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Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier Nov 2013

Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier

Law Faculty Scholarship

No abstract provided.


A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies Jul 2013

A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Immigration Consequences To A Charge Of Simple Assault Or Battery, Deborah Gonzalez Feb 2013

Immigration Consequences To A Charge Of Simple Assault Or Battery, Deborah Gonzalez

Law Faculty Scholarship

No abstract provided.


Defining, Punishing, And Membership In The Community Of Nations: Material Support And Conspiracy Charges In Military Commissions, Peter Margulies Jan 2013

Defining, Punishing, And Membership In The Community Of Nations: Material Support And Conspiracy Charges In Military Commissions, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Constitutional Remedies & Public Interest Balancing, John M. Greabe Jan 2013

Constitutional Remedies & Public Interest Balancing, John M. Greabe

Law Faculty Scholarship

The conventional account of our remedial tradition recognizes that courts may engage in discretionary public interest balancing to withhold the specific remedies typically administered in equity. But it generally does not acknowledge that courts possess the same power with respect to the substitutionary remedies usually provided at law. The conventional account has things backwards when it comes to constitutional remedies. The modern Supreme Court frequently requires the withholding of substitutionary constitutional relief under doctrines developed to protect the perceived public interest. Yet it has treated specific relief to remedy ongoing or imminent invasions of rights as routine, at least when …