Jurisprudence Commons^™

Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep

UIC Law Review

No abstract provided.

Sacred Visions Of Law, Robert Tsai

Scholarly Articles in Law Reviews & Journals

Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Professor Sanford Levinson called upon Americans to renew our constitutional faith. This article answers the call by examining how two legal symbols - Marbury v. Madison and Brown v. Board of Education - have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the article argues that the decisions have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of law. One might think that …

The Internationalism Of Justice Harry Blackmun, Margaret E. Mcguinness

Faculty Publications

(Excerpt)

Throughout the symposium we have heard a host of adjectives to describe Justice Harry Blackmun and his jurisprudence, among them "willful," "liberal," "conservative," and "humble." Added to this list is what Professor Ruger calls "the ultimate compound taxonomy" for Justice Blackmun, a "'White Anglo-Saxon Protestant Republican Rotarian Harvard Man from the Suburbs.'" One adjective that is conspicuously missing is "internationalist," a term that describes an important, though less discussed, dimension of Justice Blackmun and his jurisprudence. Internationalism is, in part, reflected in Justice Blackmun's "preference change" or shift from "relatively conservative to relatively liberal." At the same time, internationalism …

Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya

Publications

In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Faculty Scholarship

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …

Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy

ExpressO

ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current …

Foreign Policy And Separation Of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension In Times Of Lapse As A Political Question, Themes Karalis

Cardozo Journal of International and Comparative Law

The article examines the interplay between the Export Administration Act (EAA) and the Freedom of Information Act (FOIA), particularly focusing on whether the EAA qualifies as an Exemption 3 statute under FOIA. It explores how courts have upheld the EAA's exemption status even during periods of lapse, emphasizing the executive branch's authority to maintain export controls through executive orders. The analysis highlights the deference given to the executive in foreign policy matters and the challenges posed by the EAA's temporary nature, suggesting that Congress should consider amending the EAA for automatic renewal to avoid recurring issues.

Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf

ExpressO

No abstract provided.

Beyond Rights: Legal Process And Ethnic Conflicts, Elena A. Baylis

ExpressO

Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. The realities of ethnic conflict are daunting: ethnic disputes tend to be both persistent and complex, and efforts to use democracy or ethnic-blind policies to deal with those conflicts tend to fail. While multi-ethnic states have struggled to devise political solutions for ethnic conflict, they have largely ignored the role that legal processes might play in resolving ethnic discord. But at certain crucial moments in the development of ethnic conflicts, legal processes such as mediation, adjudication, and constitutional interpretation might effectively address these disputes.

This article explores …

A Tribute To Franklin Gill, Esq. And Mary Gill, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Benefits Of The North American Free Trade Agreement, Lloyd Day

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Last Ten Years Of Mexican Agriculture, Jorge Molina L.

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Escenarios Del Futuro Mexicano, Raymundo Gil Rendon

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: The Loose Thread Of Nafta, Raymundo Gil Rendon, Lloyd Day, Jorge Molina Larrondo

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Financing Mexican Infrastructure Development, John Stephenson, Miguel Jauregui Rojas, Carlos Malpica Hernandez, Carol M. Mates, Gerardo Freire Alvarado, Inigo De La Borolla

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Introduction Of The Panel Discussion With Alejandro Garcia Seimandi And Nashielly Escobedo, Adrian Vazquez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Comments On The United States-Mexico Relationship, Jimmie V. Reyna, Raymundo Gil Rendon, Miguel I. Estrada Samano

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.

Changing Role Of Mexican Accounting Firms And Of Comisario, And Response To Sarbanes-Oxley, Jose O. Garcia Mata

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: The Red And Green Lights Of Homeland Security, Jimmie V. Reyna, Steven Poulin, Robert B. Birthisel

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Financing Mexican Infrastructure Development: Incentivizing Finance Projects, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Reliable Companies And Strategic Bonded Areas, Nashielly Escobedo

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Corporate Governance And The Impact Of Sarbanes-Oxley, John Stephenson, Jose O. Garcia Mata, Thomas Heather

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Mexico's Preferential Customs Programs, Adrian Vazquez, Nashielly Escobedo, Alejandro Garcia Seimandi

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Current Issues In United States-Mexico Law And Society, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Maquiladora And Pitex Programs: Trying To Improve The Obsolete, Alejandro Garcia Seimandi

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Infrastructure Financing In Mexico: The Role Of The International Finance Corporation, Carol M. Mates

United States - Mexico Law Journal (1993-2005)

No abstract provided.