Jurisprudence Commons^™

The View From North Of The Border: A Canadian Pespective On Trade And Competition Views In North America, John Gero

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Harmonization Of Antitrust And Antidumping Laws: An Opportunity For Creative Experimentation In The North American Free Trade Area, Harvey M. Applebaum

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion Part 5: A Serious Accident Occurs In The Mexican Plant: Problems Of Corporate And Product Liability, Keith Harvey, Ted Occhialino, Boris Kozolchyk, Ignacio Gomez-Palacio

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.

The Antitrust Laws Of The United States And The Ley De Competencia Of Mexico: A Comparative Review, 1992-1994, Eleanor M. Fox

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion Part 1: Establishing An Agency Or Distributorship In Mexico, Boris Kozolchyk, Ignacio Gomez-Palacio, Juan Manuel Trujillo

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion Part 4: Challenges By Competitors And Governments In Response To Foreign Subsidies, Dumping And Import Surges, Harvey M. Applebaum, Gabriel Castaneda Gallardo, Terence P. Stewart, John Gero

United States - Mexico Law Journal (1993-2005)

No abstract provided.

International Antitrust Cooperation In Nafta: The International Antitrust Assistance Act Of 1994, Charles Seward Stark

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Some "Heretical" Observations On The Interaction Of U.S. Trade And Competition Laws: A Defense Of U.S. Antidumping And Countervailing Duties, Terence P. Stewart, Timothy C. Brightbill

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Comments On The Tension Between Trade And Antitrust Laws, Jimmie V. Reyna, Harvey M. Applebaum, Gabriel Castaneda Gallardo, Eleanor M. Fox, John Gero, Terenca P. Stewart, Michael W. Gordon

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion Part 3: Horizontal Restraints Of Trade Between Competitors In Mexico And The United States, Eleanor M. Fox, Gabriel Castaneda Gallardo, Harvey M. Applebaum

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Representing Mexican Clients In U.S. Courts In Claims Of Liability In Industrial Accidents, Ted Occhialino

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.

Law And Order, Arthur J. Jacobson

Cardozo Law Review

Every jurisprudence offers a distinctive image of order. Any order-whether of action, logic, or material-describes the ongoing operation of a set of principles or criteria. Principles define an order as the cause of an operation; criteria define it as the effect of other operations. The operation of a set of principles or criteria constituting an order allows observers effectively to distinguish that order from other orders or from no order at all.

An order is static when it is possible for observers to describe operation of the set of principles or criteria constituting the order at a single moment, without …

Preface, Michel Rosenfeld

Cardozo Law Review

This symposium issue of the Cardozo Law Review which coincides with the English publication of Jurgen Habermas's Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy, represents the culmination of an extraordinary interdisciplinary and intercontinental intellectual journey. The papers published in this issue were first presented at a conference held at the Benjamin N. Cardozo School of Law on September 20 and 21, 1992, in which Jurgen Habermas and thirty-two scholars from the United States, Germany, and many other countries, representing the fields of law, philosophy, sociology, and political science engaged in two days of …

Legitimacy And Diversity: Dialectical Reflections On Analytical Distinctions, Thomas Mccarthy

Cardozo Law Review

Jurgen Habermas's discourse theory of democracy has repeatedly been criticized for placing too much emphasis on consensus and not enough on conflict. He wants, it seems, to defend a discourse-theoretical version of the "general will" as the key to democratic legitimacy, whatever the cost. The costs are usually reckoned in terms of the theory's tenuous relation to the hurly-burly of democratic practice, where disagreement is the rule and unanimity is in short supply. Many of these criticisms miss their target, for they are often based on superficial readings and serious misunderstandings. But enough of them hit the mark to indicate …

Reply To Symposium Participants, Benjamin N. Cardozo School Of Law, Jürgen Habermas

Cardozo Law Review

Every author owes a debt to his readers. This is especially true when an author presents a wide-ranging and complex investigation that draws the critical attention of outstanding colleagues. I have profited a great deal from my colleagues' thoughtful commentaries, as will be evident from this Reply which is a token of my appreciation.

Liberties And Popular Sovereignty: On Jurgen Habermas’S Reconstruction Of The System Of Rights, Ingeborg Maus

Cardozo Law Review

The justifications Jurgen Habermas gives for a system of rights bring together the central intentions of his theory of law. The chapter of his book which provides these justifications is devoted in part to developing the underlying tension between "facticity and validity" as the basic structure of law taking the extreme and, for that reason, illuminating aspect of the guarantee of liberty through coercion. It also elucidates the motives for reestablishing the centuries-old connection between legal theory and social theory in the context of the most topical social problems. Whereas all subsectors of contemporary society have been juridified on a …

Quod Omnes Tangit: Remarks On Jurgen Habermas’S Legal Theory, Niklas Luhmann

Cardozo Law Review

Quod omnes tangit, omnibus tractari et approbari debet. The Middle Ages found this rule in Roman law. It had to do with the circumstance of a plurality of legal guardians over the same ward. In the typical case, one guardian's approval was legally sufficient authorization in legal transactions. Since every other rule had seriously damaged business dealings, the business partner's confidence had to be protected. On the other hand, this consideration-that one guardian's approval is legally sufficient authorization for an emancipation-could not have led to a fully realized emancipation of a ward. Nor could it have led to the …

Habermas And The Counterfactual Imagination, Michael K. Power

Cardozo Law Review

The epistemological problem of critical theories is easy to state but hard to resolve. On the one hand, if the theories are too descriptive and draw their conceptual resources from the ideas and institutions which currently exist, they lose their critical force. While they may provide elaborate reconstructions of the structure of social practices, they remain internal to these practices, part of a field of knowledge in which, at worst, theory is merely a form of public relations. On the other hand, if they articulate forms of critique that are entirely external to the systems of knowledge and practice that …

Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble

Cardozo Law Review

As a leading citizen of the Age of Reason, Pierre Simon Laplace liked to remark that there never could have been two Isaac Newtons for there was but a single world to be discovered. Laplace's aphorism neatly captured a fundamental assumption that has underlain the classical unity of science and reason under modernity. Today, in the wake of challenges posed by intellectual developments such as unstable systems and chaotic structures, the classical presupposition of a stable, objective, and physical world that serves as the horizon of scientific knowledge has begun to teeter. New cracks in the grand edifice of modem …

Jurgen Habermas’S Theory Of Legal Discourse, Robert Alexy

Cardozo Law Review

Jurgen Habermas's discourse theory of law attempts to show that the ideal contents of the discourse principle can be realized within the institutional frame of a legal system. The result is a theory of the democratic constitutional state whose basic idea is the association and self-determination of free and equal consociates under the law. This theory is far more than a mere application of discourse theory to the law. Discourse theory, on the one hand, demands the institutionalization of a legal system for reasons internal to the theory. On the other hand, the positive law remains dependent on discourse theory …

Jurisprudence And Validity, David M. Rasmussen

Cardozo Law Review

The relationship between law and philosophy and their respective discourses has never been harmonious. Just as Plato wanted to throw the poets out of his Republic on the basis of their tendency to corrupt, the law as a discipline has not been overwhelmed by those whose Platonic fervor would purify their enterprise and set them straight. The difference between legal procedure and philosophical-political reflection has not been easy to reconcile. Hobbes argued for the virtues of sovereignty against the self-regulating legal discipline that Lord Coke represented as having confidence in the practical orientation of "Juris prudentia," Blackstone tried …

Family Quarrel, Frank I. Michelman

Cardozo Law Review

In Chapter 6 of Between Facts and Norms, Jurgen Habermas examines what he calls the republican conception of lawmaking. He draws this conception, which he also styles "communitarian," partly from writings of this author that have in turn been much inspired by the works of Professor Habermas.

The Dynamics Of Constitutional Adjudication, Bernhard Schlink

Cardozo Law Review

Habermas determines the role and legitimacy of constitutional adjudication through three confrontations. First, he confronts both the liberal and the welfare-state paradigms of law, seeing constitutional adjudication move from the former to the latter. Habermas wants this move to arrive at a procedural paradigm of law. Second, he confronts a norm- and a value-oriented understanding of the constitution. Habermas indicates the dangers of the former and the merits of the latter, and attempts to show that principles, understood as norms, should guide constitutional adjudication. Third, he confronts the liberal and the republican views of the political and constitutional process, developing …

Law And Political Culture, Dick Howard

Cardozo Law Review

A decade ago Habermas announced a project in his The Theory of Communicative Action. Those who slipped into the habit of talking about this project as his Rechtsphilosophie may be surprised by the sobriety of Habermas's choice for the book's title. The foreword to Faktizitat und Geltung rejects any comparison with Hegel's systematic Grundlinien der Philosophie des Rechts. Habermas contrasts his "methodical-pluralistic" proposals to the idealistic concepts of Geist and Sittlichkeit, which are unable to account for complex modern societies. The apparent modesty of Habermas's claims is underlined by his subtitle, Contributions to a Discourse Theory of …

Law And Philosophy: Some Consequences For The Law Deriving From The Sociological Reconstruction Of Philosophical Theory, Mark Gould

Cardozo Law Review

Jurgen Habermas wants to provide a (quasi) transcendental grounding for democracy. He believes that the constituent attribute of Homo Sapiens is ordinary speech and that embedded in speech is a set of "validity claims" that are redeemable-asymptotically-only in an ideal speech situation. This ideal serves as a regulative fiction for our everyday world of social institutions. While it may not actually be present in institutional form, it serves as a ground for the normative critique of the actual social world in which we live.

Replik Auf Beitrage Zu Einem Symposion Der Benjamin N. Cardozo School Of Law, Jürgen Habermas

Cardozo Law Review

Jeder Autor steht in der Schuld seiner Leser; das gilt erst recht ftr einen anspruchsvollen Autor, der eine umfangreiche und komplexe Untersuchung vorlegt und daftir-noch vor der Publikation des Buches in deutscher Sprache an einer amerikanischen Universitat-die kritische Aufmerksamkeit hervorragender Kollegen findet. Aus den sorgfaltigen Kommentaren habe ich grossen Gewinn gezogen. Diese Behauptung wird sich anhand meiner Antwort nachpriifen lassen, mit der ich zugleich meinen Dank abstatten mochte.

Highways And Byways Of Nafta Commercial Law: The Challenge To Develop A Best Practice In North American Trade, Boris Kozolchyk

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Antitrust Enforcement In Mexico 1993-1995 And Its Prospects, Gabriel Castaneda Gallardo

United States - Mexico Law Journal (1993-2005)

No abstract provided.