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Articles 1 - 30 of 105
Full-Text Articles in Entire DC Network
Who Thinks Treaties Are Like Contracts? Not John Marshall, David P. Stewart, Diana A. A. Reisman
Who Thinks Treaties Are Like Contracts? Not John Marshall, David P. Stewart, Diana A. A. Reisman
American University International Law Review
Courts in the United States are fond of analogizing treaties to contracts. The U.S. Supreme Court has done so on numerous occasions, as have nearly all federal circuit courts. Indeed, the treaty-as-contract trope has permeated U.S. legal discourse since at least the early 1800s when Chief Justice John Marshall wrote in Foster v. Neilson that “[a] treaty is in its nature a contract between two nations, not a legislative act.”
Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune
Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune
American University Law Review
I express my sincere thanks to the American Society of International Law and the International Legal Studies Program at American University Washington College of Law for the invitation to be this year’s commentator. It is indeed an honor to respond to Judge Charlesworth’s erudite Grotius Lecture: “The Art of International Law.”
Just getting to say Judge Hilary Charlesworth alone is very meaningful. She is only the fifth woman judge out of 110 total judges on the International Court of Justice (ICJ) so far. Thanks to hard work by feminist international lawyers like her, there is finally an uptick in women’s …
Mediation At The Court Of Appeals For The Federal Circuit, Gidget Benitez
Mediation At The Court Of Appeals For The Federal Circuit, Gidget Benitez
Intellectual Property Brief
No abstract provided.
Article 6bis Of The Paris Convention: How The United States Court Of Appeals For The Second Circuit Is Violating International Law, Deepa Singh
American University International Law Review
No abstract provided.
Tweeting With A Purpose: Interpreting "Corrupt Persuasion" In 18 U.S.C. § 1512(B), Jessica Ochoa
Tweeting With A Purpose: Interpreting "Corrupt Persuasion" In 18 U.S.C. § 1512(B), Jessica Ochoa
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C), Mary Frances Richardson
Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C), Mary Frances Richardson
American University Law Review
No abstract provided.
"No Ordinary Lawsuit": Climate Change, Due Process, And The Public Trust Doctrine, Michael Blumm, Mary Christina Wood
"No Ordinary Lawsuit": Climate Change, Due Process, And The Public Trust Doctrine, Michael Blumm, Mary Christina Wood
American University Law Review
On November 10, 2016, just two days after the election of President Donald Trump, the federal district court in Oregon handed down Juliana v. United States. This remarkable decision refused to dismiss a lawsuit brought by youth plaintiffs who claimed that the federal government's fossil fuel policies over the years, which have produced an atmosphere with dangerous levels of greenhouse gases (GHGs), violated the federal public trust doctrine (PTD) and their federal constitutional rights to due process and equal protection. The court found a constitutional right to a stable climate system, determining that the PTD was an implicit part of …
The New New Courts, Orna Rabinovich-Einy, Ethan Katsh
The New New Courts, Orna Rabinovich-Einy, Ethan Katsh
American University Law Review
In this Article we describe the phenomenon of online courts, which is fast gaining momentum, and analyze these "new new courts" from an access to justice perspective. We distinguish between two turning points in terms of access to justice and courts: the rise of alternative dispute resolution (ADR) (producing what we refer to as the "new courts") and the spread of online dispute resolution (ODR) (giving rise to what we refer to as the "new new courts"). While both developments seem to be motivated by similar rationales and a desire to increase access to justice, the implications of adopting ADR …
Double Counting: The Appropriate Application Of The Vulnerable Victim Enhancement For Child Sex Offenders, Amy Yoon
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck
Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck
Criminal Law Practitioner
No abstract provided.
2014 Patent Law Decisions On Key Issues At The Federal Circuit, Olivia T. Luk, Palash Basu, Ryan Dooley, Charles Green, Brian E. Haan
2014 Patent Law Decisions On Key Issues At The Federal Circuit, Olivia T. Luk, Palash Basu, Ryan Dooley, Charles Green, Brian E. Haan
American University Law Review
No abstract provided.
The Downfall Of Auer Deference: Veterans Law At The Federal Circuit In 2014, Victoria Hadfield Moshiashwili
The Downfall Of Auer Deference: Veterans Law At The Federal Circuit In 2014, Victoria Hadfield Moshiashwili
American University Law Review
No abstract provided.
2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman
2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman
American University Law Review
No abstract provided.
Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe
Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe
American University Law Review
No abstract provided.
2014 Trademark Law Decisions Of The Federal Circuit, Jonathan M. Gelchinsky
2014 Trademark Law Decisions Of The Federal Circuit, Jonathan M. Gelchinsky
American University Law Review
No abstract provided.
Around The Nation, Jonathan Yunes
Around The Nation, Calen Weiss
Shearson V. United States Department Of Homeland Security: The Sixth Circuit Exempts National Security From The Privacy Act, Douglas A. Behrens
Shearson V. United States Department Of Homeland Security: The Sixth Circuit Exempts National Security From The Privacy Act, Douglas A. Behrens
Legislation and Policy Brief
“ARMED AND DANGEROUS.” Imagine those words flashing on a Customs and Border Protection (“CBP”) agent’s computer screen as you attempt to reenter your country of birth from a relaxing vacation. Reacting to the computerized warning, the CBP agents detain and question you for several hours before you are released from custody—without an explanation—and allowed to continue on your trip home as if nothing had happened.
This hypothetical scenario became very real for Julia Shearson and her four-year old daughter in January 2006, and marked the beginning of her quest for answers. Why was she flagged as “ARMED AND DANGEROUS?” What …
Toward A Conceptual Framework For Trauma-Responsive Practice In Courts, Shawn C. Marsh, Joan Byer
Toward A Conceptual Framework For Trauma-Responsive Practice In Courts, Shawn C. Marsh, Joan Byer
Criminal Law Practitioner
No abstract provided.
Do The Federal Courts Sweep Buie Clean?, Jeffrey T. Wennar
Do The Federal Courts Sweep Buie Clean?, Jeffrey T. Wennar
Criminal Law Practitioner
No abstract provided.
The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti
The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti
Legislation and Policy Brief
The legal and medical communities have debated the impact and necessity of medical liability reform for over twenty years. At the heart of the debate is the question of how to strike a balance between compensating patients and their families for the thousands of deaths and injuries resulting from medical errors that occur annually, and encouraging physicians to continue to care for patients across America. While several states have passed medical liability reform laws previously, on March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA)—colloquially known as the “health care bill”—that contains provisions on medical …
Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec
Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec
American University Law Review
No abstract provided.
The New National Security Canon, Stephen I. Vladeck
The New National Security Canon, Stephen I. Vladeck
American University Law Review
No abstract provided.
War, Terror, And The Federal Courts, Ten Years After 9/11, From The 2012 Annual Meeting Of The Association Of American Law Schools
War, Terror, And The Federal Courts, Ten Years After 9/11, From The 2012 Annual Meeting Of The Association Of American Law Schools
American University Law Review
No abstract provided.
Prefering Order To Justice, Laura Rovner, Jeanne Theoharis
Prefering Order To Justice, Laura Rovner, Jeanne Theoharis
American University Law Review
No abstract provided.
Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James D. Ridgway
Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James D. Ridgway
American University Law Review
No abstract provided.
2011 Government Contract Law Decisions Of The Federal Circuit, Joel Singer, Kyle Fiet, Matthew Solomson, Benjamin Glerum
2011 Government Contract Law Decisions Of The Federal Circuit, Joel Singer, Kyle Fiet, Matthew Solomson, Benjamin Glerum
American University Law Review
No abstract provided.
Foreword:The Federal Circuit At Thirty, Pauline Newman
Foreword:The Federal Circuit At Thirty, Pauline Newman
American University Law Review
No abstract provided.
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
American University Law Review
While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions where circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …
2011 Trademark Law Decisions Of The Federal Circuit, Marynelle Wilson, Antigone Peyton
2011 Trademark Law Decisions Of The Federal Circuit, Marynelle Wilson, Antigone Peyton
American University Law Review
No abstract provided.