Law Commons^™

The Democracy-Forcing Constitution, Neal Devins

Michigan Law Review

During my freshman year in college, I was told not to judge a book by its cover. The book in question - Lolita; the cover suggested something quite salacious. My professor explained that a soldier, who had purchased Lolita to work out some of the kinks of military life, found himself tossing the book out, proclaiming in disgust "Literature!" Well, I cannot claim precisely the same reaction to Cass Sunstein's One Case at a Time (my expectations were lower than the soldier's). Nevertheless, for those expecting a lefty defense of judicial restraint, One Case at a Time is not your …

Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder

William & Mary Law Review

No abstract provided.

Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

Follow A Rule/Follow A Rhythm: Sharing Practice In A Gitano Quarter In Jerez, Andalucia, Susan G. Drummond, Jean-Marc Sellen

Cardozo Law Review

No abstract provided.

The Anatomy In Property Law: "It's Not About Sex," Or Is It?, David S. Caudill

Cardozo Law Review

No abstract provided.

Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro

University of Miami Inter-American Law Review

No abstract provided.

The Anti-Essentialism V. Essentialism Debate In Feminist Legal Theory: The Debate And Beyond, Jane Wong

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond

Indiana Law Journal

No abstract provided.

Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks

Articles

The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …

What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel

Articles

The article explores the tension between the universality of human rights and the challenges posed by cultural relativism, emphasizing the need to reconcile these perspectives to address human rights violations effectively. While human rights are foundational and inherent to all individuals, their application must navigate cultural, moral, and legal complexities. The discussion highlights the importance of dialogue and adaptability in upholding universal principles while respecting diverse contexts.

Appendix: Biographies Of Participants , American University Law Review

American University Law Review

No abstract provided.

Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri

Dalhousie Law Journal

Over the past few years, the "contextual approach" to law has acquired considerable cachet in juridical discourses across the country. In the Supreme Court of Canada, contextualism is now the new standard of judicial analysis and accountability This article analyzes a decade of Supreme court jurisprudence on Charter interpretation, statutory interpretation and the common law in order to fully explicate what contextualism in law is, where it came from, and how it has achieved its current pre-eminent status. The future promise of the contextual approach is also here canvassed through a dialectical engagement with postmodernist concerns respecting inherent legal indeterminacies.

Is Progressive Constitutionalism Possible?, Robin West

Georgetown Law Faculty Publications and Other Works

Progressivism is in part a particular moral and political response to the sadness of lesser lives, lives unnecessarily diminished by economic, psychic and physical insecurity in the midst of a society or world that offers plenty. This insecurity is unjust and should end; the suffering should be alleviated, and those lives should be enriched. To do so must be one of the goals of a morally just or justifiable state. Not all suffering and not all lesser lives, of course, give rise to such a response. The suffering attendant to accident, disease, war and happenstance is neither entirely chargeable to …

Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner

All Faculty Scholarship

No abstract provided.

Jural Districting: Selecting Impartial Juries Through Community Representation, Kim Forde-Mazrui

Vanderbilt Law Review

Court reformers continue to debate over efforts to select juries more diverse than are typically achieved through existing procedures. Controversial proposals advocate race-conscious methods for selecting diverse juries. Such efforts, however well-intentioned, face constitutional difficulties under the Equal Protection Clause, which appears to preclude any use of race in selecting juries. The challenge thus presented by the Court's equal protection jurisprudence is whether jury selection procedures can be designed that effectively enhance the representative character of juries without violating constitutional norms.

Professor Forde-Mazrui offers a novel insight for resolving this challenge. Analogizing juries to legislatures, he applies electoral districting principles …

Foreign Banks In Mexico: On The Verge Of A New Era?, Agustin Berdeja-Prieto, Adrian Zubikairi Arriola

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review

American University Law Review

No abstract provided.

The Securitization Of Assets In Mexico, Carlos Aiza Haddad

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Benjamin Cardozo On The Supreme Court, Andrew L. Kaufman

Cardozo Law Review

No abstract provided.

The Future Of Mexican Financial Servcies Including Money Laundering Regulations, Michell Nader Schekaiban

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Cross-Border Legal Practice: The Role Of Foreign Legal Consultants, John E. Rogers

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Special Position Of Mexican Banks In The Execution And Enforcement Of Financial Agreements, Agustin Berdeja-Prieto, Mike Lubrano

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Restructuring Of Banking And Financial Services In Mexico: The Legal Reform Of The Mexican Financial System, Roberto Del Cueto, Luis Danton Martinez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Restructuring Of Mexican Financial Services And The Application Of Chapter 14 Of Nafta, John E. Rogers, Mike Lubrano, Carlos Aiza Haddad, Luis Danton Martinez, Timothy A. Canova

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Banking And Financial Reform At The Crossroads Of The Neoliberal Contagion, Timothy A. Canova

United States - Mexico Law Journal (1993-2005)

No abstract provided.

A Case Study Of Three Opportunities To Improve The Private Financial Infrastructure Of Mexico: Secured Financing Of Inventory; Accounts Receivable And Equipment; The Securitization Of Assets; The Laws Of Bankruptcy And Insolvency: A Panel Discussion, Michael Owen, Fernando Montes-Negret, Mike Lubrano, Agustin Berdeja-Prieto, Carlos Aiza Haddad, Michelle Nader Schekaiban

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Mexican Insolvency Law: Que Pasara?, Jaime Rene Guerra

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Cross-Border Movement Of Goods: Developments In U.S.-Mexico Customs Procedures (A Panel Discussion), Jimmie V. Reyna, Armando F. Beteta, Sue-Ann Linnemann, Lynn S. Preece, Adrian Vazquez Benitez

United States - Mexico Law Journal (1993-2005)

No abstract provided.