Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- ExpressO (41)
- Robert Kahn (4)
- Khagesh Gautam (3)
- University of San Diego Public Law and Legal Theory Research Paper Series (3)
- Working Paper Series (3)
-
- Jarrod Tudor (2)
- Jorge Farinacci-Fernós (2)
- Manoj S. Mate (2)
- Michael R Miller (2)
- Tom Ginsburg (2)
- Vanice L. Valle (2)
- Ahmed Eldakak (1)
- Andrew Novak (1)
- Bruno PS Van Eck (1)
- Casey J Cooper (1)
- Chien-Chih Lin (1)
- D. A. Jeremy Telman (1)
- David N. Wagner (1)
- Derek R VerHagen (1)
- Faculty Scholarship (1)
- Frederick Mark Gedicks (1)
- Fredrick V. Perry (1)
- Gila Stopler (1)
- Gregory Shill (1)
- Hezi Margalit (1)
- Hillary A Henderson (1)
- JOHN MUKUM MBAKU (1)
- Jed Odermatt (1)
- Lili Levi (1)
- Llewellyn Joseph Gibbons (1)
- Publication Type
- File Type
Articles 91 - 94 of 94
Full-Text Articles in Entire DC Network
Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel
Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel
ExpressO
This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive …
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
ExpressO
Recently the United States and a number of its traditional allies have clashed over a variety of foreign policy issues that are profoundly juridical: the authority for war and peace, the International Criminal Court, etc. The source of these recent tensions is to be located at a level deeper than that of narrow national interests and specific policies. Rather, they arise from significant differences concerning the nature of "consensus" and, ultimately, legal philosophy. While the United Nations and many other international organizations derive their legal visions from the philosophy of law of Hans Kelsen (1881-1973), one of the most important …
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
University of Miami Inter-American Law Review
No abstract provided.
Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman
Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman
D. A. Jeremy Telman
This article looks at abortion regulation in Germany in the context of the full range of laws through which the state specifies the status of women as legal persons. Reviewing Germany's most important abortion law decisions in 1975 and 1993, the article contends that while the Constitutional Court struck a balance between the East German legacy of reproductive freedom and West Germany's robust protections of the right to life, it did so by undermining the legal structures that had facilitated full civil, economic and political equality for women in East Germany through legal regimes geared towards protecting women's reproductive autonomy.