Jurisprudence Commons^™

Self-Incrimination

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

Efficiency And Individualism, Gary S. Lawson

Faculty Scholarship

Law and economics-the systematic application of neoclassical price theory to legal problems has dominated the legal academy in recent years. One recent study found that law and economics "for several decades appears to have pervaded about one quarter of scholarship in elite law reviews," and that figure may seriously

understate the theory's influence. A number of justifiably well regarded scholarly journals devote themselves almost exclusively to economic analysis of law, and the subject is now a regular part of law school curricula.' Perhaps most importantly, law and economics is a pervasive and influential presence in informal academic discussions. Even legal …

Joint Ventures In Mexico: A Current Perspective., Rona R. Mears

St. Mary's Law Journal

The Article is intended to go beyond legal issues, to address core practical considerations in forging successful U.S.-Mexico joint ventures. Opportunities unmatched in Mexico’s history are now available for foreign investors and traders doing business in Mexico. This Article will begin by presenting a historical perspective on joint venturing in Mexico and then contrast it with an examination of current uses of joint ventures in Mexico. It will also highlight the traditional advantages of strategic business alliances. Following is a detailed review of structuring the Mexican joint venture. Finally, this Article identifies strategies for dealing with practical issues which arise …

Can Two Real Men Eat Quiche Together? Storytelling, Gender-Role Stereotypes, And Legal Protection For Lesbians And Gay Men, Marc A. Fajer

University of Miami Law Review

No abstract provided.

The Neutered Mother, Martha Albertson Fineman

University of Miami Law Review

No abstract provided.

Gender And Justice, Mary I. Coombs

University of Miami Law Review

No abstract provided.

Managing The Military's Homosexual Exclusion Policy: Text And Subtext, Judith Hicks Stiehm

University of Miami Law Review

No abstract provided.

In Praise Of Macho Women: Price Waterhouse V. Hopkins, J. Cindy Eson

University of Miami Law Review

No abstract provided.

Issues For Men In The 1990s, Michael S. Kimmel

University of Miami Law Review

No abstract provided.

Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii

Scholarly Works

Professor J.M. Balkin’s recent essay in Michigan Law Review assesses the implications that postmodernism holds for constitutional law. Although I agree with Balkin about many of the specific issues that he believes must be addressed in a postmodern constitutionalism, I find that his manner of talking about postmodernism is unproductive in an important way. Balkin quite correctly argues that a postmodern constitutionalism should not mimic the fragmented and superficial culture of postmodernity, nor should it devolve simply to normative claims that postmodernity is desirable and should be embraced or adopted within the law. However, Balin’s thesis that a postmodern constitutionalism …

Nurturing The Impulse For Justice, Lynne Henderson

Scholarly Works

No abstract provided.

The Myth Of Retributive Justice, Brian Slattery

Articles & Book Chapters

In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to …

The Last Emperor?, Allan C. Hutchinson

Articles & Book Chapters

No abstract provided.

With Liberty And Justice For Whom? The Recent Evangelical Debate Over Capitalism (Book Review), Thomas L. Shaffer

Journal Articles

Those who for scholarly or journalistic convenience aggregate hundreds of Christian denominations into four or five "movements" put the radical Christian pacifist Jim Wallis (of Sojourners magazine) and Dr. Jerry Falwell, founder of the Moral Majority, in one theological category. They are both evangelicals, heirs of Calvinism and the Radical Reformation, both practitioners of "conservative Protestant orthodoxy," both believers in the fundamental authority of the Bible.

And, because both of them, and thousands of Christians who follow one or both of them, are trying to respond to the criticism that evangelicalism (or "fundamentalism") neglects social and economic issues, they are …

Constitutional Scepticism, Robin West

Georgetown Law Faculty Publications and Other Works

Interpretive constitutional debate over the last few decades has centered on two apparently linked questions: whether the Constitution can be given a determinate meaning, and whether the institution of judicial review can be justified within the basic assumptions of liberalism. Two groups of scholars have generated answers to these questions. The "constitutional faithful" argue that meaning can indeed be determinately affixed to constitutional clauses, by reference to the plain meaning of the document, the original intent of the drafters, evolving political and moral norms of the community, or the best political or moral philosophical theory available and that, because of …

Reconstructing Liberty, Robin West

Georgetown Law Faculty Publications and Other Works

It is commonly and rightly understood in this country that our constitutional system ensures, or seeks to ensure, that individuals are accorded the greatest degree of personal, political, social, and economic liberty possible, consistent with a like amount of liberty given to others, the duty and right of the community to establish the conditions for a moral and secure collective life, and the responsibility of the state to provide for the common defense of the community against outside aggression. Our distinctive cultural and constitutional commitment to individual liberty places very real restraints on what our elected representatives can do, even …

Murdering The Spirit: Racism, Rights, And Commerce, Robin West

Georgetown Law Faculty Publications and Other Works

Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and stories concerning the impact of racism and poverty on the human spirit; the historic and continuing role of law and legal institutions in defining, facilitating, and perpetuating those harms; and the possibilities and dangers imminent in the attempt to use law to effect a remedy for them. This is a book that we should celebrate: it reminds us that books are occasionally very, very important, that reading can be transformative, and that writing …

Is There A Natural Law Right To Privacy?, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.

Against Constitutional Theory, Paul Campos

Publications

No abstract provided.

Pre-Figuration And Evaluation, Pierre Schlag

Publications

In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.

Writing For Judges, Pierre Schlag

Publications

No abstract provided.

The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

The Federal Rules Of Evidence After Sixteen Years -- The Effect Of "Plain Meaning" Jurisprudence, The Need For An Advisory Committee On The Rules Of Evidence, And Suggestions For Selective Revision Of The Rules, Aviva A. Orenstein, Edward R. Becker

Articles by Maurer Faculty

No abstract provided.

Planning For Free Trade: Taking Advantage Of The Transition., John M. Vernon, Enrique A. Gonzalez Calvillo

St. Mary's Law Journal

After two decades of restrictive policies regarding foreign involvement, Mexico is transforming its legal and regulatory structure. The progression of foreign investment, technology transfer, and industrial property laws and regulations is revealing. The significance of the overhaul of the industrial property and technology transfer framework in Mexico is evident considering the historical context in which it developed. With these reforms in place, Mexico significantly improved the conditions for placing U.S. franchises across the border. Mexico decreased tariff rates, eliminated import licenses for numerous products, and divested over half of the businesses previously owned or operated by the state. It also …

Maquiladoras: Will The Program Continue., Cheryl Schechter, David Brill Jr.

St. Mary's Law Journal

This Article will discuss the industry and relevant aspects of the legal framework which evolved into the modern maquiladora operation. It will also analyze the possible impact of the ongoing North American Free Trade Agreement (NAFTA) negotiations on the Mexican maquiladora industry. In the late seventies and early eighties, Mexico plunged into an economic crisis brought on in part by its almost exclusive dependence on oil exports. The extreme drop in the international oil market forced the country to restructure its economy with a greater emphasis on manufacturing for export. Mexico’s maquiladora program played a key role in this aspect …

Federal Income Tax Issues In The Organization, Financing, And Operation Of Maquiladoras., William R. Leighton, T. Richard Sealy Iii

St. Mary's Law Journal

This Article principally considers various United States federal income tax issues in the formation, financing, and operation of maquiladoras. Mexico’s most successful means of attracting foreign investment is its Maquiladora Program. Mexico created the program to encourage U.S. and other non-Mexican enterprises to establish manufacturing facilities in Mexico. It spawned a domestic industry whose economic output is second only to that of Mexico’s national oil industry. In the 1980s, the maquiladora industry experienced explosive growth from 620 plants in 1980 to more than 2,000 currently. They employ approximately 500,000 workers earning an average wage of five dollars per day plus …

Privitization Of The Mexican Banking System: Quetzalcoatl And The Bankers., John P. Cogan Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Foreign Investment In Mining In Mexico., Rodrigo Sanchez-Mejorada Velasco

St. Mary's Law Journal

The object of this Article is to focus on the current legal provisions which regulate foreign investment in mining in Mexico. Legislation implemented in 1961 reduced foreign participation in mining to a minority position, and legislation implemented in 1975 further developed Mexican control over mining activities. The enactment of new foreign investment regulations in 1989, and new mining regulations in late 1990 allowed wider participation of foreigners in mining. Mining is one of the oldest economic activities in Mexico. Mercantilist economic ideas, in Europe in the seventeenth and eighteenth centuries, stressed accumulation of precious metals by states and saw American …