Law Commons^™

No-Citation Rules Under Siege: A Battlefield Report And Analysis, Stephen R. Barnett

The Journal of Appellate Practice and Process

No abstract provided.

Federal Court Authority To Regulate Lawyers: A Practice In Search Of A Theory Of A, Fred C. Zacharias, Bruce A. Green

Vanderbilt Law Review

Federal courts regulate lawyers, including federal prosecutors, by enforcing various constitutional, statutory, and other legal constraints. Federal courts also adopt and enforce their own disciplinary rules pursuant to rule-making authority delegated by Congress. To what extent, however, do federal courts have independent power, in the absence of an explicit grant of authority, to regulate private lawyers and federal prosecutors? Although lower federal courts have long exercised power both to define and to sanction professional misconduct, the United States Supreme Court has never clarified the source and scope of this authority.

This issue is important for two reasons. First, most federal …

In The Stream Of The Commerce Clause: Revisiting Asahi In The Wake Of Lopez And Morrison, Andrew Kurvers Spalding

Nevada Law Journal

No abstract provided.

Arkansas's Entry Into The Not-So-New Judicial Federalism, Ka Tina R. Hodge

University of Arkansas at Little Rock Law Review

No abstract provided.

Judicial Review And International Law, Michel Troper

San Diego International Law Journal

According to common doctrine, the courts, once established, apply the constitution, the principles expressed in the constitution, and also some principles not always expressed but that are thought to be inherent to any legal system, as for example the principle that the State is sovereign. Like the hierarchy of norms, these principles precede the institution of the courts and their jurisprudence, so that they can be used to evaluate them. True, the principles can be vague, but it is considered one of the tasks of constitutional theory to determine their substance before analyzing case law in their light.

Meditating Comparisons, Or The Question Of Comparative Law, Igor Stramignoni

San Diego International Law Journal

Many today claim that, after WWII, the fall of the Berlin wall and, now, September 11, 2001, the changing nature of nation states, democracy, and the law can no longer be sensibly ignored. How can comparative law contribute to such an important debate? In what follows, it is argued that one way to contribute to the debate over the changing nature of nation states, democracy, and the law would be to engage in poetic comparisons of law's many domains. What, then, are poetic comparisons of law, and what do they invite us to do? Learning from Martin Heidegger's life-long advocacy …

The Unique Jurisprudence Of Letters Of Credit: Its Origin And Sources, Gao Xiang, Ross P. Buckley

San Diego International Law Journal

This Article seeks to illumine the legal nature of the letter of credit instrument, and catalogue the various sources of law and rules that can govern it; and, by doing so, render a service to those who must quickly come to grips with letter of credit law. The Article is in two parts. The first part examines the legal nature of the letter of credit by looking at its definition, operation, and history and by comparing it with negotiable instruments and contracts. The second part considers the rules, customs, and regulations governing letters of credit and introduces the two fundamental …

Appellate Courts Inside And Out, Maxwell L. Stearns

Michigan Law Review

While the United States Supreme Court has been the object of seemingly endless scholarly commentary, the United States Courts of Appeals are just now coming into their own as a subject of independent academic inquiry. This is an important development when one considers that the vast bulk of relevant precedents governing most federal court litigation comes not from the Supreme Court, but rather from the United States Courts of Appeals. Because relatively few courts of appeals decisions are reviewed in the Supreme Court, with rare exception, the federal circuit courts provide the functional equivalent of that Court's proverbial "last word." …

The Unruliness Of Rules, Peter A. Alces

Michigan Law Review

Analytical jurisprudence depends on a posited relation between rules and morality. Before we may answer persistent and important questions of legal theory - indeed, before we can even know what those questions are - we must understand not just the operation of rules but their operation in relation to morality. Once that relationship is formulated, we may then come to terms with the likes of inductive reasoning in Law, the role of precedent, and the fit, such as it is, between Natural Law and Positivism as well as even the coincidence (or lack thereof) between inclusive and exclusive positivism. That …

The Politicization Of Clarence Thomas, Jagan Nicholas Ranjan

Michigan Law Review

Perception often shapes memory. In particular, the way one perceives a noteworthy public figure often shapes that figure's historical legacy. For example, history largely remembers John Coltrane as one of the greatest jazz saxophone players of our time. His improvisational skill, innovative style, and mastery over his instrument all serve to classify him in the public memory as the ultimate jazz performer. Yet, as the example of Coltrane might demonstrate, perception is unjustly deficient. Coltrane was not merely a great saxophone player; he was first and foremost a religious figure whose spirituality drove his creativity and manifested itself in prayerful …

"Lobbying Activities" And Presidential Pardons: Will Legislators' Efforts To Amend The Lda Lead To Increasingly Hard-Lined Jurisprudence? , Kathryn L. Plemmons

Brigham Young University Journal of Public Law

No abstract provided.

Meaning's Edge, Love's Priority, Patrick Mckinley Brennan

Michigan Law Review

The story is told of an American wending his way through the British Museum. Reaching the Rosetta Stone, he reached right over the railing, touched the scarred slab, and lamented: "It doesn't feel meaningful." Whereupon an old Briton was heard to mumble: "The poor American's got this old thing confused with the Blarney Stone." A bully presses his case, but meaning is much more modest. Powerless to insist upon itself, meaning lies in wait of discovery. What distinguishes the Rosetta Stone from other rocks of the same kind and size is that it was someone's - or rather a group's …

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Toward A North American Economic Space, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Introduction: Water Law, Jay F. Stein

United States - Mexico Law Journal (1993-2005)

Also includes map of border of Mexico with the states of New Mexico and Texas

Water Law In The Republic Of Mexico, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Emerging Water Issues In Mexico, Eduardo Viesca

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Mexico's Compliance With The 1994 Water Treaty Between The United States And Mexico: A Texas Perspective, Jill Warren

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Mexico's Response To Problems Under The 1944 Treaty, Alberto Szekely

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Municipal Water Supply On The Border, Maria Elena Giner

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Claims Of The United States And Mexico Under The Treaty Of 1944 And The Municipal Acquisition Of Fresh Water Supplies In The Border Region, Jay F. Stein, Carlos Marin, Jill Warren, Alberto Szekely, Marilyn C. O'Leary, Maria Elena Giner

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Bellagio Draft Treaty As A Tool For Solving Border Groundwater Issues, Marilyn C. O'Leary

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Business Of Water In Mexico, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Opportunities For The Development Of Municipal Water In Mexico, Jacques Letontodot

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Legal Issues In The Regulation Of Water Supply In Mexico, Carlos Ramos Miranda

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Transfer Of Agricultural Water To Municipal And Industrial Use In Southern New Mexico, Len Stokes

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Future Of The Colorado River Delta, Malissa Hathaway Mckeith

United States - Mexico Law Journal (1993-2005)

Includes map of the Colorado River Delta

Panel Discussion Of The Business Of Water In The Republic Of Mexico, Abdon Hernandez, Jacques Letontodot, Carlos Ramos Miranda, Len Stokes, Raul Rodriguez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Water Management In The United States And The Fate Of The Colorado River Delta In Mexico, David H. Getches

United States - Mexico Law Journal (1993-2005)

No abstract provided.