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Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker Oct 2018

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …


Globalization And International Law, Charles A. Hunnicutt Sep 2014

Globalization And International Law, Charles A. Hunnicutt

Georgia Journal of International & Comparative Law

No abstract provided.


Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii Apr 2013

Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii

Journal of the National Association of Administrative Law Judiciary

In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the administrative hearings …


Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs Jan 2011

Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs

Florida A & M University Law Review

No abstract provided.


International Delegations And Administrative Law, Kristina Daugirdas Jan 2007

International Delegations And Administrative Law, Kristina Daugirdas

Maryland Law Review

No abstract provided.


Globalization, Law, And The Transformation Of Sovereignty: The Emergence Of Global Regulatory Governance, Kanishka Jayasuriya Apr 1999

Globalization, Law, And The Transformation Of Sovereignty: The Emergence Of Global Regulatory Governance, Kanishka Jayasuriya

Indiana Journal of Global Legal Studies

No abstract provided.


Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks Apr 1999

Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks

Indiana Journal of Global Legal Studies

No abstract provided.


The Role Of Law In The Negotiated Settlement Of International Disputes, James K. Irvin Jan 1969

The Role Of Law In The Negotiated Settlement Of International Disputes, James K. Irvin

Vanderbilt Journal of Transnational Law

One of the chief functions of any legal system is to provide the machinery for settling disputes between members of the society which the system serves. No legal system can be expected to solve all such disputes, but law can create an atmosphere in which the parties themselves may effect, without bloodshed, the resolution, minimization or avoidance of disputes. The disputants may choose an arbiter or conciliator to reach a settlement for them, or they may bargain and compromise until they find a common basis for an agreement ending the dispute. The latter process, called negotiation, is the most effective …


International Law, National Tribunals And The Rights Of Aliens: The West European Experience, Peter E. Herzog Oct 1968

International Law, National Tribunals And The Rights Of Aliens: The West European Experience, Peter E. Herzog

Vanderbilt Law Review

The local remedies rule is usually considered a device to accommodate the legitimate desire of states to preserve their own sovereignty with the equally legitimate desire of states to protect their nationals who have suffered injury abroad. It is obvious that the adequacy of the rule in serving the second of these ends will depend on the nature and quality of the local remedies available. In turn, the effectiveness of local remedies in protecting the rights of aliens will depend on a variety of factors. Most importantly, there is the adequacy of the substantive legal rights in the fields of …