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Full-Text Articles in Law
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
San Diego Law Review
This Article focuses on the third guidepost announced in BMW v. Gore for reviewing whether the amount of punitive damages award is so excessive as to violate due process, specifically, comparing punitive damages to criminal sanctions. Part I of the article examine the Supreme Court's language in several cases about the relevance of criminal sanctions to the question whether a punitive award is constitutionally excessive. It criticizes the Campbell effort to distinguish between civil and criminal penalties under the third guidepost. Part II suggests that the third guidepost, in theory, wrongly constrains courts from imposing sanctions above those created by …
Forcible Transborder Abduction: Defensive Versus Offensive Remedies For Alvarez-Machain, Ashley Wright Baker
Forcible Transborder Abduction: Defensive Versus Offensive Remedies For Alvarez-Machain, Ashley Wright Baker
Saint Louis University Law Journal
No abstract provided.
A Battle On Two Fronts: A Critique Of Recent Supreme Court Jurisprudence Establishing The Intent And Meaning Of The Constitution’S Actual Enumeration Clause, Robert R. Mccoy
Cornell Journal of Law and Public Policy
No abstract provided.
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
San Diego International Law Journal
This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …
What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser
What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser
Michigan Law Review
Democracy by Decree is the latest contribution to a scholarly literature, now nearly thirty-years old, which questions whether judges have the legitimacy and the capacity to oversee the remedial phase of institutional reform litigation. Previous contributors to this literature have come out on one side or the other of the legitimacy and capacity debate. Abram Chayes, Owen Fiss, and more recently, Malcolm Feeley and Edward Rubin, have all argued that the proper role of judges is to remedy rights violations and that judges possess the legitimate institutional authority to order structural injunctions. Lon Fuller, Donald Horowitz, William Fletcher, and Gerald …
What About The Girls, Kathleen Kostelny
What About The Girls, Kathleen Kostelny
Cornell International Law Journal
No abstract provided.
Fragmentation Of International Law And Establishing An Accountability Regime For International Organizations: The Role Of The Judiciary In Closing The Gap, Karel Wellens
Michigan Journal of International Law
In the mid-nineties, the Editorial Board of the Netherlands Yearbook of International Law decided to select the diversity in secondary rules and the unity of international law as a topic to celebrate the Yearbook's twenty-fifth anniversary. The focus was on sources, responsibility, countermeasures, and dispute settlement, thus reflecting Hart's secondary rules of recognition, change, and adjudication.