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Full-Text Articles in Law
Parity As Comparative Capacity: A New Empirics Of The Parity Debate, Meredith R. Aska Mcbride
Parity As Comparative Capacity: A New Empirics Of The Parity Debate, Meredith R. Aska Mcbride
University of Cincinnati Law Review
In 1977, Burt Neuborne published an article in the Harvard Law Review proclaiming that parity was a “myth”—that state courts could not be trusted to enforce federal constitutional rights. For the next 15 years, the question of parity (the equivalence of state and federal courts in adjudicating federal causes of action) was at the forefront of federal courts scholarship. But in the early 1990s, the parity debate ground to a halt after important commentators proclaimed it an empirical question that, paradoxically, could not be answered by any existing empirical methods. This article argues that proposition was unfounded at the time …
Competition And Control In International Adjudication, Jacob Katz Cogan
Competition And Control In International Adjudication, Jacob Katz Cogan
Faculty Articles and Other Publications
States are increasingly delegating or transferring powers to international organizations, and international organizations are increasingly pushing the limits of the powers conferred upon them. This expansion of powers embraces all areas of international authority-particularly lawmaking and adjudication. Recognizing that international organizations have gained this greater role, scholars have begun to think more deeply about the legitimacy, accountability, and good governance of international organizations, and States (as well as non-State entities, such as the European Union and nongovernmental organizations), knowing what is at stake, have become more forthright in seeking a seat at the table.
Part I of this paper explains …