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Articles 1 - 30 of 67
Full-Text Articles in Constitutional Law
The Problem Of Extravagant Inferences, Cass Sunstein
The Problem Of Extravagant Inferences, Cass Sunstein
Georgia Law Review
Judges and lawyers sometimes act as if a constitutional or statutory term must, as a matter of semantics, be understood to have a particular meaning, when it could easily be understood to have another meaning, or several other meanings. When judges and lawyers act as if a legal term has a unique semantic meaning, even though it does not, they should be seen to be drawing extravagant inferences. Some constitutional provisions are treated this way; consider the idea that the vesting of executive power in a President of the United States necessarily includes the power to remove, at will, a …
Constitutionalism In The Land Of The Peaceful Thunder Dragon: The Kingdom Of Bhutan's Marbury Moment, Markus G. Puder, Ngawang Choden
Constitutionalism In The Land Of The Peaceful Thunder Dragon: The Kingdom Of Bhutan's Marbury Moment, Markus G. Puder, Ngawang Choden
Georgia Journal of International & Comparative Law
No abstract provided.
Fundamental Rights Or Hand-Me-Down Restrictions: The Specter Of Sumptuary Law In Clothing Expression Doctrines Of The U.K., The U.S., & Canada, Taran Harmon-Walker
Fundamental Rights Or Hand-Me-Down Restrictions: The Specter Of Sumptuary Law In Clothing Expression Doctrines Of The U.K., The U.S., & Canada, Taran Harmon-Walker
Georgia Journal of International & Comparative Law
No abstract provided.
Bird's-Eye View: A Comparative Examination Of Drone Regulation Through The Lens Of Privacy Protection, Allison Mcgregor
Bird's-Eye View: A Comparative Examination Of Drone Regulation Through The Lens Of Privacy Protection, Allison Mcgregor
Georgia Journal of International & Comparative Law
No abstract provided.
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh Spitzer, Andy Omara
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh Spitzer, Andy Omara
Georgia Journal of International & Comparative Law
It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provisions than positive social and economic rights. This article focuses on the challenges of enforcing one specific positive right: the constitutional right of children to attend adequately funded schools. Our article tests on-the-ground judicial implementation of education funding provisions against the general theoretical framework of judicial interaction with the political branches developed by Katharine Young. We analyze how, in multi-year, multi-decision litigation, constitutional court judges in the three jurisdictions we studied actively experimented with the challenging task of forcing, or enticing, reluctant legislative and executive branches …
Speak Up, Or Not: Lack Of Freedom Of Speech Protection In Vietnam, Its Global Impact, And Proposed Solutions For Adequate Remedies, H. Grant Doan
Speak Up, Or Not: Lack Of Freedom Of Speech Protection In Vietnam, Its Global Impact, And Proposed Solutions For Adequate Remedies, H. Grant Doan
Georgia Journal of International & Comparative Law
No abstract provided.
You Made Gideon A Promise, Eh?: Advocating For Mandated Publicly Appointed Counsel At Bail Hearings In The United States Through Domestic Comparisons With Canadian Practices And Legal Considerations, Lauren Elizabeth Lisauskas
You Made Gideon A Promise, Eh?: Advocating For Mandated Publicly Appointed Counsel At Bail Hearings In The United States Through Domestic Comparisons With Canadian Practices And Legal Considerations, Lauren Elizabeth Lisauskas
Georgia Journal of International & Comparative Law
No abstract provided.
The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian
Georgia Journal of International & Comparative Law
No abstract provided.
Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo
Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo
Georgia Journal of International & Comparative Law
No abstract provided.
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Georgia Journal of International & Comparative Law
No abstract provided.
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Georgia Journal of International & Comparative Law
No abstract provided.
The Teaching Of International Law, Myres S. Mcdougal
The Teaching Of International Law, Myres S. Mcdougal
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Policy And The Government Legal Adviser, Henry Darwin
Foreign Policy And The Government Legal Adviser, Henry Darwin
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Elihu Lauterpacht
The Place Of Policy In International Law, Elihu Lauterpacht
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Oscar Schachter
The Place Of Policy In International Law, Oscar Schachter
Georgia Journal of International & Comparative Law
No abstract provided.
Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte
Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte
Georgia Journal of International & Comparative Law
No abstract provided.
Declarations Of Unconstitutionality In India And The U.K.: Comparing The Space For Political Response, Chintan Chandrachud
Declarations Of Unconstitutionality In India And The U.K.: Comparing The Space For Political Response, Chintan Chandrachud
Georgia Journal of International & Comparative Law
No abstract provided.
Arms Control: Salt Ii- Executive Agreement Or Treaty?, Keith E. Fryer, J. Michael Levengood
Arms Control: Salt Ii- Executive Agreement Or Treaty?, Keith E. Fryer, J. Michael Levengood
Georgia Journal of International & Comparative Law
No abstract provided.
The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe
The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe
Georgia Journal of International & Comparative Law
No abstract provided.
Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans
Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans
Georgia Journal of International & Comparative Law
No abstract provided.
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa
Georgia Journal of International & Comparative Law
No abstract provided.
United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn
United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski
Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski
Georgia Journal of International & Comparative Law
No abstract provided.
Yugoslavian Constitutional Questions: Self-Determination And Secession Of Member Republics, Ben Bagwell
Yugoslavian Constitutional Questions: Self-Determination And Secession Of Member Republics, Ben Bagwell
Georgia Journal of International & Comparative Law
No abstract provided.