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Articles 61 - 90 of 101
Full-Text Articles in Entire DC Network
Introduction - The Trail Smelter Arbitration And Transboundary Harm, Russell Miller, Rebecca Bratspies
Introduction - The Trail Smelter Arbitration And Transboundary Harm, Russell Miller, Rebecca Bratspies
Russell A. Miller
No abstract provided.
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Robert M. Bloom
No abstract provided.
Review Of John Paul Stevens: An Independent Life, Joseph Thai
Review Of John Paul Stevens: An Independent Life, Joseph Thai
Joseph T Thai
No abstract provided.
Bartnicki V. Vopper, 532 U.S. 514 (2001), Alan Garfield
Bartnicki V. Vopper, 532 U.S. 514 (2001), Alan Garfield
Alan E Garfield
No abstract provided.
Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston
Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston
James B Johnston
When a drug dealer delivers illegal narcotics to the American maret place, he frequently uses out nation's roads. In an opinion authored by Justice John Paul Stevens, the U.S. Supreme Court that is captioned Illinois v. Caballes, the Court ruloed that drug dealers do not have a reasonable expectation of privacy when delivering illegal drugs in their cars. This article agrees with the Court's ruling and argues that we as a society have a right and an obligatio n to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinionj provides a brilliant examination of judicial precedent coupled with …
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
A Shared Constitutionalism: Stemm Cells And The Case For Transatlanticism, Russell Miller
A Shared Constitutionalism: Stemm Cells And The Case For Transatlanticism, Russell Miller
Russell A. Miller
No abstract provided.
Ontario (Attorney General) V. $29, 020 In Canadian Currency: A Comment On Proceeds Of Crime And Provincial Civil Forfeiture Laws, Michelle Gallant
Ontario (Attorney General) V. $29, 020 In Canadian Currency: A Comment On Proceeds Of Crime And Provincial Civil Forfeiture Laws, Michelle Gallant
Michelle Gallant
Many provinces are embracing a modern approach to crime control, an approach which uses civil proceedings, primarily a device known as forfeiture, to tackle criminal activity. The strategy targets the financial underpinnings of crime, the proceeds or the assets linked to illegal activity. It effectively gives the public actor the ability to use civil actions to recover financial resources tainted by criminality.
New to provincial law, this convergence of civil proceedings and crime, of civil forfeiture and the financial element of crime, invites obvious questions about the consistency of this approach with constitutional norms. On the jurisdictional front, there is …
Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom
Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom
Robert M. Bloom
No abstract provided.
Surprising Parallels Between Trail Smelter And The Global Climate Change Regime, Russell Miller
Surprising Parallels Between Trail Smelter And The Global Climate Change Regime, Russell Miller
Russell A. Miller
No abstract provided.
Root, Elihu, Christopher Hoebeke
Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin
Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin
Robert Justin Lipkin
No abstract provided.
La Théorie De L’Intention Originelle, La Sincérité Dans La Rédaction Des Opinions Des Juges Et Les Références À Des Sources Juridiques Étrangères Dans Le Processus D’Interprétation De La Constitution Aux États-Unis, Charles Baron
Charles H. Baron
No abstract provided.
Rehabilitating The "Mystery Passage": An Examination Of The Supreme Court's Anthropology Using The Personalistic Norm Explicit In The Philosophy Of Karol Wojtyla, Michael Scaperlanda
Rehabilitating The "Mystery Passage": An Examination Of The Supreme Court's Anthropology Using The Personalistic Norm Explicit In The Philosophy Of Karol Wojtyla, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
Immigration And Evil: The Religious Challenge, Michael Scaperlanda
Immigration And Evil: The Religious Challenge, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
An Examination Of New Jersey's Money Laundering Statutes, James B. Johnston
An Examination Of New Jersey's Money Laundering Statutes, James B. Johnston
James B Johnston
Drug dealers, white collar criminals and organized crime groups look at New Jersey as a safe haven when conducting financial transactions with their crime linked money. Due to its proximity to New York, New Jersey has become susceptible to the money laundering industry. As a result the New Jersey legislature has passed a series of anti-money laundering provisions that provide law enforcement with powerful tools designed to take the profit out of crime and bring money launderers to justice. This article examines New Jersey's money laundering statutes and its potential contribution in bringing profit motivated criminals to justice.
Time For Accountability: Effective Oversight Of Women's Prisons, Debra L. Parkes
Time For Accountability: Effective Oversight Of Women's Prisons, Debra L. Parkes
Debra L. Parkes
Numerous reports and commissions of inquiry have documented the need for oversight and accountability mechanisms to redress illegalities and rights violations in Canada’s women’s prisons. This paper examines the recent troubled history of women’s imprisonment in which the calls for meaningful accountability and oversight have arisen, outlines some necessary criteria for any effective oversight body within this context, and measures some of the key recommendations against those criteria. The authors conclude that the judicial oversight model and remedial sanction proposed by Justice Louise Arbour in 1996 in her Report of the Commission of Inquiry into Certain Events at the Prison …
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A formal model of the law of fair use.
The Meaninglessness Of Delayed Appointments And Discretionary Grants Of Capital Postconviction Counsel, Celestine Richards Mcconville
The Meaninglessness Of Delayed Appointments And Discretionary Grants Of Capital Postconviction Counsel, Celestine Richards Mcconville
Celestine Richards McConville
This article addresses the right to postconviction counsel in capital cases - a right that is absolutely crucial to protecting innocent capital inmates from wrongful execution. It is no secret that indigent capital inmates who wish to pursue their state postconviction remedies have no constitutional right to counsel, and instead must rely on statutory grants of counsel. While numerous death penalty states have seen fit to provide a mandatory statutory right to postconviction counsel, a handful of death penalty states, including Alabama, provide only a discretionary right to such counsel. But in Alabama, which at the time of this writing …
The Detainee Cases Of 2004 And 2006 And Their Aftermath, Ronald D. Rotunda
The Detainee Cases Of 2004 And 2006 And Their Aftermath, Ronald D. Rotunda
Ronald D. Rotunda
The War on Terror, more than any other war, involves lawyers. For example, they track down terrorist funding, freeze bank funds, and engage in electronic surveillance. Even more significantly, those whom the military has captured are using the U.S. court system to seek release from their detention. While there are a few cases on this issue going back to the Civil War and World War II, the U.S. Supreme Court has issued major rulings on this question in the last few years. The media and those suing the Government claim that these cases have rejected and dealt severe blows to …
So What Is The Real Legacy Of Oakes? Two Decades Of Proportionality Analysis Under The Canadian Charter’S Section 1, Sujit Choudhry
So What Is The Real Legacy Of Oakes? Two Decades Of Proportionality Analysis Under The Canadian Charter’S Section 1, Sujit Choudhry
Sujit Choudhry
The Citizenship Dialectic, Ediberto Roman
The Citizenship Dialectic, Ediberto Roman
Ediberto Roman
Palazzolo, The Public Trust, And The Property Owner’S Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan
Erin Ryan
South Carolina recently promulgated new guidelines regulating the State’s consideration of requests by private marsh island owners to build bridges for vehicular access through publicly owned marsh and tidelands. Many thousands of these islands hug the South Carolina coast, but they are surrounded by tidelands subject to South Carolina’s formidable public trust doctrine, which obligates the State to manage submerged lands and waterways for the benefit of the public. This piece evaluates the relationship between the public trust doctrine and the takings subtext to the debate over the new guidelines – a relationship that has become particularly interesting in the …
The Ethnographic Village Law In The Transformation Of The Social(转型社会的乡村法律民族志:方法与对象), Meng Hou
The Ethnographic Village Law In The Transformation Of The Social(转型社会的乡村法律民族志:方法与对象), Meng Hou
Hou Meng
No abstract provided.
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
Robert C Power
Communist’S Post-Modern Power Dilemma: One Step Back, Two Steps Forward, “Soft No” And Hard Choices …, Nicos Trimikliniotis
Communist’S Post-Modern Power Dilemma: One Step Back, Two Steps Forward, “Soft No” And Hard Choices …, Nicos Trimikliniotis
Nicos Trimikliniotis
This paper considers the challenges ahead after having assessed what determined the outcome of the referendum in April 2004 and the balance of forces as they emerge in the Parliamentary elections of 2006. In spite of the generally sound claims that globalisation shifts decision-making away from nation-states, particularly weak and small states to networks beyond the nation-state, in the case of Cyprus what we have for the first time paradoxically is the “fate” of Cyprus primarily in the hands of Cypriots themselves. Although semi-occupied the two communities can make their decision as to the future of their country and state, …
Immigration To Cyprus, Nicos Trimikliniotis
Immigration To Cyprus, Nicos Trimikliniotis
Nicos Trimikliniotis
This chapter discusses the context that has transformed Cyprus from an emigration to an immigration country. It examines public discourse, the legal status, and the social position of migrants and asylum-seekers. This is exposed against the historical and political backdrop of Cyprus, dominated by the ‘national’ problem, which keeps the island divided.
Unburdening The Constitution: What Has The Indian Constitution Got To Do With Private Universities, Modernity And Nation States?, Shubhankar Dam
Unburdening The Constitution: What Has The Indian Constitution Got To Do With Private Universities, Modernity And Nation States?, Shubhankar Dam
Shubhankar Dam
This article critically analyses the decision of the Indian Supreme Court in Yashpal and another v. State of Chhattisgarh and others holding the establishment of private universities as unconstitutional. Swayed by the overwhelmingly irresponsible character of the respondent universities, the Supreme Court innovated constitutional arguments to uphold the claims of the petitioners. While intuitively correct in the context of the immediate facts, the judgment, when analysed in the abstract, reveals the self-inflicted harm it has the potential to cause. The judgment is technologically regressive: it fails to account for the emerging trends in education, especially those related to the use …
El Tribunal Constitucional Ante El Principio De Primacía Del Derecho Comunitario, Germán M. Teruel Lozano
El Tribunal Constitucional Ante El Principio De Primacía Del Derecho Comunitario, Germán M. Teruel Lozano
Germán M. Teruel Lozano
THE SPANISH CONSTITUTIONAL COURT BEFORE THE PRIMACY PRINCIPLE OF COMMUNITY LAW: The objective of this study is to analyze and to assess the jurisprudence of the Spanish Constitutional Court about the compatibility of Primacy principle of Community Law with the Spanish Constitution of 1978. The paper pays special attention to the Declaration about the European Constitution (1/2004), that implies a radical change from the previous decisions of the Constitutional Court, especially with respect to the Declaration on the European Union Treaty (132bis/1992). Since the 2004 Declaration, the Constitutional Court admits a possible “displacement” of constitutional rules on behalf of community …
Leyes Orgánico-Constitucionales: Insatisfactoria Rigidización De La Democracia, Fernando Muñoz
Leyes Orgánico-Constitucionales: Insatisfactoria Rigidización De La Democracia, Fernando Muñoz
Fernando Muñoz
No abstract provided.