Jurisprudence Commons^™

Lawyers, Guns And Money: Content Contextualism And The Cognitive Foundations Of Statutory Interpretation, Gary Blasi

ExpressO

The field of statutory interpretation is one of central importance to both lawyers and judges, perhaps even more central to their daily work than the analysis of appellate opinions. As a field of academic inquiry, however, the field has become rather stagnant and seems now at a stalemate between contending schools of thought, with most siding against the pure forms of textualism sometimes associated with Justice Scalia and arguing for some form of contextualism. What kinds of context should matter is disputed. Thus far, however, scholars have paid remarkably little attention to one crucial contextual factor: What is the statute …

Predatory Investments, Richard S. Markovits

ExpressO

No abstract provided.

Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf

ExpressO

No abstract provided.

Something Fishy, Tamara R. Piety

ExpressO

The story of how one law professor encountered "Moby-Dick" and found therein a reading that offered an opportunity to introduce students to several general themes that resound in the study of law including the question of the function of law, the role of interpretation by analogy, formalism and many others.

Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford

ExpressO

The number of states, corporations, and religious groups formally disowning past records of egregious human injustice is mushrooming. Although the Age of Apology is a global phenomenon, the question of reparations—a tort-based mode of redress whereby a wrongdoing group accepts legal responsibility and compensates victims for the damage it inflicted upon them—likely consumes more energy, emotion, and resources in the U.S. than in any other jurisdiction. Since the final year of the Cold War, the U.S. and its political subdivisions have apologized or paid compensation to Japanese-American internees, native Hawaiians, civilians killed in the Korean War, and African American victims …

The Aretaic Turn In Constitutional Theory, Lawrence B. Solum

ExpressO

“The Aretaic Turn in Constitutional Theory” argues that an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators.

Part I, “The Most Dysfunctional Branch,” advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions on particular issues and the fervor of their ideological passions.

Part II, “Institutionalism and Constitutional Interpretation,” engages Cass Sunstein …

The Role Of Purposivism In The Delegation Of Rulemaking Authority To The Courts, Michael Rosensaft

ExpressO

The courts are often used by Congress as a “political lightning rod,” when Congress cannot decide how to resolve an issue. Congress relies on administrative agencies for their expertise, and it also makes sense for Congress to delegate some rulemaking authority to the courts, relying on a court’s expertise in developing caselaw in an incremental basis. However, this authority should not be lightly implied. A court can tell that Congress has delegated rulemaking authority to it when the purpose of the statute is clear and the text is broadly worded. It thus makes sense in these cases that purposivism should …

Beyond Rights: Legal Process And Ethnic Conflicts, Elena A. Baylis

ExpressO

Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. The realities of ethnic conflict are daunting: ethnic disputes tend to be both persistent and complex, and efforts to use democracy or ethnic-blind policies to deal with those conflicts tend to fail. While multi-ethnic states have struggled to devise political solutions for ethnic conflict, they have largely ignored the role that legal processes might play in resolving ethnic discord. But at certain crucial moments in the development of ethnic conflicts, legal processes such as mediation, adjudication, and constitutional interpretation might effectively address these disputes.

This article explores …

A Tribute To Franklin Gill, Esq. And Mary Gill, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Benefits Of The North American Free Trade Agreement, Lloyd Day

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Last Ten Years Of Mexican Agriculture, Jorge Molina L.

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Escenarios Del Futuro Mexicano, Raymundo Gil Rendon

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Rights, Rationality, And The Preemption Of Reasons, Richard Warner

All Faculty Scholarship

No abstract provided.

Panel Discussion: The Loose Thread Of Nafta, Raymundo Gil Rendon, Lloyd Day, Jorge Molina Larrondo

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Financing Mexican Infrastructure Development, John Stephenson, Miguel Jauregui Rojas, Carlos Malpica Hernandez, Carol M. Mates, Gerardo Freire Alvarado, Inigo De La Borolla

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Introduction Of The Panel Discussion With Alejandro Garcia Seimandi And Nashielly Escobedo, Adrian Vazquez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Comments On The United States-Mexico Relationship, Jimmie V. Reyna, Raymundo Gil Rendon, Miguel I. Estrada Samano

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.

Changing Role Of Mexican Accounting Firms And Of Comisario, And Response To Sarbanes-Oxley, Jose O. Garcia Mata

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: The Red And Green Lights Of Homeland Security, Jimmie V. Reyna, Steven Poulin, Robert B. Birthisel

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Financing Mexican Infrastructure Development: Incentivizing Finance Projects, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Reliable Companies And Strategic Bonded Areas, Nashielly Escobedo

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Corporate Governance And The Impact Of Sarbanes-Oxley, John Stephenson, Jose O. Garcia Mata, Thomas Heather

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Mexico's Preferential Customs Programs, Adrian Vazquez, Nashielly Escobedo, Alejandro Garcia Seimandi

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Current Issues In United States-Mexico Law And Society, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Maquiladora And Pitex Programs: Trying To Improve The Obsolete, Alejandro Garcia Seimandi

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Infrastructure Financing In Mexico: The Role Of The International Finance Corporation, Carol M. Mates

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Antitrust Immunity And Standard Setting Organizations: A Case Study In The Public-Private Distinction, Christopher L. Sagers

Cardozo Law Review

No abstract provided.

Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton

Washington and Lee Law Review

No abstract provided.

Preface, Jaime L. Henshaw

University of Richmond Law Review

No abstract provided.