Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Jurisdiction (2)
- ADR Scholarship (1)
- Adjudicate (1)
- Adjudicative (1)
- Alien tort (1)
-
- Arbitration (1)
- Arbitration clauses (1)
- Article III (1)
- CIL (1)
- Caseload (1)
- Civil procedure (1)
- Claimant (1)
- Class actions (1)
- Common law (1)
- Constitutions (1)
- Criminal law (1)
- Criminality (1)
- Customary international law (1)
- Disclosure (1)
- Discovery (1)
- Disfavored (1)
- Disputant (1)
- Dispute resolution (1)
- English common law (1)
- Expert witness (1)
- Federal courts (1)
- Federal jurisdiction (1)
- Filartiga (1)
- International Law and International Relations (1)
- International law (1)
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Judges
La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley
La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley
Scholarly Works
A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …
Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel
Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel
Scholarly Works
Many scholars of the dispute resolution system perceive a sea change in attitudes toward adjudication that took place in the mid-1970s. Among the events of the time included the Pound Conference, which put the Chief Justice of the United States and the national judicial establishment on record in favor of at least some refinement, if not restriction, on access to courts. In addition, Chief Justice Burger, the driving force behind the Pound Conference, also used his bully pulpit as Chief Justice of the Supreme Court to promote ADR, particularly court-annexed arbitration. The availability of judicial adjuncts such as court-annexed arbitration …
Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan
Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan
Donald J. Kochan
Jurisdiction matters. Outside of the set of jurisdictional constraints, the judiciary is at sea; it poses a threat to the separation of powers and risks becoming a dangerous and domineering branch. Jurisdictional limitations serve a particularly important function when the judiciary is dealing with issues of international law. Since much of international law concerns foreign relations, the province of the executive and, in part, the legislature, the danger that the judiciary will act in a policy-making role or will frustrate the functions of the political branches is especially great. The Framers of the Constitution were particularly concerned with constructing a …