Law Commons^™

Debunking The Deathbed Analysis: Exploring A New Approach To Article 3 Health Cases, Meredith Heim

Northwestern Journal of Human Rights

This essay will explore Article 3 of the European Convention on Human Rights (ECHR) as it has been applied to deportation cases of persons in poor health, with the ultimate goal of answering the following question: Whether the deportation of a person to a place where she or he will not receive adequate health care should constitute a violation of ECHR Article 3. Further, this article will suggest how the European Court of Human Rights (ECtHR) and the national courts below them can better review such cases in order to provide more meaningful protection to those inflicted. In doing so, …

Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau

Journal of Race, Gender, and Ethnicity

No abstract provided.

The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson

Scholarly Works

No abstract provided.

How Town Of Chester V. Laroe Estates, Inc. Turned The One-Good-Plaintiff Rule Into The One-Good-Remedy Rule, Jesse D.H. Snyder

San Diego Law Review

This Article argues that Town of Chester reframes the one-good-plaintiff rule, turning an inquiry focused on at least one plaintiff with standing for each asserted claim into one in which courts must assay standing for the entire field of damages seekers. In three parts, the Article reviews Article III standing juxtaposed with the advent of the one-good-plaintiff rule, discusses Town of Chester, and explores how Town of Chester affects the future of the one-good-plaintiff rule. Although Town of Chester did not address existing plaintiffs or how their extant damages theories can anchor other parties, the Court’s rationale is a salvo …

Spokeo Misspeaks, Lauren E. Willis

Loyola of Los Angeles Law Review

Most commentators have critiqued the Supreme Court’s opinion in Spokeo, Inc. v. Robins for failing to answer the question presented. But in important ways, the Spokeo opinion does not merely fail to speak—it affirmatively misspeaks. This essay suggests that underlying the Justices’ inability to see how standing law ought to apply to the facts in Spokeo is a failure to appreciate the power that consumer reports have over individuals’ life prospects today. Worse, the Justices’ unawareness of their own ignorance leads them to afford Congress little deference in identifying injuries occurring in our new information society. Their meta-ignorance also induces …

The Shochu Conundrum: Economics And Gatt Article Iii, Alex Davis

Undergraduate Economic Review

This paper will discuss the National Treatment (NT) obligation contained in Article III of the General Agreement on Tariffs and Trade (GATT) 1994 as applied in precedential tax discrimination cases. Case law has not taken a firm stance on the economic versus legal interpretation of the likeness/directly competitive or substitutable (DCS) criterion or the principle of “so as to afford protection” (SATAP) captured in Article III.2. After examining the case law on discriminatory taxation, I conclude that the NT obligation in trade agreements is imperfect. Nonetheless, NT is a critical component of these agreements, and the international trade order would …

Eu External Relations: Exclusive Competence Revisited, Allan Rosas

Fordham International Law Journal

This Article will focus on the question of exclusive competence in the field of EU external relations, especially in the light of recent developments. After a brief discussion on the origins and development of exclusive competence, a distinction will be made between common commercial policy, which has traditionally been the most important area of an explicit “a priori” exclusive competence, and what is often called an implicit exclusive competence, which, as it is today based on some general criteria enshrined in TFEU Article 3(2), may be called “supervening” exclusive competence. With regard to both categories, the main focus will be …

Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias , Sharon E. Rush

Missouri Law Review

Each individual has a background, and that background shapes the individual's views about life, creating an inevitable form of bias referred to as "experiential bias." Experiential bias is shaped by many identity traits, including, among others, race, sex, sexual orientation, religion and even geography. The geographic identity of state judges and their potential unfair experiential bias is the common justification for federal court diversity jurisdiction. But experiential bias is inescapable, affecting everyone who's ever had an experience, and is generally not unfair, as demonstrated by most studies regarding the "fairness" justification for diversity jurisdiction. More recently, Justice O'Connor connected racial …

F10rs Sgb No. 4 (So Events), Elmore, Lockwood, Baudoin

Student Senate Enrolled Legislation

No abstract provided.

Complementary Protection For Victims Of Human Trafficking Under The European Convention On Human Rights, Vladislava Stoyanova

Vladislava Stoyanova

The international legal framework regulating the problem of human trafficking contains the presumption that the return of victims of human trafficking to their countries of origin is the standard resolution for their cases. However, victims might have legitimate reasons for not wanting to go back. For those victims, resort to the legal framework of the European Convention on Human Rights could be a solution. I elaborate on the protection capacity of Article 3 when upon return victims face dangers of re-trafficking, retaliation, rejection by family and/or community and when upon return in the country of origin victims could be subjected …

Limiting Legislative Courts: Protecting Article Iii From Congressional Evisceration, Kenneth G. Coffin

Kenneth G. Coffin

As with the notion of a unitary executive or a limited commerce clause, hope for a single federal judiciary has fallen by the wayside. Since 1828, the Supreme Court has recognized a separate class of “legislative courts.” Judges of these legislative, or Article I, courts fall outside the guarantees of Article III. Congress may therefore provide for limited terms of office, disparate methods of appointment and reduction of salaries. Currently there are over 2,000 Article I judges, including Bankruptcy, Magistrate, and Administrative Law judges, just to name a few. In contrast, only 829 United States judges can claim Article III …

F09rs Sgb No. 5 (Election Code), Palermo, Hansen, Prestridge, Widenski

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 22 (Senate Orientation), Martin

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 20 (Election Code), C Chetta, Doughty, Sabolyk, Wells

Student Senate Enrolled Legislation

No abstract provided.

Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman

International Law Studies

No abstract provided.

S09rs Sgb No. 1 (Bylaws), Upton, Bourgeois, Jackson, Martin, Palermo

Student Senate Enrolled Legislation

No abstract provided.

German Equal Protection: Substantive Review Of Economic Measures, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Polyphonic Stare Decisis: Listening To Non-Article Iii Actors, Kermit Roosevelt Iii

All Faculty Scholarship

This article explores the input that non-Article III actors can and should have in the Supreme Court’s decision to reconsider a prior constitutional decision. It employs a model of constitutional decision-making that distinguishes between the articulation of constitutional meaning and the construction of constitutional doctrine to identify several different stages at which a court can adhere to or depart from precedent and examines the persuasive power of non-Article III input at each stage.

From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan

Articles

In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …

Revised Article 3: ''(Revise) It Again, Sam'', Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Separate But Not Sovereign: Reconciling Federal Commandeering Of State Courts, Tonya M. Gray

Vanderbilt Law Review

"The question is not what power the federal government ought to have but what powers in fact have been given by the people." Determining the division of power between the states and the federal government has been a debated issue throughout constitutional jurisprudence. Indeed, "[n]o problem has plagued the nation's constitutional history more." In joining the union, the states relinquished power to the federal government. The states were not left without power, as the Tenth Amendment guarantees that powers not enumerated to the federal government or restricted from the states are retained by the states. The broad language of the …

Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler

Articles & Chapters

No abstract provided.

Arkansas's Revised Article 3: User Caution Advised!!, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Revised Article 3 And Amended Article 4 Of The Uniform Commercial Code: Comments On The Changes They Will Make, Arthur G. Murphey

Faculty Scholarship

No abstract provided.

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses (Articles 1-4), Robert D. Hayton

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

14 pages.

Includes footnotes.

Abrogation Of Surety's Right Of Discharge On Release Of The Principal Obligor Under Revised Article 3: A Creditor's Tool For Maximizing Self-Interest, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Abrogation Of Surety's Right Of Discharge On Release Of The Principal Obligor Under Revised Article 3: A Creditor's Tool For Maximizing Self-Interest, Sarah Howard Jenkins

Oklahoma Law Review

No abstract provided.

"Success" And The Judicial Power, Frank H. Easterbrook

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

The Constitution As Architecture: A Charette, Larry Kramer

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III