Law Commons^™

Law Practice Of U.S. Attorneys In Mexico And Mexican Attorneys In The United States: A Status Report, Steven C. Nelson

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora

Cardozo Law Review

No abstract provided.

Foreign Investment In The Financial Sector Of Mexico, Mike Lubrano

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Literary Formalism, Legal Formalism, Jeffrey Malkan

Cardozo Law Review

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.

Judicial Reform And The Supreme Court Of Mexico: The Trajectory Of Three Years, Hector Fix-Fierro

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Mexican Justice Towards The 21st Century: The Federal Council Of The Judicature: Formation, Branches, And Operation, Mario Melgar Adalid

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Past And Possible Future Of The Collective Amparo Process (Amparo Colectivo), Lucio Cabrera Acevedo

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Law Of Amparo: A Critical Analysis Of The Function And Uses Of The Amparo Process In International Trade Law Matters, Adrian Vazquez B.

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Amparo Process In Mexico, Bruce Zagaris

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Privatization: A Case Analysis Of Special Legal Issues, Antonio Franck Cabrera

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Some Case Studies Of Joint Ventures With Mexican Ejidos, David D. Spencer, Fernando Rivadeneyra

United States - Mexico Law Journal (1993-2005)

No abstract provided.

How To Use Maquiladoras In Mexico Today, Carlos Angulo Parra

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Agricultural Disputes: Mexican Tomatoes To Florida And Washington Apples To Mexico, Michael W. Gordon, Eric Salonen, Stephen J. Powell, Patrick J. Macrory, David Hurtado Badiola, John Van Sickle

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Pandora's Amphora: The Ambiguity Of Gifts, Jeanne L. Schroeder

Articles

The law is notoriously suspicious of gifts, giving gratuitous promises less protection than contracts. An analysis based on the political philosophy of G.W.F. Hegel and the psychoanalytic theory of Jacques Lacan reveals that the law's ambivalence reflects the fundamental ambiguous nature of gifts.

The two dominant jurisprudential analyses of gift-utilitarianism and romanticism-share the single erroneous assumption that contract relations are characterized by atomistic rational behavior. The utilitarian, who views all human relations in terms of individual self-interest, analyzes gift as a primitive, incomplete, imperfect, and inferior form of contract. In contrast, the romantic, who believes that human relations can, and …

The Political Economy Of Cooperative Federalism: Why State Autonomy Makes Sense And "Dual Sovereignty" Doesn't, Roderick M. Hills Jr.

Michigan Law Review

It is commonplace to observe that "dual federalism" is dead, replaced by something variously called "cooperative federalism," "intergovernmental relations," or "marble-cake federalism." According to this conventional wisdom, state and local officials do not enforce merely their own laws in their distinct policymaking sphere. Rather, as analyzed in a voluminous literature, state and local governments also cooperate with the federal government in many policymaking areas, ranging from unemployment insurance to historic preservation. These nonfederal governments help implement federal policy in a variety of ways: by submitting implementation plans to federal agencies, by promulgating regulations, and by bringing administrative actions to enforce …

Whose Federalism, S. Elizabeth Malloy

Faculty Articles and Other Publications

This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights statutes as …

Toward The Development Of A Caribbean Jurisprudence: The Case For Establishing A Caribbean Court Of Appeal, Roget V. Bryan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Egyptian Legal System Over Twenty Years: Overview And Assesment, Ziad Bahaa-Eldin

Faculty Book Chapters

The second of two issues, this volume covers aspects of Egyptian society. Contributors include: Donald Cole, Soraya Altorki, Asef Bayat, Eric Denis, Enid Hill, Ziad Bahaeddin, Malak Rouchdy, Linda Herrera, Jim Napoli, Hussein Amin, Mahmoud al-Lozy, Cynthia Nelson, and Shahnaz Rouse.

Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry

UIC Law Review

No abstract provided.

Poststructural Analysis Of The Power And Class Behind The Formalistic Application Of Erisa Preemption Of State Law, Erik Nelson

St. Thomas Law Review

This comment presents a poststructural approach to the current formulation of the Employment Retirement Income Security Act (ERISA) of 1974. Part I details the context in which Congress created federal protection for ERISA beneficiaries. Part II illustrates how the judiciary wavered in its broad preemptive construction of ERISA before ultimately privileging a construction of ERISA which denied ERISA beneficiaries extracontractual and punitive damages. Part III will examine deconstruction and its impact on the jurisprudence of the federal courts. Part IV embarks on a deconstructionist analysis of the "relates to" preemptive provision of ERISA to reveal that the only rationality to …

A Clash Of The Titans: Judicial Deference To Arbitration And The Public Policy Exception In The Context Of Sexual Harassment, Stephen Buehrer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Whitehead's Metaphysics And The Law: A Dialogue, Jay Tidmarsh

Journal Articles

The purposes of this Article are to explore the relationship between Alfred North Whitehead's process philosophy and the nature of law, and to develop from that exploration a theory of "process jurisprudence." To some extent, this Article is a process of interpretation and imagination. Whitehead himself devoted little attention to the nature of law. Therefore, rather than attempting to declare definitively the implications of Whitehead's thought for the nature of law, this Article is structured in the form of a dialogue between "Whitehead" and a lawyer whom I have called "Chris." In Part II, as he discusses his system of …

Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie

UIC Law Review

No abstract provided.

Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland

UIC Law Review

No abstract provided.

The Invisible Man: A Call To Empower Individual Participants And Beneficiaries Against Fiduciary Breachers In Erisa Plans, 31 J. Marshall L. Rev. 553 (1998), Andrea Koutoulogenis

UIC Law Review

No abstract provided.

Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed

UIC Law Review

No abstract provided.

Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh

UIC Law Review

No abstract provided.

Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly

Michigan Journal of Gender & Law

This Article uncovers the unsettling parallels between feminism and the recent restrictions on reproductive liberty in order to reveal the threat posed by the feminist ethic of care. By critically reexamining feminism's foundation and direction, the need for greater emphasis on female individuality becomes apparent. Kelly’s contention is that such a perspective, aggressively supported by the state, will ensure feminism's progress and encourage the achievement of gender equality.