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Articles 1 - 4 of 4
Full-Text Articles in Law
Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Citizens As Legal Decision Makers: An International Perspective, Valerie P. Hans
Citizens As Legal Decision Makers: An International Perspective, Valerie P. Hans
Cornell Law Faculty Publications
On May 1, 2007, Korea's National Assembly approved a judicial reform bill that introduces a jury system for serious criminal cases in Korean courts. The jury system is limited: jurors will only participate in cases where the defendant agrees to a trial by jury, and the jury's verdicts are only advisory to the judge. Nonetheless, Korean citizens now have a remarkable new opportunity to make judgments about criminal trials.
With this law reform, Korea joins a growing list of countries whose legal systems employ citizens as legal decision makers. The United States, Great Britain, and many other common law countries …
Economic Emergency And The Rule Of Law, Bernadette Meyler
Economic Emergency And The Rule Of Law, Bernadette Meyler
Cornell Law Faculty Publications
Academic work extolling the merits of the "rule of law" both domestically and internationally abounds today, yet the meanings of the phrase itself seem to proliferate. Two of the most prominent contexts in which rule of law rhetoric appears are those of economic development and states of emergency. In the area of private law, dissemination of the rule of law across the globe and, in particular, among emerging market countries is often deemed a prerequisite for enhancing economic development, partly because it ensures that foreign investments will not be summarily expropriated and that contractual rights will not be frustrated by …
The European Constitution And Its Implications For China, Xingzhong Yu
The European Constitution And Its Implications For China, Xingzhong Yu
Cornell Law Faculty Publications
The European Constitution is significant not only for the European Union, but also for a developing constitutional system like that of China. The EU constitutional practice may have positive implications on China's constitutional theory and practice. In the wake of the European constitutional achievement, Chinese constitutional scholars need to re-examine their long-held conviction in the indispensable role of the state in constitutional formation and imagination. The EU experience may have provided China with valuable insights and ways to deal with its inherited ethnic problems and improve its institutions on regional autonomy for ethnic minorities. China's own constitutional experiment in Hong …