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Articles 1 - 11 of 11

Full-Text Articles in Law

Conflicts Law: State Or Federal, Gene R. Shreve Jul 1993

Conflicts Law: State Or Federal, Gene R. Shreve

Indiana Law Journal

No abstract provided.


United States V. Ja Vino: Reconsidering The Relationship Of Customary International Law To Domestic Law, Eric George Reeves Mar 1993

United States V. Ja Vino: Reconsidering The Relationship Of Customary International Law To Domestic Law, Eric George Reeves

Washington and Lee Law Review

No abstract provided.


Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman Mar 1993

Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman

Michigan Law Review

This colloquy was organized around the unpleasant hypothesis that the Supreme Court would overrule Roe v. Wade and that Congress would not fill the resulting void with federal legislation. The abortion debate would then move to the states, where local majorities could enact their own resolutions. If the local majorities were large enough, they could even write their local resolutions into their state constitutions. The contrasting state constitutions that could result might then replicate the comparativists' current juxtaposition between the U.S. Constitution and the constitutions of Germany and Ireland. In some states, prohibition of abortion would be constitutionally required, while …


"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer Mar 1993

"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

Michigan Law Review

In a prior article, I addressed the problem of extraterritorial abortions under the assumption that the federal constitutional right of reproductive choice would be repudiated by the Supreme Court on Justice Scalia's theory that such rights lack sufficiently deep roots in the history and traditions surrounding the framing of the Constitution and the Fourteenth Amendment. I argued there that a constitutional methodology that relied on traditions and expectations of the Framers would provide a strong basis for concluding that the Constitution imposes severe limits on states' power to project their moralities extraterritorially. If Justice Scalia is serious about a regard …


Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer Mar 1993

Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer

Michigan Law Review

State laws differ, and they differ on issues of tremendous importance to the ways that we conduct our lives. Abortion and the right to die are two issues on which state law intersects with deeply held moral convictions, and on which state laws vary. With so much hanging in the balance, it is not surprising that those who find themselves outvoted or outmaneuvered in local political processes sometimes seek a legal climate more compatible with their beliefs about human decency and dignity. The right to "vote with one's feet" - to travel or move to another state and trade a …


Interest Analysis, State Sovereignty, And Federally-Mandated Choice Of Law In "Mass Tort" Cases, Robert A. Sedler Jan 1993

Interest Analysis, State Sovereignty, And Federally-Mandated Choice Of Law In "Mass Tort" Cases, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56 Jan 1993

Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56

Constitutional Law

No abstract provided.


Modern Maryland Conflicts: Backing Into The Twentieth Century One Hauch At A Time, Richard W. Bourne Jan 1993

Modern Maryland Conflicts: Backing Into The Twentieth Century One Hauch At A Time, Richard W. Bourne

University of Baltimore Law Review

No abstract provided.


Blackmailers, Bribe Takers, And The Second Paradox, Sidney Delong Jan 1993

Blackmailers, Bribe Takers, And The Second Paradox, Sidney Delong

Faculty Articles

An adequate theoretical justification for the prohibition of blackmail should explain both of its paradoxes. However, a review of contemporary theories of blackmail shows that they are able neither to explain why blackmail is criminalized nor to rationalize the different treatment of blackmail and bribery. This review suggests that the paradoxes of blackmail may not yield to rational analysis. In contrast to deductive analyses premised on rights or economics, this paper offers an account of bribery and blackmail that is premised on their different social meanings. The author suggests that the legal and moral treatment of bribery and blackmail spring …


Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen Jan 1993

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Faculty Scholarship

Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …


Conflict Of Laws In Canada: The Case For An Interpretive Approach, Shelley M. Kierstead Dec 1992

Conflict Of Laws In Canada: The Case For An Interpretive Approach, Shelley M. Kierstead

Shelley M. Kierstead

In this work, current Canadian conflict of laws principles arc canvassed in order to assess whether the methodology underlying the adjudication of conflicts cases has shed its formalist roots, and to determine the extent to which judges have become aware of the need to consider Canada’s constitutional realities when deciding such cases. Additionally, an examination of the applicability of the Canadian Charter of Rights and Freedoms to questions of jurisdiction and choice of law is undertaken. It is argued throughout the thesis that the Supreme Court of Canada holds the key to integrating federalism concerns with conflicts cases. A survey …