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1994

Jurisprudence

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Articles 1 - 30 of 86

Full-Text Articles in Law

Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman Nov 1994

Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman

San Diego Law Review

The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial ...


Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts Nov 1994

Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts

BYU Law Review

No abstract provided.


On War And Justice, Jeffrey C. Tuomala Oct 1994

On War And Justice, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Toward Gender Equality: The Promise Of Paradoxes Of Gender To Promote Structural Change, Andrea Giampetro-Meyer Oct 1994

Toward Gender Equality: The Promise Of Paradoxes Of Gender To Promote Structural Change, Andrea Giampetro-Meyer

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

No abstract provided.


Understanding Federalism, Larry Kramer Oct 1994

Understanding Federalism, Larry Kramer

Vanderbilt Law Review

It's necessary to begin with considering the sort of judicially enforced federalism rejected in Garcia and to consider why the Court rejected it. According to this view of federalism, the Constitution leaves certain substantive affairs exclusively to the states, and what matters is making sure that states can regulate these without federal interference. So long as this domain is protected, the political significance of states is assured and federalism is secure. The federal government can, if it chooses, take charge of all those matters as to which state and federal authority is concurrent-though Congress will find this harder to ...


Hearing Women Not Being Heard: On Carol Gilligan's Getting Civilized And The Complexity Of Voice, Elizabeth M. Schneider Oct 1994

Hearing Women Not Being Heard: On Carol Gilligan's Getting Civilized And The Complexity Of Voice, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward Jul 1994

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Faculty Publications

No abstract provided.


The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank Jul 1994

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Dicta And Article Iii, Michael C. Dorf Jun 1994

Dicta And Article Iii, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


John Marshall And The Moral Basis For Judicial Review, David F. Forte Jun 1994

John Marshall And The Moral Basis For Judicial Review, David F. Forte

Law Faculty Articles and Essays

During the last two decades, many observers have been disappointed in some of the appointments to the federal bench and in the judicial philosophies some judges have brought with them. But if we turn to the source of our constitutional order, we would find in the example of John Marshall the moral basis for the judicial craft.


The Buffalo River: A Jurisprudence Of Preservation, John W. Ragsdale, Jr. May 1994

The Buffalo River: A Jurisprudence Of Preservation, John W. Ragsdale, Jr.

Boston College Environmental Affairs Law Review

No abstract provided.


Rereading "The Federal Courts": Revising The Domain Of Federal Courts Jurisprudence At The End Of The Twentieth Century, Judith Resnik May 1994

Rereading "The Federal Courts": Revising The Domain Of Federal Courts Jurisprudence At The End Of The Twentieth Century, Judith Resnik

Vanderbilt Law Review

A first enterprise in understanding and reframing Federal Courts jurisprudence is to locate, descriptively, "the Federal Courts." This activity-identifying the topic-may seem too obvious for comment, but I hope to show its utility. One must start with a bit of history, going back to the "beginning" of this body of jurisprudence. The relevant date is 1928, when Felix Frankfurter and James Landis, who began this conversation, published their book, The Business of the Supreme Court: A Study in the Federal Judicial System. Three years later, in 1931, Felix Frankfurter, then joined by Wilber G. Katz (and later by Harry Shulman ...


Les Représentations De «Société Libre Et Démocratique» A La Cour Dickson : La Rhétorique Dans Le Discours Judiciaire Canadien, Andree Lajoie, Regine Robin, Sebastien Grammond, Henry Quillinan, Louise Rolland, Stéphane Perrault, Armelle Chitrit Apr 1994

Les Représentations De «Société Libre Et Démocratique» A La Cour Dickson : La Rhétorique Dans Le Discours Judiciaire Canadien, Andree Lajoie, Regine Robin, Sebastien Grammond, Henry Quillinan, Louise Rolland, Stéphane Perrault, Armelle Chitrit

Osgoode Hall Law Journal

The expression "free and democratic society" is the focus of our research, which sheds light on the contribution of the Supreme Court to the constitutionalization of this concept. Leaving aside the institutional and psycho-social factors, the study confirms the hypothesis that the interpretation of this expression will vary (1) according to the conceptions formerly held by the individual judges and (2) with respect to the factors favoured by a rhetorical Perelman-like analysis, which considers the factual and judicial context and the expectations of both the universal and specific audiences. At the Supreme Court level, the expectations of the latter should ...


West On Story And Theory, Lewis H. Larue Mar 1994

West On Story And Theory, Lewis H. Larue

Scholarly Articles

Not available.


How Mexico Has Fared Under United States Trade Remedy Laws, Janet Nuzum Mar 1994

How Mexico Has Fared Under United States Trade Remedy Laws, Janet Nuzum

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Summary Of Recent Legislative And Administrative Developments In Mexico, David Hurtado Badiola Mar 1994

Summary Of Recent Legislative And Administrative Developments In Mexico, David Hurtado Badiola

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Errata, United States-Mexico Law Journal Mar 1994

Errata, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

This errata is for "Confronting Differences in the United States and Mexican Legal Systems in the Era of NAFTA," by James F. Smith and Aureliano Gonzalez-Baz, Volume 1 (1993).


The Prospects For Modernization Of Financing Of Mexican Business, John E. Rogers Mar 1994

The Prospects For Modernization Of Financing Of Mexican Business, John E. Rogers

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Nafta's Proposed Tri-Lateral Commissions On The Environment And Labor, Ronald W. Kleinman, Joel M. Shapiro Mar 1994

Nafta's Proposed Tri-Lateral Commissions On The Environment And Labor, Ronald W. Kleinman, Joel M. Shapiro

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Regulations To Protect The Environment In Mexico, Leopoldo Burguete-Stanek Mar 1994

Regulations To Protect The Environment In Mexico, Leopoldo Burguete-Stanek

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Current Status Of The North American Free Trade Agreement, Judith H. Bello Mar 1994

The Current Status Of The North American Free Trade Agreement, Judith H. Bello

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Front Matter, United States-Mexico Law Journal Mar 1994

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Secured Financing Of Personal Property In Mexico: A Panel Discussion, John E. Rogers, Agustin Berdeja-Prieto, James Mayor, Michael Owen Mar 1994

Secured Financing Of Personal Property In Mexico: A Panel Discussion, John E. Rogers, Agustin Berdeja-Prieto, James Mayor, Michael Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Mexican Copyright Protection: Proposals For Better Legislation And Enforcement, Richard E. Neff Mar 1994

Mexican Copyright Protection: Proposals For Better Legislation And Enforcement, Richard E. Neff

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Private Rights Under The Environment And Labor Agreements, Luis Miguel Diaz Mar 1994

Private Rights Under The Environment And Labor Agreements, Luis Miguel Diaz

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Secured Financing Of Real Property In Mexico: A Panel Discussion, John E. Rogers, David Hurtado Badiola, William M. Kahane, Duane H. Zobrist Mar 1994

Secured Financing Of Real Property In Mexico: A Panel Discussion, John E. Rogers, David Hurtado Badiola, William M. Kahane, Duane H. Zobrist

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Judicial Cooperation Project Between Arizona And Sonora, D. Michael Mandig Mar 1994

The Judicial Cooperation Project Between Arizona And Sonora, D. Michael Mandig

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Arbitration Of Commercial Disputes In Mexico And The United States: A Panel Discusstion, Michael W. Gordon, Sergio Garcia-Rodriguez, Jose Luis Siquerios Mar 1994

Arbitration Of Commercial Disputes In Mexico And The United States: A Panel Discusstion, Michael W. Gordon, Sergio Garcia-Rodriguez, Jose Luis Siquerios

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Introductory Remarks, John M. Stephenson Jr., Jimmie V. Reyna, Jorge Martinez Sverdrup Mar 1994

Introductory Remarks, John M. Stephenson Jr., Jimmie V. Reyna, Jorge Martinez Sverdrup

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Recent Legislative Developments Affecting U.S.-Mexico Trade And Investment, Leslie Alan Glick Mar 1994

Recent Legislative Developments Affecting U.S.-Mexico Trade And Investment, Leslie Alan Glick

United States - Mexico Law Journal (1993-2005)

No abstract provided.