Book Review, Murder and the Reasonable Man Article
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Ellen S. Podgor, Book Review, Murder and the Reasonable Man, 27 Champion (2019)Clicking on the button will copy the full recommended citation.
Articles
2003
Relational Contract Theory and Democratic Citizenship Article
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James W. Fox, Relational Contract Theory and Democratic Citizenship, 54 Case W. Res. L. Rev. 1 (2003)Clicking on the button will copy the full recommended citation.
In this article I engage Relational Contract Theory ("RCT"), with a focus on the theory of Ian Macneil. I argue that while RCT is a valuable approach to contract and contract law, it has an impoverished approach to the role of the democratic state in contract law. I then contend that by mining some political theories which parallel RCT, particularly the work of Michael Walzer and David Miller, we can construct a relational approach to contract law that credits the democratic state with a significant role in contract law. Such an approach, I argue, provides a more compelling theoretical justification for integrating democratic and dignity-based rights and protections, such as protections against gender and racial discrimination, into contract law. Moreover, a Walzerian approach allows us to view contract law and contract generally as one aspect, or "sphere", of an integrated democratic pluralism and so enables challenges to the colonization of all activities by contract and contract ideology. Ultimately it is the hope of this article to reinvigorate discussions of the role of contract and contract law in democratic society. Along the way I also explore, among other things, the strong links between contract and democracy during the American Reconstruction period, modern issues such as consumer form contracting and unconscionability, and the problem of anormativity in relational contract and other "norms"-oriented theories.
The Challenges of Fighting Global Organized Crime in Latin America Article
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Luz Estella Nagle, The Challenges of Fighting Global Organized Crime in Latin America, 26 Fordham Int'l L.J. 1649 (2003)Clicking on the button will copy the full recommended citation.
Latin American states have long been fertile ground for organized crime. Some of the world’s busiest corridors for trafficking in drugs, weapons, documents, and human beings run between and through Latin America and the United States and Canada. While Latin American states are signatories to many conventions and international agreements to fight organized crime, endemic corruption and the inability to Latin American states to enforce domestic law and honor international agreements hinders the capacity of international law enforcement partnerships to address transborder crime. This article looks as the duties of Latin American states to fight organized crime and the difficulties the states have in honoring is international responsibilities.
Litigating with the Elderly Client Article
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Roberta Flowers, Litigating with the Elderly Client, 16 National Academy of Elder Law Attorneys Quarterly 2 (2003)Clicking on the button will copy the full recommended citation.
Book Review, I Only Say This Because I Love You Article
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Rebecca C. Morgan, Book Review, I Only Say This Because I Love You, NAELA News (2003)Clicking on the button will copy the full recommended citation.
Implementing Virtual Reference: Hollywood Technology in Real Life Article
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Roy Balleste and Gordon Russell, Implementing Virtual Reference: Hollywood Technology in Real Life, 23 Computers in Libraries 14 (2003)Clicking on the button will copy the full recommended citation.
Our Extended Family Article
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Brooke J. Bowman, Our Extended Family, 17 Second Draft 16 (2003)Clicking on the button will copy the full recommended citation.
“Defensive Territoriality”: A New Paradigm for the Prosecution of Extraterritorial Business Crimes Article
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Ellen S. Podgor, “Defensive Territoriality”: A New Paradigm for the Prosecution of Extraterritorial Business Crimes, 31 Ga. J. Int'l & Comp. L. 1 (2003)Clicking on the button will copy the full recommended citation.
Federalism and the Contrivances of Public Law Article
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Paul Boudreaux, Federalism and the Contrivances of Public Law, 77 St. John's L. Rev. 523 (2003)Clicking on the button will copy the full recommended citation.
Determining Congressional Intent Regarding Dischargeability of Imputed Fraud Debts in Bankruptcy Article
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Theresa J. Pulley Radwan, Determining Congressional Intent Regarding Dischargeability of Imputed Fraud Debts in Bankruptcy, 54 Mercer L. Rev. 987 (2003)Clicking on the button will copy the full recommended citation.