Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1999

Jurisprudence

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 115

Full-Text Articles in Law

When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan Dec 1999

When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan

University of Michigan Journal of Law Reform

A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …


Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky Dec 1999

Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky

Faculty Articles

Upon the enactment of the Employee Retirement Income Security Act of 1974 ("ERISA"), few would have predicted that, a generation later, ERISA's provisions preempting state law would be front page news, a central topic of national debate about health care and its regulation. Similarly, few foresaw at the time ERISA was adopted that the United States Supreme Court would have great difficulty construing ERISA's preemption provisions. By the same token, in 1974 the contemporary revival of interest in statutory textualism lay well into the future.


What Is Justice? (Review Of Christian Justice And Public Policy, By Duncan B. Forrester), Michael David Lopez Sep 1999

What Is Justice? (Review Of Christian Justice And Public Policy, By Duncan B. Forrester), Michael David Lopez

BYU Law Review

No abstract provided.


How Much Fuel To Add To The Fire Of Genius? Some Questions About The Repair/Reconstruction Distinction In Patent Law , Arthur J. Gajarsa, Evelyn Mary Aswad, Joseph S. Cianfrani Aug 1999

How Much Fuel To Add To The Fire Of Genius? Some Questions About The Repair/Reconstruction Distinction In Patent Law , Arthur J. Gajarsa, Evelyn Mary Aswad, Joseph S. Cianfrani

American University Law Review

No abstract provided.


A Ray Of Light For Judges Blinded By Science: Triers Of Science And Intellectual Due Process, Erica Beecher-Monas Jul 1999

A Ray Of Light For Judges Blinded By Science: Triers Of Science And Intellectual Due Process, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.


Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison Jul 1999

Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison

The Journal of Appellate Practice and Process

This article discusses the uncertainty of United States Courts of Appeals jurisdiction over non-final orders.


The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill Jul 1999

The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill

The Journal of Appellate Practice and Process

This essay addresses the issue of judges deciding what scientific evidence is admissible. The primary focus is the admissibility of expert mental state testimony in criminal cases. The issue is addressed by answering two questions: 1) how does science work and 2) how does the brain work?


Unpublished Opinions: A Comment, Richard S. Arnold Jul 1999

Unpublished Opinions: A Comment, Richard S. Arnold

The Journal of Appellate Practice and Process

The Honorable Richard S. Arnold gives a federal appellate judge’s perspective of the unpublished opinions debate.


The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts Jun 1999

The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder May 1999

Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder

William & Mary Law Review

No abstract provided.


The Democracy-Forcing Constitution, Neal Devins May 1999

The Democracy-Forcing Constitution, Neal Devins

Michigan Law Review

During my freshman year in college, I was told not to judge a book by its cover. The book in question - Lolita; the cover suggested something quite salacious. My professor explained that a soldier, who had purchased Lolita to work out some of the kinks of military life, found himself tossing the book out, proclaiming in disgust "Literature!" Well, I cannot claim precisely the same reaction to Cass Sunstein's One Case at a Time (my expectations were lower than the soldier's). Nevertheless, for those expecting a lefty defense of judicial restraint, One Case at a Time is not your …


Appendix: Biographies Of Participants , American University Law Review Apr 1999

Appendix: Biographies Of Participants , American University Law Review

American University Law Review

No abstract provided.


Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond Apr 1999

Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond

Indiana Law Journal

No abstract provided.


The Anti-Essentialism V. Essentialism Debate In Feminist Legal Theory: The Debate And Beyond, Jane Wong Apr 1999

The Anti-Essentialism V. Essentialism Debate In Feminist Legal Theory: The Debate And Beyond, Jane Wong

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

No abstract provided.


Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro Apr 1999

Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro

University of Miami Inter-American Law Review

No abstract provided.


Is Progressive Constitutionalism Possible?, Robin West Apr 1999

Is Progressive Constitutionalism Possible?, Robin West

Georgetown Law Faculty Publications and Other Works

Progressivism is in part a particular moral and political response to the sadness of lesser lives, lives unnecessarily diminished by economic, psychic and physical insecurity in the midst of a society or world that offers plenty. This insecurity is unjust and should end; the suffering should be alleviated, and those lives should be enriched. To do so must be one of the goals of a morally just or justifiable state. Not all suffering and not all lesser lives, of course, give rise to such a response. The suffering attendant to accident, disease, war and happenstance is neither entirely chargeable to …


Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks Apr 1999

Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks

Faculty Articles

The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …


Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri Apr 1999

Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri

Dalhousie Law Journal

Over the past few years, the "contextual approach" to law has acquired considerable cachet in juridical discourses across the country. In the Supreme Court of Canada, contextualism is now the new standard of judicial analysis and accountability This article analyzes a decade of Supreme court jurisprudence on Charter interpretation, statutory interpretation and the common law in order to fully explicate what contextualism in law is, where it came from, and how it has achieved its current pre-eminent status. The future promise of the contextual approach is also here canvassed through a dialectical engagement with postmodernist concerns respecting inherent legal indeterminacies.


Front Matter, United States-Mexico Law Journal Mar 1999

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Cross-Border Legal Practice: The Role Of Foreign Legal Consultants, John E. Rogers Mar 1999

Cross-Border Legal Practice: The Role Of Foreign Legal Consultants, John E. Rogers

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Masthead, United States-Mexico Law Journal Mar 1999

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Restructuring Of Banking And Financial Services In Mexico: The Legal Reform Of The Mexican Financial System, Roberto Del Cueto, Luis Danton Martinez Mar 1999

The Restructuring Of Banking And Financial Services In Mexico: The Legal Reform Of The Mexican Financial System, Roberto Del Cueto, Luis Danton Martinez

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Special Position Of Mexican Banks In The Execution And Enforcement Of Financial Agreements, Agustin Berdeja-Prieto, Mike Lubrano Mar 1999

The Special Position Of Mexican Banks In The Execution And Enforcement Of Financial Agreements, Agustin Berdeja-Prieto, Mike Lubrano

United States - Mexico Law Journal (1993-2005)

No abstract provided.


A Case Study Of Three Opportunities To Improve The Private Financial Infrastructure Of Mexico: Secured Financing Of Inventory; Accounts Receivable And Equipment; The Securitization Of Assets; The Laws Of Bankruptcy And Insolvency: A Panel Discussion, Michael Owen, Fernando Montes-Negret, Mike Lubrano, Agustin Berdeja-Prieto, Carlos Aiza Haddad, Michelle Nader Schekaiban Mar 1999

A Case Study Of Three Opportunities To Improve The Private Financial Infrastructure Of Mexico: Secured Financing Of Inventory; Accounts Receivable And Equipment; The Securitization Of Assets; The Laws Of Bankruptcy And Insolvency: A Panel Discussion, Michael Owen, Fernando Montes-Negret, Mike Lubrano, Agustin Berdeja-Prieto, Carlos Aiza Haddad, Michelle Nader Schekaiban

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Mexican Insolvency Law: Que Pasara?, Jaime Rene Guerra Mar 1999

Mexican Insolvency Law: Que Pasara?, Jaime Rene Guerra

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Restructuring Of Mexican Financial Services And The Application Of Chapter 14 Of Nafta, John E. Rogers, Mike Lubrano, Carlos Aiza Haddad, Luis Danton Martinez, Timothy A. Canova Mar 1999

The Restructuring Of Mexican Financial Services And The Application Of Chapter 14 Of Nafta, John E. Rogers, Mike Lubrano, Carlos Aiza Haddad, Luis Danton Martinez, Timothy A. Canova

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Securitization Of Assets In Mexico, Carlos Aiza Haddad Mar 1999

The Securitization Of Assets In Mexico, Carlos Aiza Haddad

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Banking And Financial Reform At The Crossroads Of The Neoliberal Contagion, Timothy A. Canova Mar 1999

Banking And Financial Reform At The Crossroads Of The Neoliberal Contagion, Timothy A. Canova

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Future Of Mexican Financial Servcies Including Money Laundering Regulations, Michell Nader Schekaiban Mar 1999

The Future Of Mexican Financial Servcies Including Money Laundering Regulations, Michell Nader Schekaiban

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Cross-Border Movement Of Goods: Developments In U.S.-Mexico Customs Procedures (A Panel Discussion), Jimmie V. Reyna, Armando F. Beteta, Sue-Ann Linnemann, Lynn S. Preece, Adrian Vazquez Benitez Mar 1999

Cross-Border Movement Of Goods: Developments In U.S.-Mexico Customs Procedures (A Panel Discussion), Jimmie V. Reyna, Armando F. Beteta, Sue-Ann Linnemann, Lynn S. Preece, Adrian Vazquez Benitez

United States - Mexico Law Journal (1993-2005)

No abstract provided.