Law Commons^™

A Pantomime Of Privacy: Terrorism And Investigative Powers In German Constitutional Law, Russell A. Miller

Russell A. Miller

Germany is widely regarded as a global model for the privacy protection its constitutional regime offers against intrusive intelligence-gathering and law enforcement surveillance. There is some basis for Germany’s privacy “exceptionalism,” especially as the text of the German Constitution (“Basic Law”) provides explicit textual protections that America’s Eighteenth Century Constitution lacks. The German Federal Constitutional Court has added to those doctrines with an expansive interpretation of the more general rights to dignity (Basic Law Article 1) and the free development of one’s personality (Basic Law Article 2). This jurisprudence includes constitutional liberty guarantees such as the absolute protection of a …

Pirate Trials, The International Criminal Court And Mob Justice: Reflections On Postcolonial Sovereignty In Kenya, Mateo Taussig-Rubbo

Mateo Taussig-Rubbo

No abstract provided.

Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus

Isabel Marcus

No abstract provided.

Vertical And Horizontal Perspectives On Rights Consciousness, David M. Engel

David M. Engel

It has become commonplace to assert that rights consciousness is expanding globally and that individuals worldwide demonstrate an increasing awareness of and insistence upon their legal entitlements. To marshal empirical support for such claims is, however, exceedingly complex. One important line of socio-legal research on rights consciousness adopts what might be called a “vertical” perspective, tracing the flow of legal norms and practices from prestigious international organizations and world centers of cultural production to local settings, where they may be adopted, resisted, or transformed. Vertical perspectives on rights consciousness have contributed new understandings of law in contemporary societies around the …

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Muna B Ndulo

No abstract provided.

A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff

Steven Davidoff Solomon

The Jewish view on the death penalty is that it should exist but it should never be used .... [lI]t is Governor Pataki's job to ensure :order. But he must remember that as a leader he must exhibit attributes of both the father and the mother. Governor Pataki is a nice man. But if he acts on the death penalty, he will be the leader of a bloody government

Teaching International Law: Beyond The Law School Experience, Charlotte Ku

Charlotte Ku

As teachers, it is perhaps natural for us to think about teaching in the classroom context, although this panel is demonstrating the teaching opportunities that may exist outside of a single course or courses in international law.

Lawyer Discipline In An Authoritarian Regime: Empirical Insights From Zhejiang Province, China, Judith A. Mcmorrow, Benjamin Van Rooij, Sida Liu

Judith A. McMorrow

On paper the state-run lawyer disciplinary system in China serves multiple interests: client protection, maintaining the reputation of the legal profession, upholding the rule of law, and safeguarding the party-state authority. This Article assesses which of these interests dominates in the lawyer disciplinary process by analyzing 122 published lawyer discipline cases from Zhejiang Province from 2007-2015. These records of lawyer discipline evidence an authoritarian political logic of attorney discipline, with punishment most clearly serving to safeguard the Communist Party's rule by keeping lawyers in bounds and tightly tied to their law firms. Subordinate to this are other state interests such …

中国法律检索教育新发展, Liying Yu, Ning Han

Ning Han

本文通过问卷调查揭示中国法律检索教学领域的最新状况和发展趋势。该调查是作者2008年调查的继续，以期发现近年来国内该项教学的进展和变化。作者希望以中美法律图书馆员的视角对中国法律检索教学中诸如课程设置、教学方式、学分、考核评估等方面进行具体观察和分析；同时，对法律职业与法律教育者之间的反馈系统、学生对法律检索能力的认知、全国性指导标准等相关方面也有涉及。文章指出，当前，中国法律检索教学局限与机遇并存，特别是伴随信息与数据时代对社会经济文化的全面影响，中国法学教育改革适逢其时，法律检索教育也会不可避免地提到议事日程。而且，作者乐观地认为，中美法律图书馆员在其中的积极与促进作用也是无可替代的。

Legal Research Instruction And Law Librarianship In China: An Updated View Of Current Practices And A Comparison With The U.S. Legal Education System, Ning Han, Liying Yu, Anne Mostad-Jensen

Ning Han

This article follows up on Liying Yu’s 2008 survey exploring the state of legal research instruction in Chinese law schools. The updated survey revisits the state of legal research instruction in China, explores several aspects not previously addressed, and discusses broader issues relevant to law librarianship in China such as management models, funding, staffing, and law librarian faculty status.

Resolving Economic Disputes In Russia's Market Economy, Karen Halverson

Karen Halverson Cross

The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.

Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green

Sonia Bychkov Green

This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.

Triumph Or Tragedy? The Curious Path Of Corporate Disclosure Reform In The U.K., Cynthia A. Williams, John M. Conley

Cynthia A. Williams

No abstract provided.

Symposium Transcript, Erwin Chemerinsky, Mary Ellen O'Connell, Jeremy Rabkin

Erwin Chemerinsky

No abstract provided.

The Relationship Between International Law And Domestic Law: Yong Vui Kong V Pp [2010] 3 Slr 489 [Case Note], Siyuan Chen

Siyuan CHEN

The Court of Appeal in Yong Vui Kong v PP [2010] 3 SLR 489 recently addressed at length the issue of the constitutionality of the mandatory death penalty. In the main, the appellant had argued that the mandatory death penalty was unconstitutional because it violated Art 9(1) of the Constitution of the Republic of Singapore (1999 Rev Ed), which states that: “No person shall be deprived of his life or personal liberty save in accordance with law.” The court ultimately rejected this argument. This piece focuses on the main international law issue emanating from the said constitutional challenge, viz, the …

Redefining Relevancy And Exclusionary Discretion In Sir James Fitzjames Stephen’S Indian Evidence Act Of 1872: The Singapore Experiment And Lessons For Other Indian Evidence Act Jurisdictions, Siyuan Chen

Siyuan CHEN

In many jurisdictions, the rules of evidence can often be instrumental in determining the outcome of a dispute. But to what extent can evidence law be controlled by codification, or is it better to leave its regulation and development to the judges via common law? In an attempt to bridge the gap between the rules of an antiquated evidence statute and the modern realities of practice, Singapore’s Evidence Act was amended in 2012. Certain relevancy provisions were amended to allow greater admissibility of evidence, while new provisions were introduced to act as a check against abuse. However, it will be …

Global Issues In Freedom Of Speech And Religion: Cases And Materials, Leslie Gielow Jacobs, Alan Brownstein

Leslie Gielow Jacobs

Brownstein and Jacobs's Global Issues in Freedom of Speech and Religion: Cases and Materials is a companion volume to existing materials. Designed to assist professors in introducing issues of international and comparative law, this title is ideal for use in educational courses that address:

• The First Amendment
• Law and religion
• Individual rights
• Other topics dealing with free speech and religious liberty

In order to make companion materials understandable and accessible to students as well as to professors who have not taught the materials before, this title:

• Includes case excerpts, helpful background materials, and notes
• Is set out in a structure …

Limits To The Independent Anti-Corruption Commission Model Of Corruption Reform: Lessons From Indonesia, Leslie Gielow Jacobs, Benjamin B. Wagner

Leslie Gielow Jacobs

No abstract provided.

Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.

Law, Governance, And Academic And Disciplinary Decisions In Australian Universities: An American Perspective, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.

Double Sovereignty In Europe? A Critique Of Habermas's Defense Of The Nation-State, Vlad F. Perju

Vlad Perju

Jürgen Habermas’s influential account of the transnationalization of democracy is typically seen as a bold attempt to articulate the political-philosophical foundations of European integration. Habermas posits an identity split between individuals as citizens of their nation states and (the same) individuals as members of the future European Union. According to the dual sovereignty thesis, nation states and the EU are co-original and co-determinate.

I challenge this conception on two grounds. First, split identity is a source of fragmentation that subverts the transnationalization of democracy. It would be irrational for EU citizens to partake in a project that empowers states to …

Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016), Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It …

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn

Jason Kilborn

This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.

France Bans The Veil: What French Republicanism Has To Say About It, Stéphane Mechoulan

Stéphane Mechoulan

Patriot Act A More Perfect Policy.Docx, D'Andre Devon Lampkin

D'Andre Lampkin

The Lives And Times Of Temporary Legislation And Sunset Clauses, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen

Mathilde Cohen

A Chinese Inheritance, Thomas E. Simmons

Thomas E. Simmons

The Jewel In The Crown: Can India’S Strict Liability Doctrine Deepen Our Understanding Of Tort Law Theory?, Deepa Badrinarayana

Deepa Badrinarayana

The "Right" Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana

Deepa Badrinarayana