Law Commons^™

Comentario Al Artículo 86 Constitucional, Fernando Villaseñor Rodríguez

Fernando Villaseñor Rodríguez

Comentario junto con el Doctor Pedro Salazar Ugarte al artículo 86 constitucional (sobre la renuncia del Presidente de la República).

Debtor Discharge And Creditor Repayment In Chapter 13, Scott F. Norberg, Andrew J. Velkey

Scott Norberg

No abstract provided.

Gloria’S Story And Guatemala’S Faith: Adulterous Concubinage, Law, And Religion, M. C. Mirow

M. C. Mirow

The Reliability Of Latent Print Individualization Brief Of Amici Curiae Submitted On Behalf Of Scientists And Scholars By The New England Innocence Project, Commonwealth V. Patterson, Jane Campbell Moriarty, David M. Siegel, Mark Acree, Robert Bradley, Simon A. Cole, David L. Faigman, Stephen E. Fienberg, Paul C. Giannelli, Lyn Haber, Ralph N. Haber, Donald Kennedy, Jennifer Mnookin, Joelle A. Moreno, D. Michael Risinger, John R. Vokey, Sandy Zabell

Joelle A. Moreno

Does Federalism Matter? Its Perplexing Role In The Corporate Governance Debate, Renee Jones

Renee Jones

No abstract provided.

Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle

Eric A. Engle

Examines the extraterritorial application of U.S. criminal law in the context of corporations.

Management And Market Reactions To Litigation: Do Shareholders Win When The Company Loses?, Terence Lau

Terence Lau

This research brief summarizes a study on how markets react to settlements and judgments. Prior research suggests that when companies refuse to settle and instead take on litigation, they are rewarded by markets even when they lose the case. Why this occurs has tremendously important significance for senior management.

A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias

Shoaib A. Ghias

Economic liberalization not only requires rules goveming economic exchange (such as multilateral trade agreements), but also institutions (such as courts) goveming how rules are enforced. However, once courts are established to govem economic exchange, they tend to expand their competence to political and social policy. Political scientists have used this theoretical framework to explain the evolution of national (for example the U.S. Supreme Court) and quasi-intemational (for example the European Court of Justice) judicial institutions. In this article, I explain how this model can be extended to a truly intemational "judicial" institution, the WTO's Appellate Body. In short, the Appellate …

Introductory Guide To The New York City Family Court, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

The Case For Enforcing Adhesive Arbitration Agreements - With Particular Consideration Of Class Actions And Arbitration Fees, Stephen Ware

Stephen Ware

Arbitration clauses appear in a wide variety of the form contracts through which consumers obtain goods, services and credit, as well as in employment agreements, and other contracts of ordinary individuals. These adhesive agreements to arbitrate are generally enforced by courts, but this enforcement is quite controversial. Countless law review articles criticize it, while the few that defend it are usually limited in important ways. This paper defends the general enforcement of adhesive arbitration agreements.

Section I shows that this general enforcement is socially desirable and that it benefits most consumers, employees and other adhering parties. Section II introduces the …

Toward Democratic Consolidation? The Argentine Supreme Court, Judicial Independence, And The Rule Of Law, Christopher J. Walker

Christopher J. Walker

Too little attention has been paid to the role of judiciary in strengthening democracy and the rule of law in Latin America, with even less attention on the Argentine judicial system. In this paper, the role of the courts in consolidation will be examined through the Argentine case study. Part I outlines the current state of the literature on democratization and the rule of law with respect to Latin America, while Part II reviews what has been written about the Latin American judiciary and its influence on the rule of law. Part III evaluates the development of the judiciary and …

The Optimal Number Of Governments For Economic Development, Robert D. Cooter

Robert Cooter

No abstract provided.

The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro

Carolyn Shapiro

Throughout its history, the Supreme Court has struggled to control its caseload and to avoid becoming a court of error correction. Instead, it applies its resources to matters of particular national importance and to promoting uniformity in the law. This Article argues that the Court's approach to maintaining uniformity fails to provide adequate guidance to the lower courts. The Court focuses on resolving disagreements among the lower courts over what rules and standards to apply. But the Court largely ignores the question of whether those directives are applied in a consistent or predictable way. As a result, there are areas …

“Birds Of A Feather” Rico: Trying Partners In Crime Together, Julie Gunnigle

Julie Gunnigle

No abstract provided.

Good News Investors! You’Ve Got A Financial Expert On The Board: The Bad News? It Doesn’T Mean Anything, Jeffrey M. Mcfarland

Jeffrey M McFarland

No abstract provided.

Regionalism, The Supreme Court, And Effective Governance: Healing Problems That Know No Bounds, Nick J. Sciullo

Nick J. Sciullo

By actively endorsing remedies that favor a city-suburb divide, the Supreme Court has failed to allow regional development. The Supreme Court's federalism jurisprudence is unresponsive to the myriad issues pervading society. Ultimately, individuals must take action, through a process formulated in this article, to change the way in which governments and the courts respond to the needs of populations.

A battery of cases including Brown v. Board of Education and its progeny, Missouri v. Jenkins and Milliken v. Bradley, reached the Supreme Court during the tumultuous 1950s, 1960s, and 1970s. A vast array of environmental laws and housing regulations also …

La Corte Costituzionale, L’Illecito Ed Il Governo Della Colpa, Mauro Bussani, Marta Infantino

Mauro Bussani

Under Italian law, the (only) court competent to solve constitutional questions – the Constitutional Court – is often required to verify the constitutionality of tort law rules. Focusing on the Constitutional Court’s pronouncements about the notion of fault in tort liability, the paper aims to investigate how the Court performs its role in a field where judicial review is seldom aimed to the scant legislative tort law rules, and most of the times targets the way in which ordinary courts, including the Court of Cassation (i.e. the Supreme Court in civil matters), apply tort law rules, and set the fault …

The Uses Of History In The Supreme Court's Takings Clause Jurisprudence, Jonathan R. Lahn

Jonathan R Lahn

No abstract provided.