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Articles 1 - 30 of 153
Full-Text Articles in Law
The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright
The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright
All Faculty Scholarship
Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive …
Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins
Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Concurring In Result Without Written Opinion: A Condemnable Practice, Ira P. Robbins
Concurring In Result Without Written Opinion: A Condemnable Practice, Ira P. Robbins
Ira P. Robbins
No abstract provided.
Assessing The New Judicial Minimalism, Christopher J. Peters
Assessing The New Judicial Minimalism, Christopher J. Peters
All Faculty Scholarship
In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000), I critique some recently prominent arguments for "judicial minimalism" in constitutional decisionmaking. Current minimalist arguments, I contend, are primarily "policentric," that is, focused on the role the judiciary can play in bolstering the accountability and deliberativeness of the political branches. Drawing in part on a previous article, I offer an alternative approach to minimalism that is "juricentric" - focused on the inherent democratic legitimacy of the adjudicative process and the unique competence of that process to produce decisions about individual rights. I …
First Amendment—Campaign Finance Reform—The Supreme Court Halts The Eighth Circuit's Invalidation Of State Campaign Contribution Limits. Nixon V. Shrink Missouri Government Political Action Committee, 120 S. Ct. 897 (2000)., Erin Buford Vinett
University of Arkansas at Little Rock Law Review
No abstract provided.
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Michigan Law Review
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham
Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham
Washington and Lee Law Review
No abstract provided.
Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Christians And The Military, Jeffrey C. Tuomala
Christians And The Military, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Empirical Methods And The Law, Theodore Eisenberg
Empirical Methods And The Law, Theodore Eisenberg
Cornell Law Faculty Publications
One can divide empirical analysis of legal issues into three major branches: (1) the use of scientific empirical analysis by litigants to attempt to prevail in individual cases, (2) the use of social scientific empirical analysis in individual cases, and (3) the use of the empirical methods to describe the legal system’s operation. The first two uses present difficulties that reflect a fundamental limitation on using statistical methods in law: the difference between establishing statistical association and establishing actual causation in an individual case filtered through our adversary legal system. The third use encounters no such obstacle and can aid …
Christians And The Military, Jeffrey C. Tuomala
Christians And The Military, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Gender And Privacy In Cyberspace, Anita L. Allen
Gender And Privacy In Cyberspace, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Michigan Law Review
Many in the legal profession have abandoned the great questions of legal process. This is too bad. How a decision is reached can be as important as what the decision is. In an increasingly diverse country with many competing visions of the good, it is critical for law to aspire to agreement on process - a task both more achievable than agreement on substance and more suited to our profession than waving the banners of ideological truth. By process, I mean the institutional routes by which we in America reach our most crucial decisions. In other words, process is our …
Miranda'S Fall?, Kenji Yoshino
Miranda'S Fall?, Kenji Yoshino
Michigan Law Review
If one wishes to revisit a classic, Albert Crunus's The Fall is a riskier choice than Harper Lee's To Kill a Mockingbird, which Steven Lubet eloquently discussed last year in these pages. It is not only that Camus's work will be less familiar to legal audiences than Lee's, despite the fact that The Fall is becoming recognized through critical "revisitation" as perhaps Crunus's greatest novel. It is also that the legal protagonist of The Fall, Jean-Baptiste Clamence, does not have Atticus Finch's immediate appeal. Finch is idealistic, Clamence is existential; Finch is pious, Clamence is debauched; Finch is hopeful, Clamence …
Forensic Constitutional Interpretation, Brian F. Havel
Forensic Constitutional Interpretation, Brian F. Havel
William & Mary Law Review
No abstract provided.
Front Matter, United States-Mexico Law Journal
Front Matter, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Masthead, United States-Mexico Law Journal
Masthead, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Transportation Of Cargo Across The U.S.-Mexico Border, Warren A. Goff
Transportation Of Cargo Across The U.S.-Mexico Border, Warren A. Goff
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Transportation Of People Across The Border, Ricardo Lan
Transportation Of People Across The Border, Ricardo Lan
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Accounting Services For The 21st Century, Patricia Hernandez-Esparza
Accounting Services For The 21st Century, Patricia Hernandez-Esparza
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Movement Of Professionals, Technicians, And Other Workers Across Nafta Borders, William J. Benos
The Movement Of Professionals, Technicians, And Other Workers Across Nafta Borders, William J. Benos
United States - Mexico Law Journal (1993-2005)
No abstract provided.
A Step In The Right Direction - Privitization Of Natural Gas Services In Mexico And An Examination Of The Burgeoning Role Of Local Distribution Companies, Rogelio Lopez Velarde
A Step In The Right Direction - Privitization Of Natural Gas Services In Mexico And An Examination Of The Burgeoning Role Of Local Distribution Companies, Rogelio Lopez Velarde
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Production And Distribution Of Electric Power In Mexico: Today And Tomorrow, James A. Dement Jr.
Production And Distribution Of Electric Power In Mexico: Today And Tomorrow, James A. Dement Jr.
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Preview Of Problems In Product Liability: U.S. And Mexico, Francisco Velazquez
Preview Of Problems In Product Liability: U.S. And Mexico, Francisco Velazquez
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Possible Privatization Of The Power Industry: A Panel Discussion, Abdon Hernandez, James A. Dement Jr., Ramiro Villarreal Morales, Michael L. Owen, Rogelio Lopez Velarde
Possible Privatization Of The Power Industry: A Panel Discussion, Abdon Hernandez, James A. Dement Jr., Ramiro Villarreal Morales, Michael L. Owen, Rogelio Lopez Velarde
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Developing A Legal Frame For Understanding The Production And Distribution Of Electricity In Mexico, Niceforo Guerrero Reynoso
Developing A Legal Frame For Understanding The Production And Distribution Of Electricity In Mexico, Niceforo Guerrero Reynoso
United States - Mexico Law Journal (1993-2005)
No abstract provided.
A Legal Analysis Of The Proposed Privatization Of The Mexican Electricity Industry, Ramiro Villarreal Morales
A Legal Analysis Of The Proposed Privatization Of The Mexican Electricity Industry, Ramiro Villarreal Morales
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Project Finance: A Hypothetical Case Involving The Financing Of A Power Generating Plant In Guanajuato, Mexico (A Panel Discussion), John Stephenson, Miguel Jauregui Rojas, Michael Owen
Project Finance: A Hypothetical Case Involving The Financing Of A Power Generating Plant In Guanajuato, Mexico (A Panel Discussion), John Stephenson, Miguel Jauregui Rojas, Michael Owen
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Product Liability Claims On Both Sides Of The Border: A Panel Discussion, Michael W. Gordon, Carlos Loperena, David Epstein, Adolfo E. Jimenez, Jose A. Santos Jr., Francisco Velazquez
Product Liability Claims On Both Sides Of The Border: A Panel Discussion, Michael W. Gordon, Carlos Loperena, David Epstein, Adolfo E. Jimenez, Jose A. Santos Jr., Francisco Velazquez
United States - Mexico Law Journal (1993-2005)
No abstract provided.
A Paradigm From Securities Law Of Uninformed Supreme Court Decisionmaking, Larry D. Soderquist
A Paradigm From Securities Law Of Uninformed Supreme Court Decisionmaking, Larry D. Soderquist
Washington and Lee Law Review
No abstract provided.