellate court gives a lower court’s decision. Discretionary decisions are review under the “abuse of discretion” standard where the process the lower court used to reach its decision is scrutinized. Three scholars attempts to define this standard are first analyzed followed by cases that have molded the standard. Advice to practitioners concludes the article.
Foreward, Adrienne D. Davis, Joan C. Williams
Foreward, Adrienne D. Davis, Joan C. Williams
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman
Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman
Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Foreward, Adrienne D. Davis, Joan C. Williams
Foreward, Adrienne D. Davis, Joan C. Williams
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cracking Foundations As Feminist Method , Katharine T. Bartlett
Cracking Foundations As Feminist Method , Katharine T. Bartlett
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn
The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn
San Diego Law Review
American society and law display a deep reverence for the group, as long as it assumes corporate or quasi-corporate form. This reverence is not fleeting; rather, it has deep historical roots. In fact, it was there before the republic came into being and it played a profound role in the founding of the nation. Moreover, these roots are not only traditional, but philosophical and religious as well. This Article explores those roots, with three goals in mind. First, to correct the mistaken notion that American law has historically demonstrated a commitment to the individual at the expense of the group, …