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Articles 1 - 9 of 9
Full-Text Articles in Law
The United States And The Need For An Improved Global Citizenship In The Twenty-First Century: How History Shaped Our Identity As A Nation, Karin Mika
Cleveland State Law Review
This Article describes how accidents of geography and history enabled the United States to become the global power that it has become. It examines how the extended warring in Europe during the Eighteenth and Nineteenth century allowed the United States to develop as a country without the repeated necessity of continually rebuilding, as was happening in Europe. The Article explores how the isolation of the United States enabled it to develop continuity in its initially experimental political system—a continuity that was never available to Europe. These factors enabled the United States to be in the position of being able to …
A Constitutional Theory Of Territoriality: The Case Of Puerto Rico, Joel Colón-Ríos, Yaniv Roznai
A Constitutional Theory Of Territoriality: The Case Of Puerto Rico, Joel Colón-Ríos, Yaniv Roznai
Cleveland State Law Review
This Article offers an analysis of the relationship between Puerto Rico and the United States that, unlike most of the existing literature, goes beyond discussions of the jurisprudence of U.S. courts and avoids providing merely descriptive or justificatory accounts. Using the tools of constitutional theory, we seek to describe the nature of what we call the “basic structure of territoriality,” the way that structure reproduces itself, and the possibility of its replacement. The basic structure of territoriality, we argue, is comprised by ten fundamental legal rules and five principles. Although those principles are not legally enforceable, they inform in important …
Agribusiness And Antitrust: The Bayer-Monsanto Merger, Its Legality, And Its Effect On The United States And European Union, Aleah Douglas
Agribusiness And Antitrust: The Bayer-Monsanto Merger, Its Legality, And Its Effect On The United States And European Union, Aleah Douglas
Global Business Law Review
This note examines the current and historical antitrust laws of the United States and the European Union as they relate to the currently pending merger between Bayer and Monsanto. It focuses alternatively on the legality of the merger under modern antitrust laws and the impact such a deal could have on the agribusiness industry in both Europe and the United States. Ultimately, the note argues that the Bayer-Monsanto merger is illegal and should be blocked by the proper authorities in the United States and the European Union.
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
The Downtown Review
Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …
The Fundamentalist Face Of Secularism And Its Impact On Women's Rights In India, Joseph C. Hostetler-Baker & Hostetler Lecture, Ratna Kapur
Cleveland State Law Review
I am going to talk about three things today: The first is to give you a very brief account of the competing understandings of secularism that have emerged in India. I look at the model of secularism that is being promoted by the Hindu Right and the validation this has received from the electorate, but more importantly, the Supreme Court. Secondly, I will address why the wall of separation does not provide a way out of the crisis of secularism in India and how it has not solved the problem of majoritarianism even in the American context. And finally, how …
The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko
The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko
Cleveland State Law Review
Perhaps no legal principle illustrates the use of Fourteenth Amendment equal protection jurisprudence more poignantly than the relatively obscure cy pres doctrine. The ancient doctrine which allowed both courts and the Crown in England to change trust purposes when the original trust purposes proved no longer viable was adopted belatedly, sporadically and partially by jurisdictions in the United States. In Part I, the author illustrates how the United States jurisdictions differ from England in the requirement for charitable intent. Earlier cases reveal the United States, unlike England, has resisted relaxation of the requirement. In Part II, the author uses the …
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Cleveland State Law Review
This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Cleveland State Law Review
This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …
Forcing Sovereign Conformity: The Comprehensive Anti-Apartheid Act Of 1986, Joseph L. Miljak
Forcing Sovereign Conformity: The Comprehensive Anti-Apartheid Act Of 1986, Joseph L. Miljak
Cleveland State Law Review
One focus of this Note is to analyze the international repercussions of the Anti-Apartheid Act within the context of United States foreign policy, the sovereignty rights of South Africa, the jurisdiction of United States courts to pass on violations of the Act, and United Nations provisions governing interference with the economy of a foreign government. However, before any discussion of the international legality of this Act can take place, its domestic legality must be determined. Therefore, before looking to international justifications for the Act, this Note will analyze it within the context of United States constitutional law. This analysis will …