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Full-Text Articles in Law
The Constitutionally Inspired Approaches To Police Accountability For Violence Against Women In The U.S. And South Africa: Conservation Versus Transformation, Christopher J. Roederer
The Constitutionally Inspired Approaches To Police Accountability For Violence Against Women In The U.S. And South Africa: Conservation Versus Transformation, Christopher J. Roederer
ExpressO
In the summer of 2005, the United States Supreme Court in Castle Rock v. Gonzales and the South African Constitutional Court in N.K. v. Minister of Safety & Security overturned decisions from their appellate courts. N.K. drew on the Constitutional Court decision in Carmichele v. Minister of Safety & Security. All three were torts cases involving the duties of the police, their accountability to the public, and rights of women to be free from violence, and each depended on the respective court’s interpretation of its constitution for resolution. This article focuses on the comparison, or rather, the sharp contrast between, …
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt
ExpressO
In this essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the U.S. In particular, we focus on three European countries - the United Kingdom (U.K.), Germany, and France. We argue that differences in culture, the legal system and the academy have led to differing degrees of success of the law and economics movement in each country. We speculate that, although there is currently less interest in the economic analysis of the law in Europe than in the United States, European interest could dramatically increase if scholars adopt …
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
Globalization has changed the way global society addresses common and global problems. While there is much talk about aiming at sustainable development, there are no real clear definitions of sustainable development and the term remains susceptible to much misuse.
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
Bilateral investment treaties typically require the host state to ensure "fair and equitable" treatment to the investors of the other state.
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'
Report Regarding The Pacific Mcgeorge Workshop On Globalizing The Law School Curriculum, Thomas O. Main
Report Regarding The Pacific Mcgeorge Workshop On Globalizing The Law School Curriculum, Thomas O. Main
Scholarly Works
No abstract provided.
Fig Leaves, Fairytales, And Constitutional Foundations: Debating Judicial Review In Britain, Lori A. Ringhand
Fig Leaves, Fairytales, And Constitutional Foundations: Debating Judicial Review In Britain, Lori A. Ringhand
Scholarly Works
This paper examines an ongoing debate about the origins and legitimacy of judicial review as practiced in Britain. I begin by examining how British law traditionally has attempted to justify judicial review of governmental actions. I then discuss how that orthodox view has been challenged, and how the proponents of the orthodoxy responded to that challenge. In doing so, I explain how the British debate has evolved into a far-reaching examination of the role of interpretive methodologies in legitimating judicial power. I conclude by exploring how the richness and depth of the British discussion can inform the larger debate about …