Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 7231 - 7260 of 9176

Full-Text Articles in Jurisprudence

Private Rights Under The Environment And Labor Agreements, Luis Miguel Diaz Mar 1994

Private Rights Under The Environment And Labor Agreements, Luis Miguel Diaz

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Nafta's Proposed Tri-Lateral Commissions On The Environment And Labor, Ronald W. Kleinman, Joel M. Shapiro Mar 1994

Nafta's Proposed Tri-Lateral Commissions On The Environment And Labor, Ronald W. Kleinman, Joel M. Shapiro

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Recent Legislative Developments Affecting U.S.-Mexico Trade And Investment, Leslie Alan Glick Mar 1994

Recent Legislative Developments Affecting U.S.-Mexico Trade And Investment, Leslie Alan Glick

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Mexican Copyright Protection: Proposals For Better Legislation And Enforcement, Richard E. Neff Mar 1994

Mexican Copyright Protection: Proposals For Better Legislation And Enforcement, Richard E. Neff

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Summary Of Recent Legislative And Administrative Developments In Mexico, David Hurtado Badiola Mar 1994

Summary Of Recent Legislative And Administrative Developments In Mexico, David Hurtado Badiola

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Judicial Cooperation Project Between Arizona And Sonora, D. Michael Mandig Mar 1994

The Judicial Cooperation Project Between Arizona And Sonora, D. Michael Mandig

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Arbitration Of Commercial Disputes In Mexico And The United States: A Panel Discusstion, Michael W. Gordon, Sergio Garcia-Rodriguez, Jose Luis Siquerios Mar 1994

Arbitration Of Commercial Disputes In Mexico And The United States: A Panel Discusstion, Michael W. Gordon, Sergio Garcia-Rodriguez, Jose Luis Siquerios

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Secured Financing Of Real Property In Mexico: A Panel Discussion, John E. Rogers, David Hurtado Badiola, William M. Kahane, Duane H. Zobrist Mar 1994

Secured Financing Of Real Property In Mexico: A Panel Discussion, John E. Rogers, David Hurtado Badiola, William M. Kahane, Duane H. Zobrist

United States - Mexico Law Journal (1993-2005)

No abstract provided.


On The Threshold Of Ethics, Adam Thurschwell Mar 1994

On The Threshold Of Ethics, Adam Thurschwell

Cardozo Law Review

Can the judiciary exercise its authority to interpret the law without committing itself to particular, substantive views of the Good? If not, can law maintain its legitimacy in a democratic society when this legitimacy rests on the state's democratic claim to neutrality vis-i-vis the competing moral visions of its citizens? The fear addressed by these questions-the familiar "counter-majoritarian difficulty"-is that unelected judges will irresponsibly impose their individual moral preferences on an unwilling citizenry. The traditional answer is that interpretation requires no recourse to moral or ethical judgment, because case outcomes may be rationally determined from precedent and other authoritative legal …


Symposium On Law, Literature, And The Humanities. Introduction: Conducting Our Educations In Public, Thomas D. Eisele Jan 1994

Symposium On Law, Literature, And The Humanities. Introduction: Conducting Our Educations In Public, Thomas D. Eisele

Faculty Articles and Other Publications

This symposium grew out of James Boyd White's Marx Lecture, given April 21, 1994, at the University of Cincinnati, and this issue owes its existence to some happy coincidences with that event. One coincidence was the idea occurring to a number of us that, as nice as it would be to publish Professor White's thoughts on the Crito in these pages of the Law Review, how much nicer still it would be to surround those thoughts, or to follow them, with the thoughts of other scholars in the field, showing how these others responded to the text discussed by White …


Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker Jan 1994

Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker

UIC Law Review

No abstract provided.


The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker Jan 1994

The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker

Faculty Publications

Inherent sanctions, like Rule 11 sanctions, may be imposed against any person responsible for wrongdoing, regardless of whether that person is a litigant or an attorney. Sanctionable wrongdoing includes pre litigation misconduct, as well as abuses of process that occur beyond the courtroom, such as the willful disobedience of an otherwise valid court order, so long as the court affords a violation due process before imposing sanctions. In addition to Rule 11's function as a deterrent, inherent sanctions further the goals of compensation and punishment.


Defamation By Will: Theories And Liabilities, 27 J. Marshall L. Rev. 749 (1994), Paul T. Whitcombe Jan 1994

Defamation By Will: Theories And Liabilities, 27 J. Marshall L. Rev. 749 (1994), Paul T. Whitcombe

UIC Law Review

No abstract provided.


Towards The Deconstruction Of Legal Relativism, Philip E. Hesch, Christopher J. Grabarek Jan 1994

Towards The Deconstruction Of Legal Relativism, Philip E. Hesch, Christopher J. Grabarek

St. Thomas Law Review

The purpose of this Article is to examine the Relativist's position, extract the positive elements, and synthesize those elements into a new model of jurisprudence grounded in natural law. Out of this will flow a conceptual framework that allows both reason and empirical observations to be used in evaluating competing "moral" or legal postulates. Part Two of this Article focuses on how crises in science and metaphysics, which are similar to the current conceptual crisis in jurisprudence, were reconciled. Part Three outlines a new model of jurisprudence based on the insights detailed in Part One.


Looking Back In Time: Sixteenth Century Wherefores And Therefores As Part Of The Continuum Of Western Legal Thought, George T. Anagnost, Richard C. Jensen Jan 1994

Looking Back In Time: Sixteenth Century Wherefores And Therefores As Part Of The Continuum Of Western Legal Thought, George T. Anagnost, Richard C. Jensen

Seattle University Law Review

Surrounded with the conveniences of a word processor, form book, and facsimile machine, the modern-day attorney might be tempted to equate the advent of sophisticated commercial transactions with the advent of the electronic age. Just as form follows function, it seems only logical to assume that the use of lengthy, carefully-drafted agreements is reflective of successive generations of sharper, more knowledgeable business clients. Curiously, however, the lesson that history teaches us is different. Looking back in time to the year 1511 at a proposal for the sale of alum between the City of Venice and a banker from Rome, one …


In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell Jan 1994

In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell

UIC Law Review

No abstract provided.


Walking On Thin Ice: The Changing Liability Of Attorneys In The Securities Arena, 27 J. Marshall L. Rev. 909 (1994), Scott A. Crist Jan 1994

Walking On Thin Ice: The Changing Liability Of Attorneys In The Securities Arena, 27 J. Marshall L. Rev. 909 (1994), Scott A. Crist

UIC Law Review

No abstract provided.


Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit Jan 1994

Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit

UIC Law Review

No abstract provided.


An Introduction For Judges And Lawyers To Plato's Apology Of Socrates, William T. Braithwaite Jan 1994

An Introduction For Judges And Lawyers To Plato's Apology Of Socrates, William T. Braithwaite

Loyola University Chicago Law Journal

No abstract provided.


The Buffalo River: Jurisprudence Of Preservation, John W. Ragsdale Jr Jan 1994

The Buffalo River: Jurisprudence Of Preservation, John W. Ragsdale Jr

Faculty Works

No abstract provided.


Are Rules Really Better Than Standards?, Joseph R. Grodin Jan 1994

Are Rules Really Better Than Standards?, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro Jan 1994

Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro

St. Mary's Law Journal

Every decade, after the federal government has taken the census, Americans endure the process of redistricting Congress, state legislatures, county commissioner precincts, school boards, city councils, and a host of other elected bodies. Governed by the interplay of federal, state, and local law, the reapportionment process would seem to be a relatively easy task in theory. Yet, overriding forces unique to the political arena and the judiciary’s voice in redistricting questions undermine the implementation of such a simple system. Narrow interpretation of the Voting Rights Act of 1965 by the United State Supreme Court and lower federal courts further intensify …


Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse Jan 1994

Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse

St. Mary's Law Journal

It is common lore among bankruptcy trustees and lawyers that a bankruptcy trustee has an unlimited time period under the Bankruptcy Code (the Code) to file objections to claims. Neither Section 502(a) of the Code nor Federal Rule of Bankruptcy Procedure 3007 contains time limitations within which an objection to a claim must be filed. Yet, creative creditor attorneys have fashioned arguments that the two-year limitations period placed on avoidance actions by Section 546(a) of the Code applies to claim objection proceedings brought under Section 502(d). Because courts have held the limitations period of Section 546(a) applies to claim objection …


Zen And The Art Of Lawyering, James L. Mchugh Jan 1994

Zen And The Art Of Lawyering, James L. Mchugh

Villanova Law Review (1956 - )

No abstract provided.


Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson Jan 1994

Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson

Faculty Scholarship

This Article explores the constitutional aspects of Minnesota privacy law. Part II briefly explains federal privacy law to provide a baseline for consideration of privacy law in Minnesota. Part III examines the right of privacy as it has evolved in the Minnesota common law. Part IV evaluates the Minnesota Supreme Court's application of federal privacy standards and then examines the court's decisions that outline the right of privacy under the Minnesota Constitution. Part V concludes by raising questions concerning the potential application of the court's concept of privacy under the Minnesota Constitution as applied to two areas: same-sex marriages and …


By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins Jan 1994

By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins

Faculty Scholarship

Both the Supreme Court's jurisprudence of gender and feminist legal theory have generally assumed that some identifiable and describable category of woman exists prior to the construction of legal categories. For the Court, this woman-whose characteristics admittedly have changed over time-serves as the standard against which gendered legal classifications are measured. For feminism, her existence has served a different but equally important purpose as the subject for whom political goals are pursued. To the extent that the definitions of the category diverge, the differences among definitions are played out in feminist critiques of the Court's gender jurisprudence, and, occasionally, in …


The Failure Of The Act: Conceptions Of The Law In The Merchant Of Venice, Bleak House, Les Miserables, And Richard Weisberg’S Poethics, Daniel H. Lowenstein Jan 1994

The Failure Of The Act: Conceptions Of The Law In The Merchant Of Venice, Bleak House, Les Miserables, And Richard Weisberg’S Poethics, Daniel H. Lowenstein

Cardozo Law Review

Richard Weisberg is a leading participant in the academic subfield known as "Law and Literature," which is dedicated to what Weisberg aptly describes as "the delightful task of associating two major human enterprises: establishing justice and telling stories."In his most recent book, Poethics: And Other Strategies of Law and Literature, Weisberg attempts to provide, "more systematically . . . than elsewhere," a "guidebook to Law and Literature theory and practice." Several of the chapters in Poethics were written for other occasions and previously published; accordingly, it is no surprise that Weisberg succeeds more in demonstrating his critical acuity, the …


The Presence Of Family Members And Others During Attorney-Client Communications: Himmel's Other Dilemma, Jeffrey A. Parness Jan 1994

The Presence Of Family Members And Others During Attorney-Client Communications: Himmel's Other Dilemma, Jeffrey A. Parness

Loyola University Chicago Law Journal

No abstract provided.


U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger Jan 1994

U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger

St. Mary's Law Journal

U.S. persons who plan to do business in Mexico or invest in new or existing Mexican business ventures are faced with a myriad of U.S. federal income tax issues. U.S. counsel advising U.S. persons regarding the ownership structure for a contemplated business or investment in Mexico should have a basic understanding of the U.S. system of international taxation. While a working knowledge of Mexico’s tax system is also helpful, Mexican counsel can provide information regarding the Mexican tax implications of doing business or investing in Mexico. A review of the U.S. system of international taxation should begin with a consideration …


Absurdity And The Limits Of Literalism: Defining The Absurd Result Principle In Statutory Interpretation, Veronica Dougherty Jan 1994

Absurdity And The Limits Of Literalism: Defining The Absurd Result Principle In Statutory Interpretation, Veronica Dougherty

Law Faculty Articles and Essays

The absurd result principle in statutory interpretation provides an exception to the rule that a statute should be interpreted according to its plain meaning. In an age of increasing debate about the proper approach to statutory interpretation, and of increasing emphasis on literal approaches, the absurd result principle poses intriguing challenges to literalism and to theories of interpretation generally.The absurd result principle is extraordinarily powerful. It authorizes a judge to ignore a statute's plain words in order to avoid the outcome those words would require in a particular situation. This is a radical thing; judges are not supposed to rewrite …