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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
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
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
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
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
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
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
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
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
Front Matter, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Masthead, United States-Mexico Law Journal
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
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
Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
UIC Law Review
No abstract provided.
Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell
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
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
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 …