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Articles 1 - 4 of 4

Full-Text Articles in Law

Brave New World: U.S. Responses To The Rise In International Crime--An Overview (Symposium)., John Murphy Jul 2005

Brave New World: U.S. Responses To The Rise In International Crime--An Overview (Symposium)., John Murphy

John F. Murphy

No abstract provided.


Legal Borrowing Is A Two-Way Street, Frank Garcia Jun 2005

Legal Borrowing Is A Two-Way Street, Frank Garcia

Frank J. Garcia

No abstract provided.


The Seduction Of The Appellate Body: Shrimp/Sea Turtle I And Ii And The Proper Role Of States In Wto Governance, J. Kelly Dec 2004

The Seduction Of The Appellate Body: Shrimp/Sea Turtle I And Ii And The Proper Role Of States In Wto Governance, J. Kelly

Patrick Kelly

The Article proposes new interpretations of GATT Article XX to minimize the harmful effects of recent WTO jurisprudence that threaten to undermine the goals of the trading system and diminish the role of states in policymaking. In the Shrimp/Turtle cases the WTO's Appellate Body (AB) utilized an evolutionary methodology to interpret the conservation of exhaustible natural resources exception in Article XX(g) to permit the unilateral regulation by one country of how goods are produced (PPMs) in other countries. Such an expansive approach to interpretation permits wealthy nations with large markets to unilaterally impose their preferred environmental policies, and presumably other …


The Formless City Of Plato's Republic: How The Legal And Social Promotion Of Divorce And Same-Sex Marriage Contravenes The Principles And Undermines The Projects Of The Universal Declaration Of Human Rights, Scott Fitzgibbon Dec 2004

The Formless City Of Plato's Republic: How The Legal And Social Promotion Of Divorce And Same-Sex Marriage Contravenes The Principles And Undermines The Projects Of The Universal Declaration Of Human Rights, Scott Fitzgibbon

Scott T. FitzGibbon

In the Republic, Plato describes a stage in social decay called “formlessness,” where all sorts of differences are accepted and none is preferred. No one need hold office or obey. People are impatient with all the ties that ought to bind them. Plato's formess city displays three deplorable features. One is the denigration of law and custom. A second is ethical skepticism or nihilism. A third is the repudiation of duty. These features also characterize the divorce culture and the same-sex marriage movement. The Universal Declaration of Human Rights reflects a philosophy quite the reverse of Plato’s formless city. Its …