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Articles 1 - 14 of 14
Full-Text Articles in Law
Secessions, Coups, And The International Rule Of Law: Assessing The Decline Of The Effective Control Doctrine, Brad R. Roth
Secessions, Coups, And The International Rule Of Law: Assessing The Decline Of The Effective Control Doctrine, Brad R. Roth
Law Faculty Research Publications
Attempted secessions (for example, Kosovo and Somaliland) and coups d'état (for example, Madagascar and Honduras in 2009) prompt contestation over whether or not legal status is to be conferred on local exercises of de facto authority. International legal standing has traditionally been established by victory in a trial by ordeal: a region initially integral to an existing state successfully establishes itself as an independent sovereign unit only where its secession movement creates - usually by decisive victory in an armed struggle -facts on the ground that appear irreversible; an insurgent faction successfully establishes itself as a government where it overthrows …
The Pitfalls Of Dealing With Witnesses In Public Corruption Prosecutions, Peter J. Henning
The Pitfalls Of Dealing With Witnesses In Public Corruption Prosecutions, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Legislative Prayer And The Secret Costs Of Religious Endorsements, Christopher C. Lund
Legislative Prayer And The Secret Costs Of Religious Endorsements, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
Reproductive Health As A Human Right, Lance Gable
Reproductive Health As A Human Right, Lance Gable
Law Faculty Research Publications
No abstract provided.
The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler
The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler
Law Faculty Research Publications
Religious liberty is a favored value under the United States Constitution. The Constitution provides two-fold protection to religious liberty by means of the Establishment Clause and the Free Exercise Clause. The Establishment Clause, sometimes referred to as the separation of church and state, requires that the government maintain a course of complete official neutrality toward religion. The government cannot favor one religion over another, nor can it favor religion over non-religion. The Free Exercise Clause is a textual guarantee of peoples' right to practice their religion and to hold and act on religious beliefs. The First Amendment's guarantee of freedom …
Promoting Urban Agriculture As An Alternative Land Use For Vacant Properties In The City Of Detroit: Benefits, Problems, And Proposals For A Regulatory Framework For Successful Land Use Integration, John E. Mogk, Sarah Kwiatkowski, Mary J. Weindorf
Promoting Urban Agriculture As An Alternative Land Use For Vacant Properties In The City Of Detroit: Benefits, Problems, And Proposals For A Regulatory Framework For Successful Land Use Integration, John E. Mogk, Sarah Kwiatkowski, Mary J. Weindorf
Law Faculty Research Publications
No abstract provided.
The Challenge Of Interpreting 'Wto-Plus' Provisions, Julia Ya Qin
The Challenge Of Interpreting 'Wto-Plus' Provisions, Julia Ya Qin
Law Faculty Research Publications
This paper seeks to address special interpretive issues raised by the China Accession Protocol, focusing on provisions that prescribe more stringent rules for China than generally applicable WTO disciplines. These ‘WTO-plus’ provisions have already been involved in several WTO disputes. In the light of these disputes, the paper analyzes the interpretive challenge presented by the Protocol and suggests that, to meet the challenge, WTO adjudicators need to embrace a more holistic and systemic interpretive approach. The paper then proposes three working principles that may help to interpret the WTO-plus provisions of the Protocol in a coherent and systematic manner.
Interstate Water Compacts And Climate Change Adaptation, Noah D. Hall
Interstate Water Compacts And Climate Change Adaptation, Noah D. Hall
Law Faculty Research Publications
Over 95% of the available surface freshwater resources in the United States are interstate in nature and governed by interstate water compacts. These interstate compacts vary tremendously in how they allocate and manage interstate waters. Until recently, the water resources governed by interstate compacts have been relatively stable and unaffected by drastic changes in long-term weather patterns. However, within the next few decades North America is expected to experience increased regional variability in precipitation and susceptibility to drought. This article first looks at these expected changes on a macro and regional level to evaluate the increased stress on water resources …
Against Certification, Justin R. Long
Against Certification, Justin R. Long
Law Faculty Research Publications
Certification is the process whereby federal courts, confronted by an open question of state law in federal litigation, ask the relevant state high court to decide the state law question. If the state high court chooses to answer, its statement of state law stands as the definitive declaration of the law on the disputed point. The case then returns to the certifying federal court, which resolves any remaining issues, including federal questions, and then issues a mandate. Although a wide range of academic commentators and jurists support certification as an example of respect for state autonomy, this Article shows that …
Straightening Up: Black Women Law Professors, Interracial Relationships And Academic Fit(Ting) In, Adele M. Morrison
Straightening Up: Black Women Law Professors, Interracial Relationships And Academic Fit(Ting) In, Adele M. Morrison
Law Faculty Research Publications
No abstract provided.
Unstacking The Deck - Contract Manipulation And Credit Card Accountability, Eric A. Zacks
Unstacking The Deck - Contract Manipulation And Credit Card Accountability, Eric A. Zacks
Law Faculty Research Publications
No abstract provided.
Religious Liberty After Gonzales: A Look At State Rfras, Christopher C. Lund
Religious Liberty After Gonzales: A Look At State Rfras, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
Exploring Free Exercise Doctrine: Equal Liberty And Religious Exemptions, Christopher C. Lund
Exploring Free Exercise Doctrine: Equal Liberty And Religious Exemptions, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
Citizens Disunited, Steven L. Winter
Citizens Disunited, Steven L. Winter
Law Faculty Research Publications
No abstract provided.