Law Commons^™

Closing Gtmo Is Not Enough, Laurel E. Fletcher, Eric Stover

Laurel E. Fletcher

No abstract provided.

Plus On Est Observé, Moins On Est Sensible Aux Atteintes À La Vie Privée, Antoinette Rouvroy

Antoinette Rouvroy

Voir ce qui se passe dans sa rue, sur une plage aux Maldives ou au Nord-Kivu, au mètre près et en teps réel, ou presque. C'est le pari de e-Corce, un concept d'observation de la terre imaginé par l'agence spatiale française. Super Google Earth ou Big Brother?

Oscar Wilde: Paradoxical Poster Child For Both Identify And Post-Identify, Martha M. Ertman

Martha M. Ertman

No abstract provided.

Cooperative Antagonists - The Italian Constitutional Court And The Preliminary Reference: Are We Dealing With A Turning Point?, Giuseppe Martinico, Filippo Fontanelli

Giuseppe Martinico

On April 15, 2008, for the first time in its history, the Italian Constitutional Court (ICC) accepted to raise a preliminary question to the European Court of justice (ECJ). This decision (order no. 103/2008) represents a turning point in the ICC's case law. The aim of this paper is to provide a well-considered analysis of this order by exploring two themes: i) the developments of the ICC’s case-law as regards the role of EC Law and of the ECJ, and ii) the potential reading of the judicial relationship between the ICC and the ECJ in the light of the notion …

Living With Transparency, Robert D. Probasco

Robert Probasco

No abstract provided.

Guantánamo And Its Aftermath: U.S. Detention And Interrogation Practices And Their Impact On Former Detainees, Laurel E. Fletcher, Eric Stover, Stephen Paul Smith, Alexa Koenig, Zulaikha Aziz, Alexis Kelly, Sarah Staveteig, Nobuko Mizoguchi

Eric Stover

Eroding Disfavor Of Non-Competes And The Inevitable Disclosure Doctrine In South Carolina, Kevin R. Eberle

Kevin Eberle

No abstract provided.

El Principio De Inoponibilidad Registral Y Los Conflictos Entres Derechos Reales Y Derechos Personales En La Jurisprudencia, Cesar Enrique Delgado Perez

CESAR ENRIQUE DELGADO PEREZ

No abstract provided.

Overvaluing Uniformity, Amanda Frost

Amanda Frost

Posthumously Conceived Children And Social Security Entitlements; Or Things (Not) To Do In Little Rock When You’Re Dead, Mel Cousins

Mel Cousins

This case note examines a number of recent decisions of the Arkansas state courts concerning the entitlements of posthumously conceived children under social security and workers compensation law. These decisions highlight the differences in approach which have been adopted in this important area and the difficulties caused by the lack of a uniform approach in federal law.

International Tribunals: A Rational Choice Analysis, Andrew T. Guzman

Andrew T Guzman

In well-functioning domestic legal systems, courts provide a mechanism through which commitments and obligations are enforced. A party that fails to honor its obligations can be hauled before a court and sanctioned through seizure of person or property. The international arena also has courts or, to expand the category somewhat, tribunals. These institutions, however, lack the enforcement powers of domestic courts. How, then, do they work, and how might they work better or worse? The first objective of this Article is to establish that the role of the tribunal is to promote compliance with some underlying substantive legal rule. This …

Guantánamo And Its Aftermath: U.S. Detention And Interrogation Practices And Their Impact On Former Detainees, Laurel E. Fletcher, Eric Stover, Stephen Paul Smith, Alexa Koenig, Zulaikha Aziz, Alexis Kelly, Sarah Staveteig, Nobuko Mizoguchi

Laurel E. Fletcher

Winning Oral Argument: Do's And Don'ts, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Do's, Dont's, And Maybes: Legal Writing Punctuation—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Plain English: Eschew Legalese, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Open Code Governance, Danielle Keats Citron

Danielle Keats Citron

Automated information systems offer an opportunity to improve the democratic legitimacy of the administrative state. Today, agencies transfer crucial responsibilities to computer systems. Computers gather and interpret important information. For instance, electronic machines record and calculate votes. Automated systems execute policy and render decisions about important individual rights, such as a person’s eligibility for public benefits. Computer systems store sensitive personal information. These systems’ closed architecture, however, shields vital agency decisions from view. No one can see how a system operates without a software program’s source code. Closed code hides programming errors that disenfranchise voters, under-count communities for the census, …

Bits, Ippas, Trips And Icsid: Justice For Some, Alphabet Soup For All, Christopher Wadlow

Christopher Wadlow

Examines the possibility that ICSID (the International Centre for Settlement of Investment Disputes) might be a more favourable forum than the WTO for private party complaints of violations of the TRIPs Agreement, if the state conduct alleged to violate TRIPs amounted to expropriation or breach of the principle of fair and equitable treatment.

Some Thoughts On Achieving U.S. Compliance With International Obligation To Inform Other Nations About Arrest Of Their Citizens, Talbot D'Alemberte

Talbot D'Alemberte

The Avena decision against the United States by the World Court again tarnishes the reputation of the United States in the international human rights community but some relatively simple steps could bring this country into compliance with its treaty obligations to inform foreign nationals of their rights under the Vienna Convention on Consular Relations.

The article suggests that private economic action might be effective yet, to avoid that step, the problem can be corrected through legislation, through use of Miranda warnings and through notice given at arraignment.

Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin

Peter G. Danchin

No abstract provided.

Affirming The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Raymond Paternoster, Shawn Bushway

Douglas L. Colbert

No abstract provided.

Broadening Scholarship: Embracing Law Reform And Justice, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

Liberating The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

The Motion In Limine In Politically Sensitive Cases: Silencing The Defendant At Trial, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

Connecting Theory And Reality: Teaching Gideon And Indigent Defendants' Non-Right To Counsel At Bail, Douglas L. Colbert

Douglas L. Colbert

In my article, I critique criminal procedure textbooks' and law professors' limited treatment of the constitutional right to counsel at the bail stage. While explaining that casebook authors usually praise the Supreme Court's landmark decisions in Gideon v. Wainwright and Argersinger v. Hamlin for guaranteeing trial counsel to indigent state defendants, I suggest that they shed minimal light on Gideon's irrelevance to most state defendants when they first appear before a judicial officer. Reviewing leading criminal procedure casebooks, I demonstrate that it is the rare text which informs law students that accused defendants should not expect to find a defense …

Coming Soon To A Court Near You – Convicting The Unrepresented At The Bail Stage: An Autopsy Of A State High Court’S Sua Sponte Rejection Of Indigent Defendants’ Right To Counsel, Douglas L. Colbert

Douglas L. Colbert

Recently, the Maryland Court of Appeals became the first state court of last resort to reject Gideon v. Wainwright’s guarantee of counsel at the bail stage. In ruling sua sponte that bail is not a critical stage entitling indigent defendants to invoke their constitutional right to counsel, the Fenner Court held that statements offered by an unrepresented and non-Mirandized indigent defendant were admissible at trial. I contend that the Fenner ruling may transform the pretrial fact-gathering process by providing prosecutors with an additional source of evidence against indigent defendants, namely statements made at a judicial proceeding for the purpose of …

The Motion In Limine:Trial Without Jury - A Government's Weapon Against The Sanctuary Movement, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

Cyber Civil Rights, Danielle Keats Citron

Danielle Keats Citron

Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital “scarlet letters” that ruin reputations. Today’s …

Free Speech And Holocaust Denial, Russell L. Weaver

Russell L. Weaver