Law Commons^™

United States Implementation Of The International Criminal Court: Towards The Federalism Of Free Nations, Lauren F. Redman

Lauren F Redman

The political winds are changing, and a more liberal United States government may very well be receptive to ratification of the Rome Statute of the International Criminal Court. The nature and scope of international law are also changing. Individuals are sharing responsibility with states for grave breaches of international law, and globalization has resulted in a marked increase in international tribunals deciding disputes affecting individual interests. Despite these trends, Americans have been wary of the International Criminal Court (ICC).

Federal courts principles borrowed from the legal process school can and should be implemented to govern relations between ICC and domestic …

The Universal Declaration Of Human Rights At Sixty: Is It Still Right For The United States?, Tai-Heng Cheng

Tai-Heng Cheng

Many scholars and human rights advocates have hailed the Universal Declaration of Human Rights as a triumph for the human rights movement. The occasion of its sixtieth anniversary in 2008 provides pause to appraise if in fact it has been a success and whether it still is of any value to the United States. To conduct such an appraisal, this article reviewed the contemporaneous records of negotiations leading to the adoption of the Declaration by the UN General Assembly. It also reviewed the decisions of U.S. federal and state courts, the International Court of Justice, and Australian courts that have …

The Reagan Revolution In The Network Of Law, Frank B. Cross

Frank B Cross

This paper analyzes the effect of the Rehnquist Court on Supreme Court precedent, using a network of all Court citations to other Supreme Court cases. Network analysis enables a study of the Court’s use of precedent that may not be readily visible from case-by-case reviews. We find that the Rehnquist Court has made a dramatic alteration in the network of precedent and, in the process, set the stage for a potentially revolutionary change in the makeup of the law. This may be very much the effect contemplated by the Reagan Administration in its effort to remake the composition of the …

The Judicial Restraint Of The Warren Court (And Why It Matters), Rebecca E. Zietlow

Rebecca E Zietlow

Abstract: The Judicial Restraint of the Warren Court (and Why it Matters)

This article argues that the strongest contribution that the Warren Court made to expanding equality rights was not its judicial activism in protecting those rights, but its restraint in allowing Congress to protect those rights. This argument may seem counter-intuitive given that the Warren Court is practically synonymous with judicial activism. Indeed, the Warren Court’s activism in protecting individual rights provides the paradigm for those constitutional scholars who argue that an active judiciary is necessary for the adequate protection of those rights. However, this paradigm is relatively new. …

Writing, Cognition, And The Nature Of The Judicial Function, Chad Oldfather

Chad M Oldfather

Prior commentators, including many judges, have observed that writing provides an important discipline on the judicial decisionmaking process. Those commentators have uniformly assumed that the effect will always be positive – that is, that a decision rendered pursuant to a process that includes a written justification will always be better (however better is to be measured) than a decision unaccompanied by writing. According to this view, we should always, all things being equal, prefer a decision accompanied by an opinion to one without. All things are not equal, of course, and there are many situations in which the costs of …

Introduction To The 50th Anniversary Of "Twelve Angry Men" (Symposium Editor), Nancy S. Marder

Nancy S. Marder

No abstract provided.

Judicial Policy - Making And The Peculiar Function Of Law, Richard Kay

Richard Kay

While the nature of legal systems is a perpetually contested question, it is fairly uncontroversial that each must contain certain essential characteristics. First, each must suppose some picture of the appropriate way for human beings subject to it to live together in society. Second, to secure that proper arrangement, each must employ, to a greater or lesser degree, the device of general rules of conduct. Finally, in all but the simplest systems, the effectiveness of those rules must be guaranteed by some process of adjudication. The relationships among these three factors – social values, legal rules and judging – comprise …

If You (Re)Build It They Will Come: Contracts To Remake The Rules Of Litigation In Arbitration's Image, Henry S. Noyes

Henry S. Noyes

The Supreme Court describes the right to trial by jury in a civil action as a "basic and fundamental" right that is "sacred to the citizen" and therefore "should be jealously guarded by the court." But parties to a contract may agree that, in the event a dispute arises, they waive their right to a jury. If this dispute resolution right - which is fundamental, constitutional, and set forth in the Federal Rules of Civil Procedure - may be used as a bargaining chip, are there any limits on parties' ability to modify the rules of litigation in their ex …

Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger

Linda L. Berger

No abstract provided.

A Report On Chicago's Felony Courts: Executive Summary (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board), Daniel T. Coyne

Daniel T. Coyne

No abstract provided.

A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne

Daniel T. Coyne

No abstract provided.

Intereses En Las Obligaciones De Dinero. Un Ensayo Sobre Clases Jurídicas Y Criterios Instrumentales Para Abordar La Cuestión, Hugo A. Acciarri, Pamela Tolosa, Matias Irigoyen Testa

Hugo Alejandro Acciarri

Most legal literature on money interest assumes a set of distinctions in order to describe the problems included in that area and to propose preferable normative choices. Those distinctions, often implicitly, are deemed objective and natural rather than merely instrumental. Legal scholars are used to think, e. g, that certain interest rate must be considered excessive in relation to every case in which issues of certain kind of interests are involved, neglecting every discussion about the classification criteria employed to construct that reasoning. This works aims to discuss the so supposed objectivity and naturalness of the distinction between several classes …

Good Cause Is Bad Medicine For The New E-Discovery Rules, Henry S. Noyes

Henry S. Noyes

This Article takes a critical look at the e-discovery amendments to Rule 26(b)(2) that provide that electronically stored information that is “not reasonably accessible” shall be discoverable only if the requesting party can establish good cause. The intent of these amendments was to limit the cost and burden of discovery and to ensure that similarly situated litigants are treated similarly with respect to discovery of electronically stored information. I conclude that the e-discovery amendments to Rule 26(b)(2) will be ineffective because they increase judicial discretion—likely leading to disparate treatment of similarly situated litigants—while providing no new protection against the cost …