Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Latin America (6)
- Comparative law (2)
- Latin American law (2)
- "failed law" (1)
- Age of constitutions (1)
-
- Alejandro Alvarez (1)
- American international law (1)
- Americas (1)
- Amparo (1)
- Atlantic world (1)
- Civil code (1)
- Civil law (1)
- Code (1)
- Code napoleon (1)
- Codification (1)
- Commercial code (1)
- Comparative Constitutional Law (1)
- Comparative Law (1)
- Comparative Scholarship (1)
- Comparative constitutionalism (1)
- Comte (1)
- Constitutional law (1)
- Constitutions (1)
- Cremation (1)
- Developmentalism (1)
- Disposition of cremated remains (1)
- Disputes over cremated remains (1)
- Duguit (1)
- Durkheim (1)
- Finance (1)
Articles 1 - 22 of 22
Full-Text Articles in Law
The Age Of Constitutions In The Americas, M C. Mirow
The Age Of Constitutions In The Americas, M C. Mirow
Faculty Publications
The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and …
The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez
The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez
Faculty Publications
No abstract provided.
Legal Latin Americanism, Jorge L. Esquirol
A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker
A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker
Faculty Publications
This article describes how the author integrated comparative and international law lessons into a first year course on U.S. Constitutional Law. This version of a paper originally submitted to the International Association of Law Schools Conference on Comparative Constitutional Law in 2009, has been enriched by adding citations and references to relevant papers of other conference participants. The article includes a review of the literature on teaching comparative constitutional law, basic pedagogical theory, a bibliography, some practical advice and a set of four lessons on the themes of judicial review, transnational interpretation, affirmative action and reproductive rights, complete with discussion …
The Latin American Tradition Of Legal Failure, Jorge L. Esquirol
The Latin American Tradition Of Legal Failure, Jorge L. Esquirol
Faculty Publications
No abstract provided.
The Turn To Legal Interpretation In Latin America, Jorge L. Esquirol
The Turn To Legal Interpretation In Latin America, Jorge L. Esquirol
Faculty Publications
No abstract provided.
The Social-Obligation Norm Of Property: Duguit, Hayem, And Others, M C. Mirow
The Social-Obligation Norm Of Property: Duguit, Hayem, And Others, M C. Mirow
Faculty Publications
This article discusses and analyzes the sources and methods used by Leon Duguit in constructing the social-obligation or social-function norm of property as set out in an influential series of lectures in Buenos Aires published in 1912. The work of Henri Hayem has been underappreciated in the development of Duguit's ideas. Hayem should be restored as a central influence on Duguit's thought and as one of the main and earliest proponents of the idea of the social-function norm. The article also examines the influence of Charmont, Comte, Durkheim, Gide, Hauriou, Landry, and Saleilles in Duguit's thought on property and its …
Writing The Law Of Latin America, Jorge L. Esquirol
Writing The Law Of Latin America, Jorge L. Esquirol
Faculty Publications
No abstract provided.
The Failed Law Of Latin America, Jorge L. Esquirol
The Failed Law Of Latin America, Jorge L. Esquirol
Faculty Publications
No abstract provided.
Monetizing Diaspora: Liquid Sovereigns, Fertile Workers, And The Interest-Convergence Around Remittance, Jose M. Gabilondo
Monetizing Diaspora: Liquid Sovereigns, Fertile Workers, And The Interest-Convergence Around Remittance, Jose M. Gabilondo
Faculty Publications
No abstract provided.
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod
Faculty Publications
One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute.
The author gives a brief history of …
Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo
Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo
Faculty Publications
No abstract provided.
The Future Of The Economic Analysis Of Law In Latin America: A Proposal For Model Codes, Juan Javier Del Granado, M C. Mirow
The Future Of The Economic Analysis Of Law In Latin America: A Proposal For Model Codes, Juan Javier Del Granado, M C. Mirow
Faculty Publications
Nothing excites civilian lawyers and judges more than commissions for codification. Codification is more than an academic enterprise. Codification projects directly cut across the interface between law and life. ALACDE intends to harness this Latin American interest in codification to bring the economic approach to Latin America. A new-generation law and economics civil and commercial code will be a conscious project to restate Roman law's usefulness for coping with today's problems. Through law and economics, Roman law will renew itself. As a paradigmatic private-law system, Roman law is eminently amenable to a state-of-the-art fusion with law and economics. Sensitivity to …
Titling And Untitled Housing In Panama City, Jorge L. Esquirol
Titling And Untitled Housing In Panama City, Jorge L. Esquirol
Faculty Publications
No abstract provided.
Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow
Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow
Faculty Publications
In attempting to construct United States-style judicial review for the Mexican Supreme Court in the 1880s, Ignacio Vallarta, president of the court, read Marbury in a way that preceded this use of the case in the United States. Using this surprising fact as a central example, this article makes several important contributions to the field of comparative constitutional law. The work demonstrates that through constitutional migration, novel readings of constitutional sources can arise in foreign fora. In an era when the United States Supreme Court may be accused of parochialism in its constitutional analysis, the article addresses the current controversy …
All In The Family: The Influence Of Social Networks On Dispute Processing, Manuel A. Gómez
All In The Family: The Influence Of Social Networks On Dispute Processing, Manuel A. Gómez
Faculty Publications
No abstract provided.
Sending The Right Signals: Using Rent-Seeking Theory To Analyze The Cuban Central Bank, Jose M. Gabilondo
Sending The Right Signals: Using Rent-Seeking Theory To Analyze The Cuban Central Bank, Jose M. Gabilondo
Faculty Publications
No abstract provided.
The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow
The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow
Faculty Publications
Following Maitland's famous observation on the place of the forms of action in English law at the beginning of the twentieth century, this essay argues that the Code Napoleon has had a similar effect on Latin American law. It examines various factors that have served to bury the Code and those that have served to continue its rule in Latin America. For Latin America, the author paraphrases Maitland to assert that the Code Napoleon we have buried, but it still rules us from its grave.
Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez
Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez
Faculty Publications
No abstract provided.
Continuing Fictions Of Latin American Law, Jorge L. Esquirol
Continuing Fictions Of Latin American Law, Jorge L. Esquirol
Faculty Publications
No abstract provided.
Super Regulator: A Comparative Analysis Of Securities And Derivatives Regulation In The United States, The United Kingdom, And Japan, Jerry W. Markham
Super Regulator: A Comparative Analysis Of Securities And Derivatives Regulation In The United States, The United Kingdom, And Japan, Jerry W. Markham
Faculty Publications
This article describes the development of the competing regulatory bodies for banking, insurance, securities and derivatives. It then focuses on the regulatory roles of the Securities and Exchange Commission ("SEC") and the Commodity Futures Trading Commission ("CFTC"). The competition between those two agencies and its effects are described. After that review, the article examines the roles of the FSA-GB and FSA-Japan. Finally, the article discusses the arguments favoring and disfavoring competitive regulation and tries to discern whether a unified regulatory structure such as that in Japan and England is preferable to the competitive approach of the SEC and CFTC. The …
The Fictions Of Latin American Law(Part I), Jorge L. Esquirol
The Fictions Of Latin American Law(Part I), Jorge L. Esquirol
Faculty Publications
No abstract provided.