Jurisprudence Commons^™

A Foundation For International Taxation: The Institutional Competence Of Nations, Eric T. Laity

ExpressO

This Article proposes a conceptual foundation for the field of international tax law. The Article refers to this foundation as the institutional competence of nations in global economic development. A nation’s institutional competence is its discretion to make decisions in pursuit of our collective goal of global economic development, discretion that is subject to a number of standards and limitations.

The Article constructs the institutional competence of nations in global economic development from institutional economics, simple game theory, and the literature on social norms. The Article expresses the institutional competence of nations through standards and limitations that reduce the abuse …

The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progess & Reform, Morse Tan

ExpressO

This essay makes a unique case for the existence of justice, higher law and virtue by drawing on classic thinkers from both East and West. It asserts that no better jurisprudential foundation can be found. The need for this foundation emerges more clearly in the international context, but it applies to all legal systems.

After introducing the topic, explaining the relevance of this jurisprudence, responding to objections, and critiquing competing approaches, this essay presents pertinent sources from the East. Well-regarded in the East but less known to the West, writers such as Mencius, Tao, Hsuntze, and the Neo Confucianists from …

Statecraft, Trade And The Order Of States, Dennis M. Patterson

ExpressO

No abstract provided.

The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progress & Reform, Morse Tan

ExpressO

This essay makes a unique case for the existence of justice, higher law and virtue by drawing on classic thinkers from both East and West. It asserts that no better jurisprudential foundation can be found. The need for this foundation emerges more clearly in the international context, but it applies to all legal systems.

After introducing the topic, explaining the relevance of this jurisprudence, responding to objections, and critiquing competing approaches, this essay presents pertinent sources from the East. Well-regarded in the East but less known to the West, writers such as Mencius, Tao, Hsuntze, and the Neo Confucianists from …

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …

Jury Trials In Japan, Robert M. Bloom

ExpressO

The Japanese are seeking to involve their citizens in the judicial system. They are also establishing a check on the power of the judiciary. Towards these goals, they have enacted legislation to create jury trials. These remarkable ambitions envision adopting a mixed-jury system, slated to take effect in 2009. In this mixed-jury system, judges and citizens participate together in the jury deliberation.

This article first explores the differences between mixed-juries and the American jury system. It then suggests why the Japanese opted for a mixed-jury system. The article explores psychological theories surrounding collective judgment and how dominant individuals influence group …

The Case For The Legislative Override, Nicholas Stephanopoulos

ExpressO

What is the optimal arrangement of judicial review? Most scholars who have addressed this question have assumed that there are only two important alternatives: judicial supremacy and parliamentary sovereignty. The literature has neglected the conceptual space that exists between these two poles, in particular the innovative legislative override model. This Article describes and evaluates the experiences of the two countries that have adopted the override, Canada and Israel. It also introduces a refined override model that promises to protect fundamental rights while promoting democratic decision-making. Finally, the Article explains which institutional and political contexts are hospitable to the override and …

Negotiated Acquisitions Of Shares And Assets In Mexico: Common Pitfalls And How To Avoid Them, Pablo Rion

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Issues In Cross-Border Tort Litigation: Forum Non Conveniens, Choice Of Law, And Other Matters, Carlos Loperena

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Current Techniques For Secured Financing Of Negotiated Acquisistions In Mexico, Including Analysis Of Effective Use Of Guarantee Trusts And Pledges Without Possession, Hans P. Goebel Caviedes

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Negotiated Acquisitions Of Company Shares And Assets In The United States: Pitfalls And How To Avoid Them, Wilson Chu

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Enforcement Of Foreign Judgments In The U.S. - A Matter Of State Law In Federal Courts, John A. Spanogle

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: International Tort Litigation Involving The United States And Mexico, Larry Waks, Carlos Loperena, Leonel Pereznieto Castro

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Review Of Current Issues Affecting Economic Development In Mexico, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: A Hypothetical Case Involving Commercial Litigation In The Sale Of Insulation From A U.S. Firm In Kansas To A Purchaser In Monterrey, Mexico, John A. Spanogle, Chris Bauman, Franklin Gill, Carlos Loperena, Leonel Pereznieto Castro

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Immigration Reform Post-9/11, Judith Golub

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The U.S. Supreme Court And The Alvarez-Machain Cases: Recasting International Law, Sherri Burr

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.

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Formation Of International Energy Transactions, Stuart Broom

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Post-Nafta Conflicts, Jimmie V. Reyna, Miguel Jauregui Rojas, Judith Golub, Stuart Broom

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Tax-Effective Structures For Negotiated Acquisitions In Mexico And The United States, Manuel Rajunov

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Enforcement Of Foreign Arbitral Awards In The U.S. - A Matter Of Federal Law, John A. Spanogle

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progress & Reform, Morse Hyun-Myung Tan

ExpressO

This essay makes a unique case for the existence of justice, higher law and virtue by drawing on classic thinkers from both East and West. It asserts that no better jurisprudential foundation can be found. The need for this foundation emerges more clearly in the international context, but it applies to all legal systems.

After introducing the topic, explaining the relevance of this jurisprudence, responding to objections, and critiquing competing approaches, this essay presents pertinent sources from the East. Well-regarded in the East but less known to the West, writers such as Mencius, Tao, Hsuntze, and the Neo Confucianists from …

Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion

ExpressO

Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers …

Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann

Cardozo Law Review

No abstract provided.

Comparative Human Rights Jurisprudence In Azerbaijan: Theory, Practice And Prospects, Charles H. Martin

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina

UIC Law Review

No abstract provided.

Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii

UIC Law Review

No abstract provided.

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy

UIC Law Review

No abstract provided.