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Full-Text Articles in Arts and Humanities

Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education Into Iraqi Law Schools, Haider Ala Hamoudi Jan 2005

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 …


The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand Jan 2005

The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand

Articles

On October 19, 2004, the European Court of Justice held its first en banc hearing since the 2004 enlargement to twenty-five Member States. The case was Opinion 1/03, involving a request by the Council of the European Union on whether the Community has exclusive or shared competence to conclude the Lugano Convention. While the case on its face deals only with a single convention, it has far broader implications and is likely to influence the development of private international law and private law on a Community level for years to come. This brief article traces the origins of the issues …


The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer Jan 2005

The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer

Articles

In his essay, The 'Ideograph: A Link Between Rhetoric and Ideology', Michael Calvin McGee proposes that our system of beliefs is shaped through and expressed by words. We are consciously and unconsciously conditioned and controlled by the words we hear and use. Words carry ideology and convey and create meaning. Like Chinese characters, words are 'ideographs that 'signify' and 'contain' a unique ideological commitment', that is frequently unquestioned. McGee also suggests that by understanding that a single word can carry ideology and that ideology can be expressed in a single word, we are better able to expose and evaluate ideology …


The Rule Of Law: China's Skepticism And The Rule Of People, Pat K. Chew Jan 2005

The Rule Of Law: China's Skepticism And The Rule Of People, Pat K. Chew

Articles

The West believes that without formal legal rules (the rule of law), how society operates is not transparent. This opaqueness in how things get done discourages trade, including foreign investment, which in turn makes overall economic development more difficult. Instead of predictable legal rules, the fear is that the void will be filled with unpredictable and arbitrary human indiscretions. Furthermore, the West believes that the absence of the rule of law makes the basic protection of human and civil rights problematic.

However, the Western view of the rule of law is not the only model. Alternative cultural assumptions about the …