Caución Y Tutela Cautelar Contra La Administración Tributaria - Apuntes Críticos Sobre El Nuevo Artículo 159 Del Código Tributario, 2013 SelectedWorks
Caución Y Tutela Cautelar Contra La Administración Tributaria - Apuntes Críticos Sobre El Nuevo Artículo 159 Del Código Tributario, Renzo Cavani
Renzo Cavani
No abstract provided.
Weeds In The Gardens Of Justice?The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome, 2013 European Parliament
Weeds In The Gardens Of Justice?The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome, Rafal Manko
Dr. Rafał Mańko
After 1989, the Polish legal elites embraced a transform-ation discourse, presenting modern Polish legal history as a circular journey from Europe to the dystopia of “Communism” and back. As aconsequence, links with the state-socialist past are repressed from thecollective consciousness of the legal community and presented as post-Soviet “weeds” in the Polish gardens of justice. However, the repressedweeds return in the form of symptoms – legal survivals, which lawyerstend to ignore or conceal because they subvert the dominant ideologicalnarrative. In this paper, I focus on metanormative survivals of the So-cialist Legal Tradition in Poland which can all be brought under …
Weeds In The Gardens Of Justice? The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome (Forthcoming), 2013 European Parliament
Weeds In The Gardens Of Justice? The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome (Forthcoming), Rafal Manko
Dr. Rafał Mańko
After 1989, the Polish legal elites embraced a transformation discourse, presenting modern Polish legal history as a circular journey from Europe to the dystopia of “Communism” and back. As a consequence, links with the state-socialist past are repressed from the collective consciousness of the legal community and presented as post-Soviet “weeds” in the Polish gardens of justice. However, the repressed weeds return in the form of symptoms – legal survivals, which lawyers tend to ignore or conceal because they subvert the dominant ideological narrative. In this paper, I focus on metanormative survivals of the Socialist Legal Tradition in Poland which …
The Practical Implications Of Recusal Of Supreme Court Justices: A Response To Professor Swisher, 2013 University of Maryland Francis King Carey School of Law
The Practical Implications Of Recusal Of Supreme Court Justices: A Response To Professor Swisher, Steven M. Klepper
Maryland Law Review Online
No abstract provided.
A Uniform Perpetuities Reform Act, 16 N.Y.U. J. Legis. & Pub. Pol'y 89 (2013), 2013 John Marshall Law School
A Uniform Perpetuities Reform Act, 16 N.Y.U. J. Legis. & Pub. Pol'y 89 (2013), Scott Andrew Shepard
UIC Law Open Access Faculty Scholarship
For centuries the Rule Against Perpetuities provided protection against a pair of dangers: that important stocks of property would become, effectively, permanently inalienable as a result of perpetual conditional gifts; and that the dead would be permitted to control the destinies of the living by placing permanent conditions on the fixed stock of available wealth (i.e., land wealth). In recent decades, though, the states have increasingly abandoned the Rule and its protections. As of 2011 all states have migrated, at least in part, beyond the traditional "twenty-one-years- plus-life-in-being" rule, and more than half have actually or effectively abolished their rules, …
Losing All Sense Of Just Proportion: The Peculiar Law Of Accomplice Liability, 87 St. John’S Law Rev. 129 (2013), 2013 John Marshall Law School
Losing All Sense Of Just Proportion: The Peculiar Law Of Accomplice Liability, 87 St. John’S Law Rev. 129 (2013), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), 2013 John Marshall Law School
A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Save Our Children: Overcoming The Narrative That Gays And Lesbians Are Harmful To Children, 21 Duke J. Gender L. & Pol'y 125 (2013), 2013 John Marshall Law School
Save Our Children: Overcoming The Narrative That Gays And Lesbians Are Harmful To Children, 21 Duke J. Gender L. & Pol'y 125 (2013), Anthony Niedwiecki
UIC Law Open Access Faculty Scholarship
This paper focuses on how gay rights activists had no real choice but to use the court system to advance marriage rights for same-sex couples because they were unable to use the political process to effectively rebut the claim that gays and lesbians were harmful to children. Part I begins with an overview of the ways in which the initiative process has been used to limit gay rights and prevent marriage equality. It then details how, in contrast to the political process, courts have been more receptive to advancing marriage rights for same-sex couples. Part II details Walter Fisher's narrative …
Book Review Of J. Finlay, The Community Of The College Of Justice: Edinburgh And The Court Of Session, 1687-1808 (2012), 2013 University of Richmond
Book Review Of J. Finlay, The Community Of The College Of Justice: Edinburgh And The Court Of Session, 1687-1808 (2012), William Hamilton Bryson
Law Faculty Publications
Book Review of J. Finlay, The Community of the College of Justice: Edinburgh and the Court of Session, 1687-1808 (2012).
Commandeering And Constitutional Change, 2013 University of Richmond
Commandeering And Constitutional Change, Jud Campbell
Law Faculty Publications
Coming in the midst of the Rehnquist Court’s federalism revolution, Printz v. United States held that federal commandeering of state executive officers is “fundamentally incompatible with our constitutional system of dual sovereignty.” The Printz majority’s discussion of historical evidence, however, inverted Founding-era perspectives. When Federalists such as Alexander Hamilton endorsed commandeering during the ratification debates, they were not seeking to expand federal power. Quite the opposite. The Federalists capitulated to states’ rights advocates who had recently rejected a continental impost tax because Hamilton, among others, insisted on hiring federal collectors rather than commandeering state collectors. The commandeering power, it turns …
Scaled Legislation & The Legal History Of The Common Good, 2013 Washington and Lee University School of Law
Scaled Legislation & The Legal History Of The Common Good, Jill M. Fraley
Scholarly Articles
None available.
An Examination Of Prostitution And Sex Trafficking Laws Within The United States, 2013 Hamline University
An Examination Of Prostitution And Sex Trafficking Laws Within The United States, Allison J. Capaul
Departmental Honors Projects
As one of the oldest professions, prostitution has had a continual presence in the United States. This once tolerated activity became a public affront at the turn of the twentieth century. Failed attempts at regulation and changes in societal views then advanced the criminalization of prostitution throughout the United States: it was made completely illegal in all states with the exclusion of thirteen counties in Nevada.
At the same time, awareness of sex trafficking increased and laws attempted to protect individuals who were being transported by force, deceit, and threat of force for purposes of sex slavery. While states have …
The United States Constitutional History Through The Barristers And Political Theories Of The Middle Temple Inn Of Court, 2013 Loyola University Chicago, School of Law
The United States Constitutional History Through The Barristers And Political Theories Of The Middle Temple Inn Of Court, Allen E. Shoenberger
Faculty Publications & Other Works
No abstract provided.
The Loeb And Leopold Trial, 2013 Parkland College
The Loeb And Leopold Trial, Daniel Hanson
A with Honors Projects
In 1924, Nathan Leopold, Jr., and Richard Loeb, two privileged and intelligent students from the University of Chicago, initiated a plan to kidnap and hold for ransom a boy from a wealthy neighboring family, all the while intending to kill him. The sensational trial that followed, in which Clarence Darrow delivered a 12-hour closing argument for life imprisonment rather than the death penalty, would have implications far broader than the crime itself. This trial became the focus of the nascent culture war brewing in the 1920’s, a culture war that pitted radically different philosophies against each other in a battle …
Some Very Personal Reflections On The Rules, Rulemaking, And Reporters, 2013 New York University Law School
Some Very Personal Reflections On The Rules, Rulemaking, And Reporters, Arthur R. Miller
University of Michigan Journal of Law Reform
My entry into the world of federal rulemaking was one of those unpredictable but welcome fortuities of life. In early 1961, more than a half century ago, I was a happy and progressing associate in a prominent medium-sized, Wall Street, New York City law firm. Columbia Law School approached me to be the Associate Director of its newly formed Project on International Procedure. They dangled several attractive incentives: I could try my hand at teaching some civil procedure; hobnob with the giants of the Columbia faculty, like Herb Wechsler, Walter Gellhorn, Maury Rosenberg, and Jack Weinstein; and take my first …
Is Now The Time For Simplified Rules Of Civil Procedure, 2013 University of Michigan Law School
Is Now The Time For Simplified Rules Of Civil Procedure, Paul V. Niemeyer
University of Michigan Journal of Law Reform
Unfortunately, any objective evaluation of current federal civil process will inevitably lead to the conclusion that the process is functioning inadequately in its purpose of discharging justice speedily and inexpensively. One need only ask any trial lawyer whether he can try a medium-sized commercial dispute to judgment in a federal court in less than three years and at a cost of less than six figures. Is the iconic appellation of "making a federal case out of a dispute" not the ultimate condemnation of current judicial process in federal courts? Can we understand the private bar's flight from federal courts to …
Micro-Symposium On Orin Kerr's 'A Theory Of Law', 2013 Willamette University College of Law
Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker
All Faculty Scholarship
For more than a century, careful readers of the Green Bag have known that “[t]here is nothing sacred in a theory of law...which has outlived its usefulness or which was radically wrong from the beginning...The question is What is the law and what is the true public policy?” Professor Orin Kerr bravely, creatively, and eloquently answered that question in his article, “A Theory of Law,” in the Autumn 2012 issue of the Green Bag. Uniquely among all theories of law that I know of, Kerr’s answer to the fundamental question of law and true public policy enables all scholars to …
"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, 2013 University of Miami School of Law
"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer
Articles
No abstract provided.
President John Adams And Four Chief Justices: An Essay For James F. Simon, 2013 New York Law School
President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein
NYLS Law Review
No abstract provided.
Using The Papers Of U.S. Supreme Court Justices: A Reflection, 2013 American University Washington College of Law
Using The Papers Of U.S. Supreme Court Justices: A Reflection, Stephen Wermiel
NYLS Law Review
No abstract provided.