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Jurisprudence Commons

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2001

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Articles 91 - 120 of 182

Full-Text Articles in Jurisprudence

Politics And Denial, Pierre Schlag Mar 2001

Politics And Denial, Pierre Schlag

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.


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.


Corporate Governance: A Mexican Perspective, Miguel Jauregui Rojas Mar 2001

Corporate Governance: A Mexican Perspective, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Public Offerings Of Securities In The United States By Mexican Companies: U.S. Securities Law, David Huntington Mar 2001

Public Offerings Of Securities In The United States By Mexican Companies: U.S. Securities Law, David Huntington

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser Mar 2001

Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser

Cardozo Law Review

No abstract provided.


Left Over Rights, Daria Roithmayr Mar 2001

Left Over Rights, Daria Roithmayr

Cardozo Law Review

No abstract provided.


Cls 2001, Jeremy Paul Mar 2001

Cls 2001, Jeremy Paul

Cardozo Law Review

No abstract provided.


The Next Century Of Legal Thought?, Steven L. Winter Mar 2001

The Next Century Of Legal Thought?, Steven L. Winter

Cardozo Law Review

No abstract provided.


Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis Mar 2001

Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis

Cardozo Law Review

No abstract provided.


Denial: Not Just A River In Egypt, Gary Minda Mar 2001

Denial: Not Just A River In Egypt, Gary Minda

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.


Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez Jan 2001

Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez

St. Mary's Law Journal

Texas’s use of the Texas Assessment of Academic Skills (TAAS) test as an accountability program has had numerous negative and far-reaching effects on minorities. Today, students in Texas public schools first take the TAAS test in the third grade. Students continue to take a form of the TAAS test each year, with the exit-level assessment initially given in the eleventh grade. Students must pass all four sections–Mathematics, English, Science, and Social Studies–in order to graduate and receive their high school diploma. Although devised to effectively motivate students, schools, and teachers with the goal of enhancing educational standards, the TAAS test …


Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt Jan 2001

Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt

Articles

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.


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.


Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr. Jan 2001

Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.


The European Court Of Human Rights’ Jurisprudence On Issues Of Forced Disappearances, Gobind Singh Sethi Jan 2001

The European Court Of Human Rights’ Jurisprudence On Issues Of Forced Disappearances, Gobind Singh Sethi

Human Rights Brief

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 …


As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner Jan 2001

As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner

Scholarly Articles

This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …


Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey E. Stake Jan 2001

Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.


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.