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Full-Text Articles in Law

The Admissibility Of Confessions Under Israeli Law: Procedural And Substantive Differences Between The “Free And Voluntary” Standard And The Judicial Exclusionary Rule For Unlawfully Obtained Evidence, Binyamin Blum, Yoram Rabin, Barak Ariel Nov 2017

The Admissibility Of Confessions Under Israeli Law: Procedural And Substantive Differences Between The “Free And Voluntary” Standard And The Judicial Exclusionary Rule For Unlawfully Obtained Evidence, Binyamin Blum, Yoram Rabin, Barak Ariel

Faculty Scholarship

No abstract provided.


The Hounds Of Empire: Forensic Dog Tracking In Britain And Its Colonies, 1888-1953, Binyamin Blum Aug 2017

The Hounds Of Empire: Forensic Dog Tracking In Britain And Its Colonies, 1888-1953, Binyamin Blum

Faculty Scholarship

No abstract provided.


What Can Europe Tell Us About The Future Of American Federalism?, Ernest A. Young Jan 2017

What Can Europe Tell Us About The Future Of American Federalism?, Ernest A. Young

Faculty Scholarship

No abstract provided.


Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer Jan 2017

Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer

Faculty Scholarship

This essay, a contribution to an AJIL Unbound symposium on “Treaty Exit at the Interface of Domestic and International Law,” compares treaty exit in the United States, the United Kingdom, and South Africa. After examining the longstanding practice of unilateral presidential withdrawals from treaties in the United States and the refusal to date of U.S. courts to review the constitutionality of that practice, the essay summarizes recent judicial decisions in the United Kingdom and South Africa holding that parliamentary approval was required before these nations could withdraw from treaties committing them, respectively, to the European Union and the International ...


What Is Foreign Relations Law?, Curtis A. Bradley Jan 2017

What Is Foreign Relations Law?, Curtis A. Bradley

Faculty Scholarship

This draft first chapter of The Oxford Handbook of Comparative Foreign Relations Law considers what is potentially encompassed by the term “foreign relations law,” and what it might mean to think about it as a distinct field of law that can be compared and contrasted across national jurisdictions. The chapter begins by outlining some differences between foreign relations law and international law. It then describes the development of foreign relations law as a field of study within the United States and considers why, at least until recently, it has not been treated as a field in most other countries. Finally ...


Original Foreign Affairs Federalism, Gary Lawson Jan 2017

Original Foreign Affairs Federalism, Gary Lawson

Faculty Scholarship

Two of the most doctrinally bewildering topics in American constitutional law are federalism and foreign affairs. Put the two together and it requires the patience of Job and the wisdom of Solomon to navigate, never mind make sense of, the judicial and political accommodations that have arisen over the course of more than two centuries concerning the relative roles of the national, state, and local governments in matters that implicate American involvement with foreign countries and citizens. I will not go so far as to say that Mike Glennon and Rob Sloane’s new book, Foreign Affairs Federalism: The Myth ...


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 Jan 2017

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

Faculty Scholarship

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.


African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga Jan 2017

African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga

Faculty Scholarship

This Article examines African constitutional courts’ jurisprudence—that is, jurisprudence of courts that exercise judicial review—and demonstrates the increasing role of sub-Saharan Africa’s constitutional courts in the development of policy, a phenomenon commonly referred to as 'judicialization of politics' or a country’s 'judicialization project.' This Article explores the jurisprudence of constitutional courts in select African countries and specifically focuses on the promotion of democracy, respect for human rights, and the rule of law, and presupposes that although judges often take a positivist approach to adjudication, they do impact policy nevertheless.

The use of judicial review in Africa ...


Liability For Providing Hyperlinks To Copyright-Infringing Content: International And Comparative Law Perspectives, Jane C. Ginsburg, Luke Ali Budiardjo Jan 2017

Liability For Providing Hyperlinks To Copyright-Infringing Content: International And Comparative Law Perspectives, Jane C. Ginsburg, Luke Ali Budiardjo

Faculty Scholarship

Hyperlinking, at once an essential means of navigating the Internet, but also a frequent means to enable infringement of copyright, challenges courts to articulate the legal norms that underpin domestic and international copyright law, in order to ensure effective enforcement of exclusive rights on the one hand, while preserving open communication on the Internet on the other. Several recent cases, primarily in the European Union, demonstrate the difficulties of enforcing the right of communication to the public (or, in US copyright parlance, the right of public performance by transmission) against those who provide hyperlinks that effectively deliver infringing content to ...