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Articles 1 - 24 of 24
Full-Text Articles in Entire DC Network
A Constitutional Court In The Absence Of A Formal Constitution? On The Ramifications Of Appointing The Israeli Supreme Court As The Only Tribunal For Judicial Review, Guy E. Carmi
Guy E Carmi
This manuscript reviews an emerging debate in Israel regarding the appointment of the Supreme Court as a Constitutional Court. Specifically, it offers a critical analysis of the most recent proposed model, which is now in the initial legislative stages (The “Neeman Committee”), to appoint the Supreme Court as the sole constitutional arbiter.
First, the article offers an overview of the main processes that have occurred in the arena of Israeli constitutional law in the last decade, generally known as the “Constitutional Revolution.” Next, the article shows the nexus between this process and the revival of the constitutional court debate. Readers …
Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier
Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier
William & Mary Bill of Rights Journal
No abstract provided.
The Hague Convention On Choice Of Court Agreements, Antonin I. Pribetic
The Hague Convention On Choice Of Court Agreements, Antonin I. Pribetic
Antonin I. Pribetic
The Hague Choice of Court Convention, concluded on June 30th, 2005, represents a significant step forward towards improved harmonization of international trade law by providing greater certainty and predictability for parties involved in business-to-business (B2B) agreements and transnational litigation. The Hague Choice of Court Convention offers a viable alternative to arbitration as a method of transnational dispute resolution. At a minimum, functional reciprocity between Contracting States is more likely to be achieved through this multilateral treaty, which codifies the private international law principles of comity, good faith and order and fairness, espoused by most common law courts, including the Supreme …
Exporting U.S. Anti-Terrorism Legislation And Policies To The International Law Arena, A Comparative Study: The Effect On Other Countries' Legal Systems, Olga Kallergi
Cornell Law School Inter-University Graduate Student Conference Papers
The terrorist attack on the World Trade Center in New York on 9/11 set in motion a new era all over the world: an era of a world uniting against a common enemy, but also an era of insecurity and fear. Laws have been changed worldwide, nations have united against a common threat, legal theories and beliefs of centuries have been questioned, and civil liberties have been replaced by a need for national safety. Has this worldwide effort worked? Is our world a better place now that we are all fighting the same enemy? Did we learn from our past …
Comparative Notions Of Fairness: Comparative Perspectives On The Fairness Doctrine With Special Emphasis On Israel And The United States, Guy E. Carmi
Guy E Carmi
The Article offers a comparative analysis of the manner in which different legal systems refer to mechanisms that are intended to ensure fairness, impartiality, and balance in mass media reporting and on issues of public importance, namely, the Fairness Doctrine and its non-U.S. counterparts. The Article reviews several systems, yet focuses on those in Israel and the United States.
The Israeli fairness doctrine was imported from the American system, where it was subsequently repealed. Despite this fact, the Israeli Supreme Court has left the doctrine intact. The prima facie contradiction between the obsolescence of the doctrine in its land of …
Il Diritto Di Voto Plurimo Nella Cooperativa Tedesca. Cenni Di Comparazione Con La Riforma Italiana, Valerio Sangiovanni
Il Diritto Di Voto Plurimo Nella Cooperativa Tedesca. Cenni Di Comparazione Con La Riforma Italiana, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Transnational Constitutionalism In The United States: Toward A Worldwide Use Of Interpretive Modes Of Comparative Reasoning, Po-Jen Yap
University of San Francisco Law Review
No abstract provided.
Usos E Abusos Da Função Punitiva: "Punitive Damages" E O Direito Brasileiro, Mariana Pargendler
Usos E Abusos Da Função Punitiva: "Punitive Damages" E O Direito Brasileiro, Mariana Pargendler
Mariana Pargendler
Examinam o instituto dos punitive damages, o qual pode ser traduzido como “indenização punitiva”, e sua compatibilidade com o Direito brasileiro, uma vez que essa pena vem conquistando progressiva aceitação na doutrina e jurisprudência. Trazem à colação julgados ocorridos nos Estados Unidos que exemplificam os mecanismos e limites dos punitive damages, sendo, nesses casos, considerado imprescindível, para se alcançar resultado útil com a punição/prevenção, a comprovação de elementos subjetivos a marcarem a conduta do ofensor. No Brasil, alegam, o instituto dos punitive damages não raro é confundido com o caráter punitivo associado à indenização do dano extrapatrimonial, sendo invocado, muitas …
Contratto Di Agenzia E Nozione Di "Agente Commerciale". Una Comparazione Con Il Diritto Tedesco, Valerio Sangiovanni
Contratto Di Agenzia E Nozione Di "Agente Commerciale". Una Comparazione Con Il Diritto Tedesco, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education In Iraqi Law Schools, Haider Ala Hamoudi
Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education In Iraqi Law Schools, Haider Ala Hamoudi
Haider Ala Hamoudi
No abstract provided.
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …
E Pluribus Unum -- Out Of Many, One: Why The United States Needs A Single Financial Services Agency, Elizabeth F. Brown
E Pluribus Unum -- Out Of Many, One: Why The United States Needs A Single Financial Services Agency, Elizabeth F. Brown
Elizabeth F Brown
The United States needs to consolidate the over 115 existing state and federal agencies that regulate banking, securities and insurance firms and their products and services into a single, federal financial services agency; a U.S. Financial Services Agency (“US FSA”). The US FSA would be able to more effectively regulate the U.S. financial services industry than the existing regulatory regime. The current U.S. financial regulatory regime suffers from a range of problems, including an inability to anticipate and plan for future financial crises, an inability by regulators to quickly adapt to market innovations and developments, inconsistent regulations for financial products …
Human Rights Implications Of National Security Laws In India: Combating Terrorism While Perserving Civil Liberties, C. Raj Kumar
Human Rights Implications Of National Security Laws In India: Combating Terrorism While Perserving Civil Liberties, C. Raj Kumar
Denver Journal of International Law & Policy
No abstract provided.
Democratic Responses To Terrorism: A Comparative Study Of The United States, Israel, And India, Arunabha Bhoumik
Democratic Responses To Terrorism: A Comparative Study Of The United States, Israel, And India, Arunabha Bhoumik
Denver Journal of International Law & Policy
No abstract provided.
Comparative Perspectives On The Office Of Chief Justice, J. Clifford Wallace
Comparative Perspectives On The Office Of Chief Justice, J. Clifford Wallace
Cornell International Law Journal
A comparative study of the duties & activities of Chief Justices indicates that there is considerable variability in the approach of Chief Justices to such things as judicial administration, oversight, & representation. Information was obtained from an informal survey of Chief Justices from 27 countries who were attending a June 2003 Conference of Chief Justices of Asia & the Pacific. Special attention is given to three key aspects of global judicial education: information transmission, training, & peer exchange. The survey responses indicated that Chief Justices encounter similar challenges & share common purposes; however, there are substantial differences in the extent …
Protecting The Innocent Or Protecting Special Interests - Child Labor, Globalization, And The Wto, Dexter Samida
Protecting The Innocent Or Protecting Special Interests - Child Labor, Globalization, And The Wto, Dexter Samida
Denver Journal of International Law & Policy
No abstract provided.
Perspectives On Brown: The South African Experience, Penelope Andrews
Perspectives On Brown: The South African Experience, Penelope Andrews
Articles & Chapters
In this paper the author examines the lessons of Brown v. Board of Education for the South African struggle for racial equality, South Africa's constitutional transition, and the significance of Brown in pursuing the right to education in South Africa. The author concludes that although Brown was of tremendous symbolic value to South Africans, the South African constitutional framework, negotiated in the early 1990s, reflected global human rights developments more substantially than it did the American civil rights struggle. This is demonstrated by the mandate of the South African Constitution to consider international law and by the limited references to …
The Code Napoleon: Buried But Ruling In Latin America, M. C. Mirow
The Code Napoleon: Buried But Ruling In Latin America, M. C. Mirow
Denver Journal of International Law & Policy
No abstract provided.
Comparative Land Use Law: Patterns Of Sustainability, John R. Nolon
Comparative Land Use Law: Patterns Of Sustainability, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Land use scholars and practitioners in the United States trace the development of domestic land use law to 1916, when the City of New York adopted the nation's first comprehensive zoning law, and then on to 1926 when the U.S. Supreme Court declared zoning constitutional in Euclid v. Ambler Realty. Some have studied European influences stemming from late nineteenth century regulations and the urban design principles imported from the great cities of the era. Others know about the catastrophic London fire of 1666 and how it transformed society's understanding of why individual property rights, to some degree, must be subject …
Expanding The Study Of Comparative Tax Law To Promote Democratic Policy: The Example Of The Move To Capital Gains Taxation In Post-Apartheid South Africa, William Barker
Faculty Scholarly Works
No abstract provided.
Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education Into Iraqi Law Schools, Haider Ala Hamoudi
Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education Into Iraqi Law Schools, Haider Ala Hamoudi
Articles
This Article details my experience introducing clinical legal education into three Iraqi law schools. I highlight some of the cultural, legal and logistical obstacles that existed, and the means my colleagues and I used to circumvent them. By and large we considered our project at least modestly successful and certainly garnered the interest of many faculty and nearly all students who participated. Nevertheless, the extent of our success depended largely on the cooperation of the faculty and administration at the law schools with which we worked, and we were able to achieve the most at those institutions where cooperation was …
Two Valuable Treatises On Civil Procedure, Geoffrey C. Hazard Jr.
Two Valuable Treatises On Civil Procedure, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Richard Kay
Book reivew of 'Constitutional Odyssey: Can Canadians Become a Sovereign People?', by Peter H. Russell (Toronto, University of Toronto Press, 2004).
The European Convention On Human Rights And The Control Of Private Law, Richard Kay
The European Convention On Human Rights And The Control Of Private Law, Richard Kay
Richard Kay
This article explores the evolution of the European Convention on Human Rights' applicability in private law through the development of the concept of positive obligations on states party. It explores the case law of the European Court of Human Rights primarily through the case of Pla and Puncernau v . Andorra, looking at the Court's willingness to review domestic courts' interpretation and regulation of private transactions. It considers the impact of this jurisprudence in the context of other doctrinal instruments emphasizing the consequent potential expansion of the Court's jurisdiction