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Articles 1 - 4 of 4
Full-Text Articles in Law
Learning From Others: Sustaining The Internationalization And Globalization Of U.S. Law School Curriculums, James Maxeiner
Learning From Others: Sustaining The Internationalization And Globalization Of U.S. Law School Curriculums, James Maxeiner
All Faculty Scholarship
This address has three principal points: (1) An overview of how we are going about internationalizing the law school curriculum today in the United States; (2) Whether we are making as much progress as we should and how learning from others is central to sustaining our progress such as it is; and (3) What some of the obstacles to such learning are.
Some Realism About Legal Certainty In The Globalization Of The Rule Of Law, James Maxeiner
Some Realism About Legal Certainty In The Globalization Of The Rule Of Law, James Maxeiner
All Faculty Scholarship
The rule of law is at the heart of globalization. It promises both international and domestic routes to peace, security, democracy, human rights and sustainable development worldwide. A central tenet of the rule of law is legal certainty. For most modern jurists, it is a matter of course that legal certainty is a systemic goal, even if that goal is not always fully realized. But for American jurists who count themselves legal realists, legal certainty is not even a flawed goal; it is a childish myth. This address seeks to raise awareness of this fundamental difference and to show its …
Bringing Baseball To Israel, Kenneth Lasson
Bringing Baseball To Israel, Kenneth Lasson
All Faculty Scholarship
This brief article discusses little leagues in Israel, as well as individuals interested in baseball in that nation, especially those from the Maryland and Baltimore area. Mentioned is assistance sent to the little leagues by the Baltimore Orioles baseball team, and some of the memories of those involved of baseball in the United States, but who now reside in Israel.
Guiding Litigation: Applying Law To Facts In Germany, James Maxeiner
Guiding Litigation: Applying Law To Facts In Germany, James Maxeiner
All Faculty Scholarship
"Judges should apply the law, not make it." That plea appears perennially in American politics. American legal scholars belittle it as a "simple-minded demand" that is "silly and misleading. It is not; it is what the public rightly expects from law. H.L.A. Hart, reminded U.S. jurists that "conventional legal thought in all countries conceives as the standard judicial function: the impartial application of determinant existing rules in the settlement of disputes."
This essay discusses the German method of judicial applying of law to facts. called, in German, the "Relationstechnik," that is, in English, literally "relationship technique." This essay shows how …