Copyright (c) 2008 All rights reserved. http://works.bepress.com/rex_glensy Recent documents in Rex Glensy en-us Mon, 17 Nov 2008 03:52:14 PST 3600 http://works.bepress.com/rex_glensy/3 http://works.bepress.com/rex_glensy/3 Fri, 14 Sep 2007 08:58:56 PDT This Note analyzes the enabling provision of the Full Faith and Credit Clause of the U.S. Constitution to determine the extent of Congress's power thereunder. It traces the meaning of the provision from that intended by the framers of the Constitution through the present day by describing the historical background of the provision's enactment as well as court decisions and statutes pertaining to it. The Note concludes by articulating a meaning for the enabling provision of the Full Faith and Credit Clause and shows that Congress exceeded its power pursuant thereto when it passed recent legislation limiting the full faith and credit of same-sex marriages. Rex D. Glensy http://works.bepress.com/rex_glensy/2 http://works.bepress.com/rex_glensy/2 Fri, 14 Sep 2007 08:48:14 PDT This Article provides a selection process for foreign persuasive authority within the context of comparative analysis by combining the results of an historical analysis of the use of foreign authority with modern trends in social sciences and legal scholarship. It argues that the ethos of comparative law is one of informed nation selection, and that its proponents should not shy away from this reality but tackle it head on. It describes an approach to such selection process, one which combines historical fact, normative desirability, and contemporary understanding of judicial interpretative techniques, and shows how courts can integrate this approach within their opinions when they deem comparative analysis to be appropriate. Rex D. Glensy http://works.bepress.com/rex_glensy/1 http://works.bepress.com/rex_glensy/1 Fri, 14 Sep 2007 08:38:37 PDT This Article describes the emergence and operation of a sub-category of social norm, termed "quasi-global social norm." It argues that these norms arise slowly through an evolutionary process governed by natural instinct, and that such norms develop by reaching an ever increasing number of adherents who apply these norms to an ever increasing number of situations. It then describes how quasi-global social norms, in light of their hold on society, permeate the legal system and function as a normative force in determining the outcome of many legal decisions, and concludes by drawing upon the quasi-global social norms of liberty and fairness to illustrate this process. Rex D. Glensy