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Articles 1 - 9 of 9
Full-Text Articles in Judges
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The Constitution is the supreme law of Singapore, but have the courts unnecessarily limited their role of upholding the Constitution? This article is based on a speech delivered at an event at the Conrad Centennial Singapore on 4 December 2014 entitled The Role of the Judiciary in the Promotion and Protection of Human Rights organized by the Delegation of the European Union to Singapore to commemorate Human Rights Day.
Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson
Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson
Georgia Journal of International & Comparative Law
No abstract provided.
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
Georgia Journal of International & Comparative Law
No abstract provided.
Combating Terrorism With The Alien Terrorist Removal Court, Jonathan Yu
Combating Terrorism With The Alien Terrorist Removal Court, Jonathan Yu
Jonathan Yu
No abstract provided.
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Casey J Cooper
The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not take into …
Behavioral International Law, Tomer Broude
Behavioral International Law, Tomer Broude
Tomer Broude
Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral …
The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop
The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop
LLM Theses
This thesis explores the concept of judicial cosmopolitanism and its prevalence in enemy combatant case law. The author draws upon the theoretical and philosophical underpinnings of cosmopolitanism and cosmopolitan law to describe judicial cosmopolitanism as form of legal discourse through which judges show a willingness to extend constitutional protections based on a contemporary, functional understanding of sovereign jurisdiction. The purpose of this work is to address the correlation between enemy combatant jurisprudence and the aforementioned understanding of judicial cosmopolitanism. It is argued that a march of judicial cosmopolitanism developed early in enemy combatant cases, and that it came to a …
The Judge And The Drone, Justin Desautels-Stein
The Judge And The Drone, Justin Desautels-Stein
Publications
Among the most characteristic issues in modern jurisprudence is the distinction between adjudication and legislation. In the some accounts, a judge's role in deciding a particular controversy is highly constrained and limited to the application of preexisting law. Whereas legislation is inescapably political, adjudication requires at least some form of impersonal neutrality. In various ways over the past century, theorists have pressed this conventional account, complicating the conceptual underpinnings of the distinction between law-application and lawmaking. This Article contributes to this literature on the nature of adjudication through the resuscitation of a structuralist mode of legal interpretation. In the structuralist …