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Jurisprudence Commons

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2002

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Articles 91 - 120 of 197

Full-Text Articles in Jurisprudence

Observations On Cross-Border Insolvencies And Their Resolution In The Nafta Region: Where Are We Now, Douglas A. Doetsch, Aaron L. Hammer Mar 2002

Observations On Cross-Border Insolvencies And Their Resolution In The Nafta Region: Where Are We Now, Douglas A. Doetsch, Aaron L. Hammer

United States - Mexico Law Journal (1993-2005)

No abstract provided.


A Banking Perspective On The Recent Amendments To Mexican Secured Transactions Law, Anthony Mccarthy Mar 2002

A Banking Perspective On The Recent Amendments To Mexican Secured Transactions Law, Anthony Mccarthy

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Introductory Remarks On Corporate Governance In Mexico, John E. Rogers Mar 2002

Introductory Remarks On Corporate Governance In Mexico, John E. Rogers

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Questions And Comments On Mexican Secured Transaction Laws, Michael L. Owen, Carlos Aiza Haddad, Anthony Mccarthy Mar 2002

Questions And Comments On Mexican Secured Transaction Laws, Michael L. Owen, Carlos Aiza Haddad, Anthony Mccarthy

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion On Recent Amendments Of Mexican Banking And Securities Law, John E. Rogers, Luis Capin Lopez, Francisco Carrillo Gamboa, Eduardo Martinez Rodriguez, Lee Polson Mar 2002

Panel Discussion On Recent Amendments Of Mexican Banking And Securities Law, John E. Rogers, Luis Capin Lopez, Francisco Carrillo Gamboa, Eduardo Martinez Rodriguez, Lee Polson

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Front Matter, United States-Mexico Law Journal Mar 2002

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


United States-Mexico Economic Convergence, Rogelio Ramirez De La O Mar 2002

United States-Mexico Economic Convergence, Rogelio Ramirez De La O

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Review Of Legal Developments In Mexico: 2000-2001, Miguel Jauregui Rojas Mar 2002

Review Of Legal Developments In Mexico: 2000-2001, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Mexico's Attempt To Reform The Guaranty Trust Agreement And To Create The Floating Lien Pledge, Carlos Aiza Haddad Mar 2002

Mexico's Attempt To Reform The Guaranty Trust Agreement And To Create The Floating Lien Pledge, Carlos Aiza Haddad

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Commerical Transactions By Electronic Commerce Involving The United States, Mexico And The European Union, Michael W. Gordon, J. Michael Norwood, Roger Saldana, John Andrew Spanogle Mar 2002

Commerical Transactions By Electronic Commerce Involving The United States, Mexico And The European Union, Michael W. Gordon, J. Michael Norwood, Roger Saldana, John Andrew Spanogle

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion: A Comparison Of Ley De Quiebras Y Suspension De Pagos With The New Ley De Concursos Mercantiles, Michael L. Owen, Nathalie Martin, Orlando Loera, Douglas A. Doetsch, Jose Maria Abascal, Luis Manuel Mejan, Stephen Kargman, Anthony Mccarthy Mar 2002

Panel Discussion: A Comparison Of Ley De Quiebras Y Suspension De Pagos With The New Ley De Concursos Mercantiles, Michael L. Owen, Nathalie Martin, Orlando Loera, Douglas A. Doetsch, Jose Maria Abascal, Luis Manuel Mejan, Stephen Kargman, Anthony Mccarthy

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Convergence: Future Integration Between Mexico And The United States, Gustavo Vega Canovas Mar 2002

Convergence: Future Integration Between Mexico And The United States, Gustavo Vega Canovas

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Evolution Of The "Essential Nexus": How State And Federal Courts Have Applied Nollan And Dolan And Where They Should Go From Here, J. David Breemer Mar 2002

The Evolution Of The "Essential Nexus": How State And Federal Courts Have Applied Nollan And Dolan And Where They Should Go From Here, J. David Breemer

Washington and Lee Law Review

No abstract provided.


Two Cheers For Freedom Of Contract, Mark L. Movsesian Mar 2002

Two Cheers For Freedom Of Contract, Mark L. Movsesian

Cardozo Law Review

No abstract provided.


Judges As Altruistic Hierarchs, Lynn A. Stout Mar 2002

Judges As Altruistic Hierarchs, Lynn A. Stout

Cornell Law Faculty Publications

No abstract provided.


Welcome To Guanajuato, Juan Carlos Romero Hicks Mar 2002

Welcome To Guanajuato, Juan Carlos Romero Hicks

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Introduction: What Is The Future Of U.S.-Mexico Market Convergence?, Jimmie V. Reyna Mar 2002

Introduction: What Is The Future Of U.S.-Mexico Market Convergence?, Jimmie V. Reyna

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Instituto Federal De Especialistas De Concursos Mercantiles (Ifecom), Manuel C. Mejan Carrer Mar 2002

Instituto Federal De Especialistas De Concursos Mercantiles (Ifecom), Manuel C. Mejan Carrer

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Development Of Corporate Governance In The Context Of Full Disclosure In The United States, Lee Polson Mar 2002

Development Of Corporate Governance In The Context Of Full Disclosure In The United States, Lee Polson

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Recent Reforms In Mexican Rules On Corporate Governance And Shareholder Rights, Francisco Carrillo Gamboa Mar 2002

Recent Reforms In Mexican Rules On Corporate Governance And Shareholder Rights, Francisco Carrillo Gamboa

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Losing Sight Of The Utilitarian Forest For The Retributivist Trees: An Analysis Of The Role Of Public Opinion In A Utilitarian Model Of Punishment, Andrew R. Strauss Mar 2002

Losing Sight Of The Utilitarian Forest For The Retributivist Trees: An Analysis Of The Role Of Public Opinion In A Utilitarian Model Of Punishment, Andrew R. Strauss

Cardozo Law Review

No abstract provided.


Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport Mar 2002

Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.


Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis Mar 2002

Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis

Articles

This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …


Juries, Justice And Multiculturalism, Nancy S. Marder Feb 2002

Juries, Justice And Multiculturalism, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch Feb 2002

Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch

Cardozo Law Review

This Article argues that nationalist jurists in the early nineteenth century attempted to replace the dominant procedural conception of the common law with a substantive one. Their purpose was to ameliorate the effects of legal federalism. They hoped that the creation of a national body of private law in treatises and judicial reports would encourage legal uniformity among the states. The reorientation of waterway law around the keyword "navigability" offers one example. As this example demonstrates, the project of forging a national jurisprudence was not entirely successful. But it did, indirectly, generate a way for the Supreme Court to extend …


Two Concepts Of Immortality: Reframing Public Debate On Stem-Cell Research, Frank Pasquale Jan 2002

Two Concepts Of Immortality: Reframing Public Debate On Stem-Cell Research, Frank Pasquale

Faculty Scholarship

Regenerative medicine seeks not only to cure disease, but also to arrest the aging process itself. So far, public attention to the new health care has focused on two of its methods: embryonic stem-cell research and therapeutic cloning. Since both processes manipulate embryos, they alarm those who believe life begins at conception. Such religious objections have dominated headlines on the topic, and were central to President George W. Bush's decision to restrict stem-cell research.

Although they are now politically potent, the present religious objections to regenerative medicine will soon become irrelevant. Scientists are fast developing new ways of culturing the …


Between Law And Virtue, Joseph P. Tomain, Barbara Watts Jan 2002

Between Law And Virtue, Joseph P. Tomain, Barbara Watts

Faculty Articles and Other Publications

Legal ethics, professional responsibility, and professionalism are timely topics as lawyers continually reevaluate the standards of their profession, particularly in light of the challenges of multidisciplinary and multijurisdictional practice, as well as the embarrassment facing lawyers involved in and surrounding the Enron collapse. In this article, our goal is to discuss how to think and talk about ethics and professionalism. By way of preview, we need to understand that ethics and professionalism use different vocabularies and, consequently, talk past each other to some extent. Our hope is that understanding the existence of these two vocabularies helps reduce the misunderstanding. Both …


Legal Context: Reading Statutes In Light Of Prevailing Legal Precedent, Bradford Mank Jan 2002

Legal Context: Reading Statutes In Light Of Prevailing Legal Precedent, Bradford Mank

Faculty Articles and Other Publications

An important question is when judges should consider contextual evidence about the meaning of a statute. Judges usually will read a statute's text in light of judicial precedent prevailing at the time of its enactment to understand the contemporary meaning of various words or phrases in the statute.' A more difficult issue is whether courts should consider contemporary judicial context if a statute's text is silent about an issue. The use of contemporary context to imply statutory meaning has been especially controversial where the issue is whether courts should imply a private right of action.


Can Treaty Law Be Supreme, Directly Effective, And Autonomous--All At The Same Time?, Richard Stith, J.H.H. Weiler Jan 2002

Can Treaty Law Be Supreme, Directly Effective, And Autonomous--All At The Same Time?, Richard Stith, J.H.H. Weiler

Law Faculty Publications

No abstract provided.


Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii Jan 2002

Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii

St. Mary's Law Journal

The Texas Supreme Court and the State Bar of Texas should fully adopt the proposals to the Rules of Professional Conduct 1.05–1.13 addressing attorney confidentiality and conflicts of interest. Historically, the Rules of Professional Conduct have set a floor which a lawyer may be subject to discipline, the Rules, however, do not offer bright lines for deciding questions of law, ethics, or fairness. Because the rules of professional responsibility in the legal industry are ambiguous in nature and often encumber a lawyer’s ability to effectively represent clients, the Texas Disciplinary Rules Committee recommends modification to the Rules of Professional Conduct …