Jurisprudence Commons^™

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Role Of Certificados Bursatiles, Collateral Arrangements And Other Important Aspects Of Raising Infrastructure Finance, Carlos Malpica Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Current Issues In Corporate Governance For Mexican Companies, Including Effects Of Sarbanes-Oxley, Thomas S. Heather

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Oh Romeo, Donde Estas?, Jimmie V. Reyna

United States - Mexico Law Journal (1993-2005)

No abstract provided.

For A Better Understanding Between Mexico And The United States, Miguel I. Estrada Samano

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Disenchantment Of Logically Formal Legal Rationality Or Max Weber's Sociology In The Genealogy Of The Contemporary Mode Of Western Legal Thought, Duncan Kennedy

ExpressO

Max Weber began his sociology of law with a description of the then present of Western legal thought, along with a brief summary of its previous stages. This appreciation begins with a summary description of the Western legal thought of Weber's time, as it looks from our present 100 years later, emphasizing the contrast between the mainstream of his time, now called Classical Legal Thought, and its critics in the social current. Part II presents Weber's sociology of law, comparing and contrasting his approach with that of the social current. The most striking thing about Weber's sociology of law, from …

Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson

ExpressO

Many the states currently use a version of the entrapment defense known as the “objective test,” which focuses solely on the extent of police overreaching in the case, and seeks to deter police misconduct by acquitting the defendant. Acquitting defendants as a means of deterring undercover police misconduct, however, is a public policy fraught with problems, and these problems have not been adequately addressed in the literature to date. This article applies the insights of modern deterrence theory to wrongful activity by police in undercover operations. In doing so, three general problems emerge. First, the objective test relies on an …

Benitez V. Wallis: Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Evan Caminker

Appellate Briefs

This case addresses the due process rights of aliens in the United States who have been detained indefinitely pending final removal, because the United States is unable to deport them. Amici curiae are 24 professors of constitutional law, immigration law, foreign relations law, American legal history and federal courts at law schools in the United States. Amici have expertise in the constitutional law of the United States relating to foreign relations, immigration, and due process, and many have written about the due process principles raised by this case. The professional interest of amici is in ensuring that the Court is …

Procedural Justice, Lawrence B. Solum

ExpressO

The real work of procedure is to guide conduct. It is sometimes said that the regulation of primary conduct is the work of the general and abstract norms of substantive law—clauses of the constitution, statutes, regulations, and common law rules of tort, property, and contract. But substance cannot effectively guide primary conduct without the aid of procedure. This is true because of three problems: (1) the problem of imperfect knowledge of law and fact, (2) the problem of incomplete specification of legal norms, and (3) the problem of partiality. The solution to these problems is particularization by a system of …

Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson

Michigan Law Review

According to the Supreme Court, the Federal Constitution limits not only the types of matters that federal courts can adjudicate, but also the parties who can bring those matters before them. In particular, the Court has held that private citizens who have suffered no concrete private injury lack standing to ask federal courts to redress diffuse harms to the public at large. When such harms are justiciable at all, the proper party plaintiff is the public itself, represented by an authorized officer of the government. Although the Court claims historical support for these ideas, academic critics insist that the law …

The Uhf Discount: Shortchanging The Public Interest, Cecilia Rothenberger

American University Law Review

No abstract provided.

Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza

American University Law Review

No abstract provided.

The Duke And The Lady: Helvering V. Gregory And The History Of Tax Avoidance Adjudication, Assaf Likhovski

Cardozo Law Review

No abstract provided.

Reading The Fossil Record: A New Look At Old Law, Elliot Gardner

Cardozo Law Review

No abstract provided.

Immaturity, Normative Competence, And Juvenile Transfer: How (Not) To Punish Minors For Major Crimes, David O. Brink

ExpressO

This essay critically examines the national trend to get tough on juvenile crime by making it easier to transfer juvenile offenders to adult criminal court. It assesses this trend in light of different rationales for punishment, arguing that immaturity provides retributive, deterrent, and corrective reasons to punish juvenile crime differently than otherwise similar adult crime. Insofar as retributive concepts determine whom to punish and how much to punish, it is especially important that immaturity involves diminished normative competence and, hence, diminished responsibility. In defending a traditional approach to juvenile criminal justice against the reforms embodied in the transfer trend, the …

Introduction To Law, Ethics, And Affirmative Action In America, Joseph P. Tomain

Faculty Articles and Other Publications

This article discusses the language of the opinion in Grutter v. Bollinger. The rhetoric and language that we use to address race is difficult, if not tortured. The article explains why Grutter should have been an easy case and a simple opinion, and the ways in which the final opinion was anything but simple.

Justice Sandra Day O'Connor: The World's Most Powerful Jurist?, Diane Lowenthal, Barbara Palmer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Hegemony Of The Copyright Treatise, Ann Bartow

Law Faculty Scholarship

This Article asserts that major conceptions about the appropriate structure, texture, and span of copyright protections and privileges have been fashioned by copyright treatises, particularly the various editions of Nimmer on Copyright. Copyright treatises function in concert with the machinations of Congress, the courts, and custom, but their role is not often scrutinized.

Because copyright treatises typically do a far better job than Congress or the courts of explicating copyright law in straightforward and accessible language, such treatises can not only communicate the copyright law, but also influence its development and direction. Policy makers no doubt understand that content owners …

The Priority Of Respect: How Our Common Humanity Can Ground Our Individual Dignity, Richard Stith

Law Faculty Publications

In this essay, we notice that the priority of persons, the unbridgeable political gap between persons and mere things, corresponds to a special sort of moral and legal treatment for persons, namely, as irreplaceable individuals. Normative language that conflates the category of person with fungible kinds of being can thus appear to justify destroying and replacing human beings, just as we do with things. Lethal consequences may result, for example, from a common but improper extension of the word “value” to persons. The attitude and act called “respect” brings forth much more adequately than “value” the distinctively individual priority of …

Avoidable Due Process Confusion: Special Use Hearings In Illinois After Klaeren, 38 J. Marshall L. Rev. 609 (2004), James C. Munson, Christi J. Guerrini

UIC Law Review

No abstract provided.

Brown’S Legacy: Looking Back, Moving Forward, Wilhelmina M. Wright

William Mitchell Law Review

This keynote speech was delivered at the Lena O. Smith Luncheon on May 7, 2004. Lena O. Smith was the first African-American woman to practice law in Minnesota. In 1921, she graduated from Northwestern College of Law, a predecessor of William Mitchell College of Law. See generally Ann Juergens, Lena Olive Smith: A Minnesota Civil Rights Pioneer, 28 Wm. Mitchell L. Rev. 397 (2001).

Windfall Justice: Sentences At The Mercy Of Hypertechnicality, Jack Nordby

William Mitchell Law Review

Once upon a time (a time not so remote as to be beyond the memories of many of us who still toil in the vineyards of justice), the severity of a criminal sentence was determined largely at the whim of the trial judge, who was guided only by vague considerations of suitability. Non-premeditated murder, for example, might be punished by anything from probation to forty years in prison. A parole board exercised a similarly subjective power to temper the term with early release. Then, about a quarter century ago, the legislature created a commission to establish sentencing “guidelines,” said to …

The Pace And Cause Of Change, 37 J. Marshall L. Rev. 357 (2004), Larry D. Kramer

UIC Law Review

No abstract provided.

Reflections On Judicial Review And The Plight Of The Poor In A World Where Nothing Works, 37 J. Marshall L. Rev. 555 (2004), Walter J. Kendall Iii

UIC Law Review

No abstract provided.

Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken

UIC Law Review

No abstract provided.

The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson

UIC Law Review

No abstract provided.

The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman

UIC Law Review

No abstract provided.

Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill

UIC Law Review

No abstract provided.

Consular Absolutism: The Need For Judicial Review In The Adjudication Of Immigrant Visas For Permanent Residence, 37 J. Marshall L. Rev. 577 (2004), Maria Zas

UIC Law Review

No abstract provided.

Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben

UIC Law Review

No abstract provided.