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Full-Text Articles in Law

Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola Jul 2008

Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola

Law and Contemporary Problems

The US Court for China was created by Congress in 1906, and it was not abolished until 1943. The Shanghai-based court had extraterritorial jurisdiction over all American citizens within its district, known as the District of China for jurisdictional purposes. The court is fascinating in its own right, and it produced what one observer has described as a system of jurisdiction that was more complete than that of any body extraterritorial law. Here, Ruskola elaborates the court's jurisprudence. He focuses on some of the conflicts-of-law problems the court had to face. Also, he describes the law applied by the ...


Online Access To Court Records - From Documents To Data, Particulars To Patterns, Peter W. Martin Jan 2008

Online Access To Court Records - From Documents To Data, Particulars To Patterns, Peter W. Martin

Villanova Law Review

No abstract provided.


The Multiplication Of International Jurisdictions And The Integrity Of International Law, Luis Barrionuevo Arevalo Jan 2008

The Multiplication Of International Jurisdictions And The Integrity Of International Law, Luis Barrionuevo Arevalo

ILSA Journal of International & Comparative Law

While the multiplication of international courts shows the vitality and versatility of international law, it can also create serious problems for its unity and coherence and ultimately lead to its fragmentation.


Delegating To International Courts: Self-Binding Vs. Other-Binding Delegation, Karen J. Alter Jan 2008

Delegating To International Courts: Self-Binding Vs. Other-Binding Delegation, Karen J. Alter

Law and Contemporary Problems

Alter highlights the diverse nature of international delegations to courts. She argues that the roles and tasks delegated to international courts increasingly mimic in form and content the broad variety of tasks delegated to courts in liberal democracies, but that delegating these tasks to international courts is fundamentally different than delegating them to domestic courts because of the implications for national sovereignty. Whereas international courts were initially established to be dispute-resolution bodies, they now also perform administrative review, enforcement, and even constitutional review. Alter explains how each of these judicial roles binds other actors, binds states, or both.


Does Medellin Matter?, Janet Koven Levit Jan 2008

Does Medellin Matter?, Janet Koven Levit

Fordham Law Review

No abstract provided.