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Articles 241 - 246 of 246
Full-Text Articles in Entire DC Network
The Gramm-Leach-Bliley Act, Jolina C. Cuaresma
The Gramm-Leach-Bliley Act, Jolina C. Cuaresma
Jolina C. Cuaresma
Has The Supreme Court Sounded The Death Knell For Jury Assessed Punitive Damages? A Critical Re-Examination Of The American Jury, Lisa Litwiller
Has The Supreme Court Sounded The Death Knell For Jury Assessed Punitive Damages? A Critical Re-Examination Of The American Jury, Lisa Litwiller
Lisa Litwiller
LAST TERM, the United States Supreme Court drastically altered the balance of power between judge and jury, and the legal community barely noticed. Although Cooper Industries, Inc. v. Leatherman Tool Group, Inc. is remarkable for what it does overtly - it changes the standard of review in punitive damages cases from an abuse of discretion review to de novo review; it is even more remarkable for what it does covertly - it arguably takes the right to assess punitive damages in the first instance entirely out of the hands of the jury. According to the Court, [u]nlike the measure of …
Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto
Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article examines the conflict in the former Yugoslavia which gave birth to the International Criminal Tribunal for the former Yugoslavia (ICTFY). The ICTFY established the beginning of a new pattern in the genuine international implementation of international criminal and humanitarian law and the move back to the international model inaugurated at Nuremberg which had in the Cold War era been boldly supplanted by national prosecutions. The Article seeks to show that even this ad hoc tribunal was the by-product of international realpolitik. It was born out of a political desire to redeem the international community’s conscience rather than the …
The Contract Law Codification Process In Europe: Policies, Targets And Time Dimensions, Mauro Bussani
The Contract Law Codification Process In Europe: Policies, Targets And Time Dimensions, Mauro Bussani
Mauro Bussani
The contribution aims to address the issues implied by the following questions: (a) What is the contract law to be codified? (b) What is the possible impact of a European contract law codification upon the other private law fields? (c) Which are the driving forces behind and ahead of the European codification process? The paper approaches these problems by focusing on the fragmentation in different layers of European contract law within and across national frontiers, and on the bearing that this ‘stratification’ may have on the choice of adopting a code with either a ‘regional’ or a world-wide scope. Moreover, …
Lessons From The Lindh Case: Public Safety And The Fifth Amendment, M. Katherine B. Darmer
Lessons From The Lindh Case: Public Safety And The Fifth Amendment, M. Katherine B. Darmer
M. Katherine B. Darmer
In the case of the American Taliban, a plea agreement enabled the courts to avoid deciding difficult questions about the legality of Lindh's confession to authorities, which Lindh argued was made in violation of his Miranda and other rights. This paper points out that questions regarding the legality of interrogation techniques in terrorism investigations will inevitably recur, and argues that there should be a public safety exception to the Edwards rule that normally requres interrogation to cease if a suspect invokes his right to counsel.
Aggression: Supreme International Offence Still In Search Of Definition, Jackson N. Maogoto
Aggression: Supreme International Offence Still In Search Of Definition, Jackson N. Maogoto
Jackson Nyamuya Maogoto
The consequence of the state of lawlessness that permitted States to wage war even on flimsy reasons was not fully appreciated until World War I when primitive barbarism and modern technology came together to result in enormous bloodshed and massive atrocities. The deep impression on public opinion opened the door to vigorous condemnation of aggression and a move at the international level to outlaw it. Though aggression continues to pose one of the greatest threats in the efforts to create a peaceful and stable world public order, the definition of aggression steeped as it is in political and legal quagmire …