Jurisprudence Commons^™

The Case For The Legislative Override, Nicholas Stephanopoulos

ExpressO

What is the optimal arrangement of judicial review? Most scholars who have addressed this question have assumed that there are only two important alternatives: judicial supremacy and parliamentary sovereignty. The literature has neglected the conceptual space that exists between these two poles, in particular the innovative legislative override model. This Article describes and evaluates the experiences of the two countries that have adopted the override, Canada and Israel. It also introduces a refined override model that promises to protect fundamental rights while promoting democratic decision-making. Finally, the Article explains which institutional and political contexts are hospitable to the override and …

The Deep Structure Of Law And Morality, Robin B. Kar

ExpressO

This Article argues that morality and law share a deep and pervasive structure, an analogue of what Noam Chomsky calls the “deep structure” of language. This structure arises not to resolve linguistic problems of generativity, but rather from the fact that morality and law engage psychological adaptations with the same natural function: to allow us to resolve social contract problems flexibly. Drawing on and extending a number of contemporary insights from evolutionary psychology and evolutionary game theory, this Article argues that we resolve these problems by employing a particular class of psychological attitudes, which are neither simply belief-like states nor …

Negotiated Acquisitions Of Shares And Assets In Mexico: Common Pitfalls And How To Avoid Them, Pablo Rion

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Issues In Cross-Border Tort Litigation: Forum Non Conveniens, Choice Of Law, And Other Matters, Carlos Loperena

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Pro Se Phenomenon, Drew A. Swank

Brigham Young University Journal of Public Law

No abstract provided.

Current Techniques For Secured Financing Of Negotiated Acquisistions In Mexico, Including Analysis Of Effective Use Of Guarantee Trusts And Pledges Without Possession, Hans P. Goebel Caviedes

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Negotiated Acquisitions Of Company Shares And Assets In The United States: Pitfalls And How To Avoid Them, Wilson Chu

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Enforcement Of Foreign Judgments In The U.S. - A Matter Of State Law In Federal Courts, John A. Spanogle

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: International Tort Litigation Involving The United States And Mexico, Larry Waks, Carlos Loperena, Leonel Pereznieto Castro

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Review Of Current Issues Affecting Economic Development In Mexico, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: A Hypothetical Case Involving Commercial Litigation In The Sale Of Insulation From A U.S. Firm In Kansas To A Purchaser In Monterrey, Mexico, John A. Spanogle, Chris Bauman, Franklin Gill, Carlos Loperena, Leonel Pereznieto Castro

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Immigration Reform Post-9/11, Judith Golub

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The U.S. Supreme Court And The Alvarez-Machain Cases: Recasting International Law, Sherri Burr

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Masthead, United States-Mexico Law Journal

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.

The Formation Of International Energy Transactions, Stuart Broom

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Post-Nafta Conflicts, Jimmie V. Reyna, Miguel Jauregui Rojas, Judith Golub, Stuart Broom

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Tax-Effective Structures For Negotiated Acquisitions In Mexico And The United States, Manuel Rajunov

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Enforcement Of Foreign Arbitral Awards In The U.S. - A Matter Of Federal Law, John A. Spanogle

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progress & Reform, Morse Hyun-Myung Tan

ExpressO

This essay makes a unique case for the existence of justice, higher law and virtue by drawing on classic thinkers from both East and West. It asserts that no better jurisprudential foundation can be found. The need for this foundation emerges more clearly in the international context, but it applies to all legal systems.

After introducing the topic, explaining the relevance of this jurisprudence, responding to objections, and critiquing competing approaches, this essay presents pertinent sources from the East. Well-regarded in the East but less known to the West, writers such as Mencius, Tao, Hsuntze, and the Neo Confucianists from …

Duty And Consequence: A Non-Conflating Theory Of Promise And Contract, Jeffrey Marc Lipshaw

ExpressO

I argue that the debate between deontologists and consequentialists of contract law conflates and therefore unduly confuses the analysis of each of them. The debate is a reprise of the conflation of reason and knowledge. Present-day legal consequentialists see reason (pure or practical) as unhelpful or worse. Pragmatism, if anything, rules the day. But the present-day rationalists fare no better, seeking to make constitutive claims of knowledge on the basis of reason. Hence the concept of contract as promise has been subject to the criticism that it fails as an explanation of the law (versus an exposition of how our …

Rulemaking Versus Adjudication: A Psychological Perspective, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Legal systems make law in one of two ways: by abstracting general principles from the decisions made in individual cases (the adjudicative process) or by declaring general principles through a centralized authority that are to be applied in individual cases (through the rulemaking process). Administrative agencies have long had the unfettered authority to choose between the two methods. Although each method could identify the same solution to the legal issues that come before them, in practice, the two systems commonly settle upon different resolutions. Each system presents the underlying legal issue from a different cognitive perspective, highlighting and hiding different …

Professionalism As Interpretation, W. Bradley Wendel

Cornell Law Faculty Publications

In this Article, I defend the interpretive attitude of professionalism. Professionalism is a stance toward the law which accepts that a lawyer is not merely an agent of her client. Rather, in carrying out her client's lawful instructions, a lawyer has an obligation to apply the law to her client's situation with due regard to the meaning of legal norms, not merely their formal expression. Professionalism requires a lawyer acting in a representative capacity to respect the achievement represented by law, namely the final settlement of contested issues (both factual and normative) with a view toward enabling coordinated action in …

Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed.

Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …

Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion

ExpressO

Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers …

Morals-Based Justifications For Lawmaking: Before And After Lawrence V. Texas, 88 Minn. Law Rev. 1233, Suzanne B. Goldberg

ExpressO

Morals-Based Justifications for Lawmaking: Before and After Lawrence v. Texas looks in depth at the dissonance between the Supreme Court’s rhetorical support for morals-based lawmaking and the Court’s jurisprudence. In taking this approach, the article responds to a central post-Lawrence question regarding the sufficiency of a government’s moral agenda as a justification for restricting individual rights. It turns out, on close review of the cases going back to the mid-1800s, that the Court has almost never relied explicitly on a morals rationale to sustain an allegedly rights-infringing government action.

The article develops several explanations for this avoidance of explicit morals …

Historicism, Progress, And The Redemptive Constitution, Amy Kapczynski

Cardozo Law Review

No abstract provided.

The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett

Cardozo Law Review

No abstract provided.

Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann

Cardozo Law Review

No abstract provided.

The Corporation As God, Douglas Litowitz

ExpressO

No abstract provided.