Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

The War Powers Outside The Courts, William Michael Treanor Oct 2006

The War Powers Outside The Courts, William Michael Treanor

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Courts Have The Final Say: Does The Doctrine Of Manifest Disregard Promote Lawful Arbitral Awards Or Disguise Unlawful Judicial Review, Lindsay Biesterfeld Jul 2006

Courts Have The Final Say: Does The Doctrine Of Manifest Disregard Promote Lawful Arbitral Awards Or Disguise Unlawful Judicial Review, Lindsay Biesterfeld

Journal of Dispute Resolution

In exchange for a speedy, economical dispute resolution process, parties that submit to binding arbitration assume the risk that an arbitrator might misapply the law. United States Supreme Court precedent and federal law favor agreements to arbitrate by limiting judicial review of arbitral awards and requiring courts to "rigorously enforce arbitration agreements." These judicial constraints support the arbitral goals of efficiency and finality by reducing the risk that arbitral awards will be vacated on appeal. To balance the risk that arbitrators may abuse this standard of review, courts have supplemented restricted judicial review with a doctrine that allows an arbitral ...


Public Health Versus Court-Sponsored Secrecy, Daniel J. Givelber, Anthony Robbins Jul 2006

Public Health Versus Court-Sponsored Secrecy, Daniel J. Givelber, Anthony Robbins

Law and Contemporary Problems

Public health practice relies on access to information. Givelber and Robbins discuss the debate about "court-sponsored" secrecy: Whether or not courts should tolerate, edorse, or protect secrecy when the sequestered information might help protect the public health.


The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum May 2006

The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum

San Diego International Law Journal

This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an ...


Whose Finding Is It Anyway: The Division Of Labor Between Courts And Arbitrators With Respect To Waiver, David Lefevre Jan 2006

Whose Finding Is It Anyway: The Division Of Labor Between Courts And Arbitrators With Respect To Waiver, David Lefevre

Journal of Dispute Resolution

Given the emphasis with which the Supreme Court has made clear its policy favoring arbitration, it is not surprising that some courts may have reacted by divesting themselves of a "gateway issue" long decided by courts. Traditionally, courts have determined whether a party has acted inconsistently with its right to arbitration, thereby waiving it, but a few courts found that the question is properly before an arbitrator. Recently, the First Circuit Court of Appeals in Marie v. Allied Home Mortgage Corporation2 established a framework through which the federal circuits may begin to close the potential split of authority regarding waiver ...


Non-Governmental Organizations And The International Criminal Court: Changing Landscapes Of International Law, Zoe Pearson Jan 2006

Non-Governmental Organizations And The International Criminal Court: Changing Landscapes Of International Law, Zoe Pearson

Cornell International Law Journal

An exploration of claims that non-governmental organizations (NGOs) influence the formation of international law focuses on NGO participation in the multilateral negotiations to form the International Criminal Court. It is shown that, although NGO's can contribute to international lawmaking processes, their participation remains ad hoc, contingent, & characterized by conflicting viewpoints. However, existing international lawmaking is attempting to accommodate the diversity of global civil society actors even though deeply entrenched traditional constructions of international law tend to limit their involvement. Adapted from the source document.


Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein Jan 2006

Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein

University of San Francisco Law Review

This Articles describes how attorneys bringing FRD claims face a threshold conceptual issue:How should plaintiffs frame FRD cases under existing discrimination law when neither "mother" nor "parent" is a protected classification? The solve this threshold issue, this Article suggests that FRD cases need not be shoehorned into protections for pregnancy nor require individual accommodations to be litigable. FRD cases can be litigated as straightforward gender discrimination cases under Title VII or under a variety of existing laws.


International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq. Jan 2006

International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq.

ILSA Journal of International & Comparative Law

I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.


Living On The Past: The Role Of Truth Commissions In Post-Conflict Societies And The Case Study Of Northern Ireland, Christopher K. Connolly Jan 2006

Living On The Past: The Role Of Truth Commissions In Post-Conflict Societies And The Case Study Of Northern Ireland, Christopher K. Connolly

Cornell International Law Journal

Examines the possibility of applying the truth commission model in Northern Ireland where the past plays a significant role in shaping daily lives & worldviews. A review of the theory & practice of truth commissions is followed by a description of Northern Ireland's long & complex conflicts that point to the need for some form of truth-seeking. Attention is given to the difficulties such a process would face. Three recent truth-seeking initiatives are critiqued: the Northern Ireland Victims' Commissioner; the Bloody Sunday Inquiry; & a series of decisions by the European Court of Human Rights. A framework is presented for the basic shape of a future truth commission in Northern Ireland in light of its particular historical & political situation. Limitations & benefits of the truth commission model are pointed out for both its implementation in Northern Ireland & other post-conflict societies. It is concluded that a truth commission in Northern Ireland offers hope of allowing the past to help ...


Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, Ronda Cress, J. Neil Grindstaff, S. Elizabeth Malloy Jan 2006

Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, Ronda Cress, J. Neil Grindstaff, S. Elizabeth Malloy

Saint Louis University Public Law Review

No abstract provided.


Building Law, Not Libraries: The Value Of Unpublished Opinions And Their Effects On Precedent, Anika C. Stucky Jan 2006

Building Law, Not Libraries: The Value Of Unpublished Opinions And Their Effects On Precedent, Anika C. Stucky

Oklahoma Law Review

No abstract provided.