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Articles 1 - 18 of 18
Full-Text Articles in Law
Keeping Faith With Nomos, Steven L. Winter
Keeping Faith With Nomos, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
The Virtues Of Bright Lines: Self-Determination, Secession, And External Intervention, Brad R. Roth
The Virtues Of Bright Lines: Self-Determination, Secession, And External Intervention, Brad R. Roth
Law Faculty Research Publications
The United Nations Charter-based international order sought to reconcile the selfdetermination of peoples with the inviolability of state boundaries by presuming sovereign states to be manifestations of the self-determination of the entirety of their territorial populations. This presumption, albeit notionally rebuttable, traditionally prevailed even where states could only by a feat of ideological imagination be characterized as "possessed of a government representing the whole people belonging to the territory without distinction." But the international reaction to fragmentation in the former Yugoslaviaregarding both the initial "dissolution" and the subsequent struggle over Kosovo-called into question the rigid doctrines of the past and …
Adoption And The Limits Of Contract In Victorian Adoption Case Law And George Eliot's Silas Marner, Sarah Abramowicz
Adoption And The Limits Of Contract In Victorian Adoption Case Law And George Eliot's Silas Marner, Sarah Abramowicz
Law Faculty Research Publications
No abstract provided.
Hollow Spaces, Charles H. Brower Ii
Hollow Spaces, Charles H. Brower Ii
Law Faculty Research Publications
No abstract provided.
Global Mental Health: Changing Norms, Constant Rights, Lawrence O. Gostin, Lance Gable
Global Mental Health: Changing Norms, Constant Rights, Lawrence O. Gostin, Lance Gable
Law Faculty Research Publications
No abstract provided.
Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall
Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall
Law Faculty Research Publications
Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This Article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal …
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin
Law Faculty Research Publications
No abstract provided.
Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson
Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson
Law Faculty Research Publications
No abstract provided.
Is Hindsight 20-20? Reconsidering The Importance Of Pre-Constitutional Documents, Kirsten Matoy Carlson
Is Hindsight 20-20? Reconsidering The Importance Of Pre-Constitutional Documents, Kirsten Matoy Carlson
Law Faculty Research Publications
Many constitutional orders, including the United States, have yet to determine the legal and political status of pre-constitutional documents written prior to the enactment of a final constitution. This article argues that pre constitutional documents should be critically analyzed by their respective constitutional communities. It maintains that pre-constitutional documents play a key role in constitutional orders by identifying conflicts that remain over time and contends that critical analysis of these documents facilitates deeper understandings of constitutional politics. It demonstrates how pre constitutional documents can be used as diagnostic tools for identifying and better understanding persistent constitutional tensions through a case …
Public Corruption: A Comparative Analysis Of International Corruption Conventions And United States Law, Peter J. Henning
Public Corruption: A Comparative Analysis Of International Corruption Conventions And United States Law, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz
Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz
Law Faculty Research Publications
Many legal historians see pre-1839 English child custody law as consisting of near-absolute paternal rights. These historians believe that the weakening of fathers' rights began with the 1839 Custody of Infants Act, which created certain maternal custody rights. Other historians have noted that paternal custody was qualified even before 1839 by the Court of Chancerys application of the doctrine of parens patriae. This Note tells a different story and argues that the origin of incursions into the so-called "empire of the father" was the 1660 Tenures Abolition Act, a statute that ironically seemed designed to strengthen fathers' rights. The …
No Place To Call Home: Stateless Vietnamese Asylum Seekers In Hong Kong, Rachel Settlage
No Place To Call Home: Stateless Vietnamese Asylum Seekers In Hong Kong, Rachel Settlage
Law Faculty Research Publications
No abstract provided.
Constitutionalism In Eastern Europe: Alternatives To The Liberal Social Contract, Brad R. Roth
Constitutionalism In Eastern Europe: Alternatives To The Liberal Social Contract, Brad R. Roth
Law Faculty Research Publications
No abstract provided.
Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg
Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
Book Review: Beaudoin & Ratushny Eds., The Canadian Charter Of Rights And Freedoms, Robert A. Sedler
Book Review: Beaudoin & Ratushny Eds., The Canadian Charter Of Rights And Freedoms, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler
The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Law Reform In The Emerging Nations Of Sub-Saharan Afica: Social Change And The Development Of The Modern Legal System, Robert A. Sedler
Law Reform In The Emerging Nations Of Sub-Saharan Afica: Social Change And The Development Of The Modern Legal System, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
The Development Of Legal Systems: The Ethiopian Experience, Robert Allen Sedler
The Development Of Legal Systems: The Ethiopian Experience, Robert Allen Sedler
Law Faculty Research Publications
A complete, modern legal system must be created in each of the "developing nations" of the world to meet the needs of rapid social and economic growth. The problems experienced in imposing a new legal system upon a "developing" society are frequently similar among the various nations. Professor Sedier discusses these problems of general legal development with respect to several new nations. His detailed analysis of the progress of the Ethiopian legal system brings into focus the common denominators of legal and societal evolution. He is particularly qualified to discuss the Ethiopian experience because of his former position as Assistant …