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Jurisprudence Commons™

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2001

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Articles 91 - 120 of 183

Full-Text Articles in Jurisprudence

Landmark Cases Related To Proceedings Commenced By The Cfc For Monopolistic Practices, Leon Ricardo Elizondo Castro Mar 2001

Landmark Cases Related To Proceedings Commenced By The Cfc For Monopolistic Practices, Leon Ricardo Elizondo Castro

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Mexican Standards Related Policy And Regulation, Jose Augustin Portal Mar 2001

Mexican Standards Related Policy And Regulation, Jose Augustin Portal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Comparative Perspectives Of The Regulatory Process, Santiago Gonzalez Luna, Leon Ricardo Elizondo Castro, Omar Guerrero Rodriguez, Alfred Mathewson, Rafael Valdes-Abascal Mar 2001

Comparative Perspectives Of The Regulatory Process, Santiago Gonzalez Luna, Leon Ricardo Elizondo Castro, Omar Guerrero Rodriguez, Alfred Mathewson, Rafael Valdes-Abascal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Concentrations: An Analysis Of The Mexican Economic Competition Legal Framework, Rafael Valdes-Abascal Mar 2001

Concentrations: An Analysis Of The Mexican Economic Competition Legal Framework, Rafael Valdes-Abascal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


A Comparative Review Of Regulation Of Economic Competition In Mexico And The United States, Santiago Gonzalez Luna Mar 2001

A Comparative Review Of Regulation Of Economic Competition In Mexico And The United States, Santiago Gonzalez Luna

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Some Brief Comments About The Pre-Merger Notification Processes In Mexico And The United States, Alfred Mathewson Mar 2001

Some Brief Comments About The Pre-Merger Notification Processes In Mexico And The United States, Alfred Mathewson

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Capital Markets Issues And Corporate Governance, John E. Rogers, Francisco Carrillo Gamboa, Terrence A. Everett, David Huntington, Miguel Jauregui Rojas, Mike Lubrano, James E. Ritch Mar 2001

Capital Markets Issues And Corporate Governance, John E. Rogers, Francisco Carrillo Gamboa, Terrence A. Everett, David Huntington, Miguel Jauregui Rojas, Mike Lubrano, James E. Ritch

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Mexican Lawyers Going North And U.S. Lawyers Going South: Interstate Legal Practice, Nafta And U.S. State Bar Regulations, Michael W. Gordon, George Bermann, Miguel Jauregui Rojas, Carlos Loperena Ruiz, William Macpherson, Stephen C. Nelson Mar 2001

Mexican Lawyers Going North And U.S. Lawyers Going South: Interstate Legal Practice, Nafta And U.S. State Bar Regulations, Michael W. Gordon, George Bermann, Miguel Jauregui Rojas, Carlos Loperena Ruiz, William Macpherson, Stephen C. Nelson

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Front Matter, United States-Mexico Law Journal Mar 2001

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Masthead, United States-Mexico Law Journal Mar 2001

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety Mar 2001

A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety

Cardozo Law Review

No abstract provided.


A Semiotics Of Critique, Duncan Kennedy Mar 2001

A Semiotics Of Critique, Duncan Kennedy

Cardozo Law Review

No abstract provided.


Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens Mar 2001

Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens

Articles

Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.


Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier Jan 2001

Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The practice of unpublished decisions and their precedential value causes much controversy. The practice of unpublished opinions creates a solution for how to deal effectively with heavy caseloads. Electronic databases make unpublished decisions readily available, which removes any secrecy that critics fear. Unpublished opinions are treated in one of three ways by the courts. In addition, three pragmatic issues are created by allowing opinions to go unpublished: 1) the availability of these decisions, 2) the quality of the reasoning in unpublished decisions, and 3) the treatment of unpublished opinions as precedent.


Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles Jan 2001

Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles

Law Faculty Publications

No abstract provided.


The Principles Of Justice, Richard W. Wright Jan 2001

The Principles Of Justice, Richard W. Wright

All Faculty Scholarship

No abstract provided.


In The Wake Of Crosby V. National Foreign Trade Council: The Impact Upon Selective Purchasing Legislation Throughout The United States, 34 J. Marshall L. Rev. 827 (2001), Ako Miyaki-Murphy Jan 2001

In The Wake Of Crosby V. National Foreign Trade Council: The Impact Upon Selective Purchasing Legislation Throughout The United States, 34 J. Marshall L. Rev. 827 (2001), Ako Miyaki-Murphy

UIC Law Review

No abstract provided.


Voluntary Intoxication In Florida: Public Policy Versus Due Process And Why Florida's Intoxication Statute Cannot Withstand A Constitutional Challenge, Michael L. Elkins Jan 2001

Voluntary Intoxication In Florida: Public Policy Versus Due Process And Why Florida's Intoxication Statute Cannot Withstand A Constitutional Challenge, Michael L. Elkins

St. Thomas Law Review

This comment examines the substance of the opinions in Egelhoff and juxtaposes the Florida statutory scheme against the proper constitutional analysis. The Egelhoff majority has done little to provide a workable constitutional backdrop from which other state statutes banning evidence of voluntary intoxication may be categorized. Part II of this comment provides the historical background for the voluntary intoxication defense. Part I initially examines the factual and legal background of the Egelhoff case as set forth by the Montana Supreme Court. Part IV then provides an analysis of the opinions authored by the United States Supreme Court. This section will …


Blind Faith And Reasonable Doubts: Investigating Beliefs In The Rule Of Law, Jessie Allen Jan 2001

Blind Faith And Reasonable Doubts: Investigating Beliefs In The Rule Of Law, Jessie Allen

Seattle University Law Review

The article explores the meaning of the rule of law within the American political and legal systems by analyzing the concept in the abstract and its application in President Clinton’s impeachment.


Can Evolutionary Science Contribute To Discussions Of Law?, Jeffrey E. Stake Jan 2001

Can Evolutionary Science Contribute To Discussions Of Law?, Jeffrey E. Stake

Articles by Maurer Faculty

Evolutionary Theory can be helpful in understanding the law and determining what it should be. There are two ways in which the evolutionary perspective differs from an economic perspective on law. Not only does the evolutionary approach shift our attention from the world today to the environment of evolutionary adaptation, it shifts our focus from rational individuals to rational genes and from rational behaviors to rational design of mental architecture. Finally, the law of law's leverage makes predictions about the relative elasticities of demand for all sorts of behaviors, including those that did and did not exist in the environment …


Procedural Reforms In Capital Cases Applied To Perjury, 34 J. Marshall L. Rev. 453 (2001), Steven Clark Jan 2001

Procedural Reforms In Capital Cases Applied To Perjury, 34 J. Marshall L. Rev. 453 (2001), Steven Clark

UIC Law Review

No abstract provided.


Righting Illinois' Wrongs: Suggestions For Reform And A Call For Abolition, 34 J. Marshall L. Rev. 469 (2001), Sharone Levy Jan 2001

Righting Illinois' Wrongs: Suggestions For Reform And A Call For Abolition, 34 J. Marshall L. Rev. 469 (2001), Sharone Levy

UIC Law Review

No abstract provided.


Bad Medicine: Erisa's Equitable Remedies And The Preemption Of Fundamental Legal Rights, 34 J. Marshall L. Rev. 583 (2001), Marilyn Lablaiks Jan 2001

Bad Medicine: Erisa's Equitable Remedies And The Preemption Of Fundamental Legal Rights, 34 J. Marshall L. Rev. 583 (2001), Marilyn Lablaiks

UIC Law Review

No abstract provided.


Prohibiting The Deduction For Non-Corporate Tax Deficiency Interest: When Treasury Goes Too Far, 34 J. Marshall L. Rev. 557 (2001), William G. Andreozzi Jan 2001

Prohibiting The Deduction For Non-Corporate Tax Deficiency Interest: When Treasury Goes Too Far, 34 J. Marshall L. Rev. 557 (2001), William G. Andreozzi

UIC Law Review

No abstract provided.


E-Obviousness, Glynn S. Lunney Jr. Jan 2001

E-Obviousness, Glynn S. Lunney Jr.

Michigan Telecommunications & Technology Law Review

As patents expand into e-commerce and methods of doing business more generally, both the uncertainty and the risk of unjustified market power that the present approach generates suggest a need to rethink our approach to nonobviousness. If courts fail to enforce the nonobviousness requirement and allow an individual to obtain a patent for simply implementing existing methods of doing business through a computer, even where only trivial technical difficulties are presented, entire e-markets might be handed over to patent holders with no concomitant public benefit. If courts attempt to enforce the nonobviousness requirement, but leave undefined the extent of the …


The Burdens And Benefits Of The American Jury, José F. Anderson Jan 2001

The Burdens And Benefits Of The American Jury, José F. Anderson

All Faculty Scholarship

There is no institution in the legal system more controversial than the American Jury. It has been praised and hated by people from all walks of life. James Madison once called it among "the most valuable" rights included in the Bill of Rights. Robert Allan Rutland, The Birth of the Bill of Rights 1776-1791, at 208 (2nd ed ., Northeastern Univ. Press 1991) (1955) (quoting 1 Annals of Cong. 755 (Joseph Gales ed., 1789)). The business community sometimes complains that it paralyzes its ability to grow. Politicians have used it as grist for their mills calling for jury reform. Television …


Punishing Thought: A Narrative Deconstructing The Interpretive Dance Of Hate Crime Legislation, 35 J. Marshall L. Rev. 123 (2001), Anne B. Ryan Jan 2001

Punishing Thought: A Narrative Deconstructing The Interpretive Dance Of Hate Crime Legislation, 35 J. Marshall L. Rev. 123 (2001), Anne B. Ryan

UIC Law Review

No abstract provided.


Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell Jan 2001

Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell

Faculty Works

This article explores the legal and economic complexities surrounding the enforcement of modified sales contracts under Section 2-209 of the Uniform Commercial Code (UCC). While contract modification allows parties to adapt agreements to changing circumstances, courts have struggled with the absence of a consistent standard for determining when such modifications should be enforced. The discussion critiques the ambiguity of the UCC’s “good faith” requirement and the unpredictability it creates in judicial decision-making. To address these issues, the article proposes a “sequential approach” that examines each stage of the modification process, requiring the initiating party to demonstrate reasonable grounds for seeking …


Naturalized Epistemology And The Critique Of Evidence Theory, Dale A. Nance Jan 2001

Naturalized Epistemology And The Critique Of Evidence Theory, Dale A. Nance

Faculty Publications

In this article I give a mixed review Allen and Leiter’s naturalized epistemology theory of evidence. I applaud their focus on naturalized epistemology, but I question the claims that they argue follow from it. In some ways, my reaction is that they have not gone far enough in pressing its implications, and I attempt to suggest how further progress might be made along this path. On the whole, I conclude that the antipathy toward algrithms expressed by Allen and Leiter is misplaced.


Fair Labor Standards Act And Sovereign Immunity: Unlocking The Courthouse Door For Texas State Employees., Melinda Herrera Jan 2001

Fair Labor Standards Act And Sovereign Immunity: Unlocking The Courthouse Door For Texas State Employees., Melinda Herrera

St. Mary's Law Journal

Unless Texas expressly waives its Eleventh Amendment sovereign immunity, its state employees will not have similar legal recourse and protection as those available to private employees. As in many other states, a party may not sue the State of Texas without its consent. Thus, in the absence of constitutional or statutory provisions to the contrary, a state may claim sovereign immunity against any suit brought by a private party in both federal and state court. As a result, the Eleventh Amendment effectively precludes private individuals from suing a state in both federal and state court for violating a federal statute …