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Full-Text Articles in Law

Refugees, Itamar Mann Jan 2011

Refugees, Itamar Mann

Student Scholarship Papers

This definition is meant to intervene in the globalized conversation on the nature of the nation state. Whether in political theory, the social sciences, or law, this conversation has already internalized processes which, during the 20th century, have turned the Earth into one political unit.1 Numerous commentators have repeatedly declared the death of the nation state. This political formation, a relatively new one, the advent of which can be traced to the 19th century, has ostensibly been replaced by global mechanisms of governance and force. Whether characterized by global financial or labor markets, intergovernmental organizations such as the EU ...


The Dayton Peace Agreement: Constitutionalism And Ethnicity, Ronald C. Slye Jan 1996

The Dayton Peace Agreement: Constitutionalism And Ethnicity, Ronald C. Slye

Faculty Scholarship Series

It has been almost five years since the violent dissolution of Yugoslavia.
An estimated.200,000 civilians have been killed, over two million people have
been displaced from their homes, tens of thousands have been tortured and
raped, and Europe has hosted yet another of the world's genocides. While
the recently concluded Dayton Peace Agreement has resulted in a temporary
cessation of the armed conflict, serious concerns have been raised regarding
efforts to rebuild and repair the institutions of civil society. Little attention
has been paid, however, to the constitutional structure of the newly created
state of Bosnia and ...


Supreme Court And Private Rights, Edwin Borchard Jan 1938

Supreme Court And Private Rights, Edwin Borchard

Faculty Scholarship Series

Some of the social-political theories which influenced the framers of the Constitution were derived from Locke, Hume, Harrington, Coke and Blackstone. These men were less concerned with forms of government than with the relation between society as a whole and its individual members. They were sure that the individual possessed certain indefeasible, primordial rights and that government was designed to protect these rights against encroachment by the state or by classes within it. Perhaps the most important of these private rights was that of property, associated by Locke with liberty and often identified with it.' Thus, the effort of the ...


Neutrality, Edwin Borchard Jan 1938

Neutrality, Edwin Borchard

Faculty Scholarship Series

Before 1914, it was hard to find much difference of opinion among American citizens about the proper policy of the United States in relation to foreign wars or even foreign affairs. That policy, with respect to Europe, was dictated by geographical factors and by a colonial and continental history that left little room for debate. Detachment from Europe's political entanglements, non-intervention in its internal affairs, and neutrality in its wars were the keynotes. After 1898 the acquisition of Asiatic possessions turned America to a Pacific orientation marked by uncertainty and the assumption of unnecessary risks. The desire to play ...


French Administrative Law, Edwin Borchard Jan 1933

French Administrative Law, Edwin Borchard

Faculty Scholarship Series

In a time of rapid economic and social change the historical separation of powers tends to become blurred and indistinct. Notwithstanding the social necessity for breaking down this incident of the natural law of the eighteenth century, it has survived in the United States to an extent unknown in other countries, possibly in part because of the indigenous nature of one of its sustaining causes, namely, the unwillingness of the United States Supreme Court to exercise jurisdiction in any but the most pressing of cases, with the consequent undue limitation of the concept "judicial."' But the facts of life defy ...


Declaratory Judgments In New Jersey, Edwin Borchard Jan 1932

Declaratory Judgments In New Jersey, Edwin Borchard

Faculty Scholarship Series

New Jersey was the State which, by the statute of 1915 and the case of In re Ungaro’s Will, began the current movement for the introduction of the declaratory judgment into American procedure. Appreciation of its beneficent effect is attested by the fact that thirty-one American jurisdictions have now adopted it as an aid in the solution of contested issues of law, before one party or the other has incurred the risk of loss or damage by acting upon his own interpretation of his rights under a contract, will, statute, or other legal instrument or relation. Its history in ...


Declaratory Judgments, Edwin Borchard Jan 1929

Declaratory Judgments, Edwin Borchard

Faculty Scholarship Series

You may think it a little presumptuous, and I guess it is, to have a man come here from the East and undertake to point out any defects in the law of Ohio. My interest in the subject of declaratory judgments is such, however, that I have ventured to incur whatever dangers there may be in that undertaking. I was the more disposed to run those risks because what I hope to discuss today is not anything really new, but is an institution that England has had for over fifty years and which has been adopted in some twenty-three states ...


Strength And Weakness Of The New International Court, Edwin Borchard Jan 1922

Strength And Weakness Of The New International Court, Edwin Borchard

Faculty Scholarship Series

For an adequate understanding of the origin, jurisdiction and functions of the newly established court of international justice at the Hague, it will be necessary to revert to the two Hague Conferences of 1899 and 1907 and to examine the organization of the Permanent Court of Arbitration at the Hague created and developed at: those Conferences. The characteristic feature of the Court of Arbitration as distinguished from the new Permanent Court of Justice lies in the fact that the personnel of the former consists of an eligible list or panel, of which there are now some one hundred and twenty ...


Some Lessons From The Civil Law, Edwin Borchard Jan 1916

Some Lessons From The Civil Law, Edwin Borchard

Faculty Scholarship Series

The purpose of this brief article is not so much to set forth any specific institutions disclosed by a study of the civil law, as to point out some of those defects of our own system which are accentuated by comparison with the civil law, defects due to the methods rather than the substance of the common law. There is no desire to urge such a radical and perhaps impossible step as the substitution of civil law methods for our own; but in the consideration of plans for the improvement of our law, it may be profitable to observe that ...