Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

LW 1200. How Lawyers Think: An Introduction to American Legal Thought. 4 Hours. Introduces students to legal analysis by exploring the history of American legal thought. Perhaps more than any other, American society is governed by lawyers. Explores how innovations in legal theory both emerged from and helped shape policy responses to some of America’s biggest governance challenges, including ec...

A Cumulative Advantage Distribution is proposed which models statistically the situation in which success breeds success. I t differs from the Negative Binomial Die tribution in that lack of success, being a non-event, is not punished by increased chance of failure. I t is shown that such a stochastic law is governed by the Beta Function, containing only one free parameter, and this is approxim...

in spite of different ideas of islamic jurists, in iranian law, in article 184 of civil law, the suspended contract has been accepted and only exceptionally, this contract is null. in the french law and some of the islamic countries, there are two kinds or suspensions: suspension of formation of contract and suspension of dissolution of contract. in the civil law of these countries, the event t...

it is a possibility that when the parties to a contract choose the law of a country as the applicable law, that law may reject such agreement and refer the contract to another law. it is generally accepted that in such a situation, the provisions of the law chosen, excluding rules relating to conflict of laws, should apply to the contract. however, some lawyers believe that the substantive prov...

Pareto, Zipf and numerous subsequent investigators of inverse power distributions have often represented their findings as though their data conformed to a power law form for all ranges of the variable of interest. I refer to this ideal case as a strong inverse power law (SIPL). However, many of the examples used by Pareto and Zipf, as well as others who have followed them, have been truncated ...

in the civil procedures act 1379 the act reference of arbitration is stipulated in agreement and arbitration clause due to no exact order of arbitration contract class. however, the civil law relies on the basis of consensual contracts. in contrast, the international commercial law relies on the arbitration contract as written form. according to the international commercial law, the arbitration...

With the rise of importance of sport as a social phenomenon in recent decades, more public attention has been paid to the issue of the legal nature of the rules governing social relations in sports. The issue raised above are only a part of a much broader topic that involves questions of relations of a classical Westphalian state and changes in the international community as well as issues of t...

the world of law has been dominated by waves of codification or re-codification and by currents of harmonization and unification. innumerable institutions, not only in europe but around the globe including in iran, try to bring legal systems together, and to suggest uniform laws. such attempts necessarily rely on comparative law as the first methodological tool. the european experience is an il...