Jurisprudence Commons^™

“Now The Machine Runs Itself”: Carl Schmitt On Hobbes And Kelsen, David Dyzenhaus

Cardozo Law Review

Carl Schmitt claimed that the fundamental distinction of politics is the distinction between friend and enemy. That distinction, he said, has to be put on a substantive basis, which, in the era of the nation state, he supposed must amount to an idea of the homogeneity of the people. Since liberal democracy is opposed to this kind of substance, Schmitt argued that liberalism cannot make the distinction between friend and enemy. It thus cannot defend itself against its enemies. It is no wonder that he remains the leading theorist of fascism.

Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham

Articles

No abstract provided.

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Faculty Publications

No abstract provided.

John Marshall And The Moral Basis For Judicial Review, David F. Forte

Law Faculty Articles and Essays

During the last two decades, many observers have been disappointed in some of the appointments to the federal bench and in the judicial philosophies some judges have brought with them. But if we turn to the source of our constitutional order, we would find in the example of John Marshall the moral basis for the judicial craft.

Dicta And Article Iii, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Discussion And Decisions: A Proposal To Replace The Myth Of Self-Rule With An Attorneyship Model Of Representation, Marci A. Hamilton

Articles

The traditional model used by legal scholars to describe our system of representative democracy seeks to justify representation as a fulfillment of the self-rule ideal Many scholars, however, have argued that certain features of the modem legislative process undermine self-rule, and have proposed means by which judicial review can correct legislative failures and restore self-rule to primacy. Drawing on German philosopher Carl Schmitt's critique of parliamentary democracy in Weimar Germany, Professor Hamilton posits that scholarly attempts to reconcile self-rule with representative democracy are misguided. Representation based on self-rule will inevitably lead to interest-group politics, resulting in meaningless and endless debate …

In Re Reprimand Of Davis & Haffeman, 93-Ap-27 (Blkft. Tr. Ct. App., May 11, 1994), Blackfeet Appellate Court

Blackfeet Tribe

In the Blackfeet Tribal Court of Appeals, the Court clarified that attorney discipline for misconduct is an administrative decision that does not require a show cause hearing to decide the controversy. Rather, the attorneys are entitled to an administrative panel. Attorneys facing reprimand for misconduct may be allowed to complete their current case load, at the Courts discretion, until a final decision is made to determine their ability to practice law in tribal courts.

Rereading "The Federal Courts": Revising The Domain Of Federal Courts Jurisprudence At The End Of The Twentieth Century, Judith Resnik

Vanderbilt Law Review

A first enterprise in understanding and reframing Federal Courts jurisprudence is to locate, descriptively, "the Federal Courts." This activity-identifying the topic-may seem too obvious for comment, but I hope to show its utility. One must start with a bit of history, going back to the "beginning" of this body of jurisprudence. The relevant date is 1928, when Felix Frankfurter and James Landis, who began this conversation, published their book, The Business of the Supreme Court: A Study in the Federal Judicial System. Three years later, in 1931, Felix Frankfurter, then joined by Wilber G. Katz (and later by Harry Shulman), …

Les Représentations De «Société Libre Et Démocratique» A La Cour Dickson : La Rhétorique Dans Le Discours Judiciaire Canadien, Andree Lajoie, Regine Robin, Sebastien Grammond, Henry Quillinan, Louise Rolland, Stéphane Perrault, Armelle Chitrit

Osgoode Hall Law Journal

The expression "free and democratic society" is the focus of our research, which sheds light on the contribution of the Supreme Court to the constitutionalization of this concept. Leaving aside the institutional and psycho-social factors, the study confirms the hypothesis that the interpretation of this expression will vary (1) according to the conceptions formerly held by the individual judges and (2) with respect to the factors favoured by a rhetorical Perelman-like analysis, which considers the factual and judicial context and the expectations of both the universal and specific audiences. At the Supreme Court level, the expectations of the latter should …

The Impact Of Daubert On The Admissibility Of Scientific Evidence: The Supreme Court Catches Up With A Decade Of Jurisprudence, Arvin Maskin

Cardozo Law Review

Over the past several years a host of new civil damage theories has emerged, notably in the mass tort area. These include claims for increased risk of disease, fear of disease, hedonic damages, immunotoxicity, and medical surveillance. In the great majority of these cases, the dispositive issue reduces to causation, which invariably turns upon scientific evidence. Moreover, the stakes in these cases have greatly escalated. For example, the $180 million settlement in the Agent Orange case seemed like a lot of money in 1984, until several years later when the Dalkon Shield litigation, which involved the sale of a single …

Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam

Articles

Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.

In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …

How Mexico Has Fared Under United States Trade Remedy Laws, Janet Nuzum

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Regulations To Protect The Environment In Mexico, Leopoldo Burguete-Stanek

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Rendering And Enforcing Foreign Judgments In Mexico And The United States: A Panel Discussion, Michael W. Gordon, David Epstein, Ignacio Gomez-Palacio, Charles T. Dumars

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Comentarios Sobre El Regimen Legal De Los Contratos Garantizados Con Bienes En Los Estados Unidos De America (Para Abogados Mexicanos): Articulo 9 Del Uniform Commercial Code, Frederick M. Hart

United States - Mexico Law Journal (1993-2005)

No abstract provided.

West On Story And Theory, Lewis H. Larue

Scholarly Articles

Not available.

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.

Secured Financing Of Personal Property In Mexico: A Panel Discussion, John E. Rogers, Agustin Berdeja-Prieto, James Mayor, Michael Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Hypothetical Problem. Panel Disucssions On Enforcement Of Foreign Judgments And Arbitration: The Views From Mexico And The United States, Michael W. Gordon

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Prospects For Modernization Of Financing Of Mexican Business, John E. Rogers

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Control Mechanisms In International Dispute Resolution, W. Michael Reisman

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Concluding Remarks, Leo M. Romero

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 15, Issue 5

Cardozo Law Review

No abstract provided.

Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich

Cardozo Law Review

No abstract provided.

Language And Materialism, Christina Crosby

Cardozo Law Review

A report issued by the United Nations recently predicted that "[i]t will take nearly 1,000 years for women to gain the same economic and political clout as men if current trends continue." Indeed, when one reflects on the wrongs done worldwide to women-the silent violence of exploitation and indifference, the pervasive violence of disgust and contempt, the brutal violence of murder and mutilationone wonders, first, whether even a millennium will bring "equal representation in 'the higher echelons of political and economic power,' and second, whether anything would really be changed if women one day come to exercise the same "clout" …

"Reading At The Limit", Elizabeth Weed

Cardozo Law Review

In the future, when we reflect upon the phenomenon of "postmodernity," we may be most surprised by its permissiveness. Accustomed as we are to the blurring of genres and disciplinary boundaries, we can forget that the disciplinary gates have been open only a few decades and that they may well close again. Of course, philosophers have always moved freely within the discipline of the law; historians and sociologists have had their place; and now, literary critics and feminist theorists move there as well, through Critical Legal Studies (PoL pp. 100-05), feminist studies (PoL pp. 100-03), critical race theory, …

Errata, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

This errata is for "Confronting Differences in the United States and Mexican Legal Systems in the Era of NAFTA," by James F. Smith and Aureliano Gonzalez-Baz, Volume 1 (1993).

Introductory Remarks, John M. Stephenson Jr., Jimmie V. Reyna, Jorge Martinez Sverdrup

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Current Status Of The North American Free Trade Agreement, Judith H. Bello

United States - Mexico Law Journal (1993-2005)

No abstract provided.