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Jurisprudence Commons

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Articles 1 - 29 of 29

Full-Text Articles in Jurisprudence

Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens Nov 2016

Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens

Georgia Journal of International & Comparative Law

No abstract provided.


Jus Cogens In International Law, With A Projected List, Marjorie M. Whiteman Nov 2016

Jus Cogens In International Law, With A Projected List, Marjorie M. Whiteman

Georgia Journal of International & Comparative Law

No abstract provided.


The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr. Nov 2016

The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


New Judicial Review In Old Europe, Alyssa S. King Sep 2016

New Judicial Review In Old Europe, Alyssa S. King

Georgia Journal of International & Comparative Law

No abstract provided.


From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy, Carolina Kripinski Aug 2016

From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy, Carolina Kripinski

Barry Law Review

No abstract provided.


Equity In International Law: Its Growth And Development, S. K. Chattopadhyay Jul 2016

Equity In International Law: Its Growth And Development, S. K. Chattopadhyay

Georgia Journal of International & Comparative Law

No abstract provided.


The Device Of Fiction In Public International Law, Jean J. A. Salmon Jun 2016

The Device Of Fiction In Public International Law, Jean J. A. Salmon

Georgia Journal of International & Comparative Law

No abstract provided.


The “Changed Circumstances” Clause After The United Nations Conference On The Law Of Treaties (1968-69), Heribert F. Koeck Jun 2016

The “Changed Circumstances” Clause After The United Nations Conference On The Law Of Treaties (1968-69), Heribert F. Koeck

Georgia Journal of International & Comparative Law

No abstract provided.


Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas Jun 2016

Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas

Genocide Studies and Prevention: An International Journal

The provisions on genocide protect four exclusive, amongst others the racial, groups. Yet, international criminal tribunals are manifestly uncomfortable with collective groupings and interpret ‘race’ rather inconsistently. Nevertheless, there is a tendency to a subjective approach based upon the perpetrator’s perception of the targeted group. The victim’s membership is accordingly not determined objectively, but by the perception of differentness. This article incorporates the theory of imagined identities into law, thereby providing tribunals with a tool to define ‘race’. Its essence is that even if the group does not exist, it must be granted protection because of its perceived and thereby …


The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris May 2016

The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn May 2016

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 May 2016

Some Structural Dilemmas Of World Organization, C. Wilfred Jenks

Georgia Journal of International & Comparative Law

No abstract provided.


Examining Universal Jurisdiction, Sondra Anton May 2016

Examining Universal Jurisdiction, Sondra Anton

Washington University Undergraduate Law Review

This article considers the heightened debate over the role of universal jurisdiction within international law, and concludes it should not be judged based on the appropriateness or foundation set by remote precedents. Given the clear disregard for physical integrity rights repeatedly demonstrated by even the most “democratic” of modern governments, it is more pressing than ever to develop universal jurisdiction and ensure the norm’s institutionalization in practice.


The Teaching Of International Law, Myres S. Mcdougal Apr 2016

The Teaching Of International Law, Myres S. Mcdougal

Georgia Journal of International & Comparative Law

No abstract provided.


The Teaching Of International Law, Edward Mcwhinney Apr 2016

The Teaching Of International Law, Edward Mcwhinney

Georgia Journal of International & Comparative Law

No abstract provided.


The Teaching Of International Law, Ian Brownlie Apr 2016

The Teaching Of International Law, Ian Brownlie

Georgia Journal of International & Comparative Law

No abstract provided.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber Apr 2016

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber

Georgia Journal of International & Comparative Law

No abstract provided.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings Apr 2016

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Richard A. Falk Apr 2016

The Place Of Policy In International Law, Richard A. Falk

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, D. H. N. Johnson Apr 2016

The Place Of Policy In International Law, D. H. N. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Oscar Schachter Apr 2016

The Place Of Policy In International Law, Oscar Schachter

Georgia Journal of International & Comparative Law

No abstract provided.


Introductory Statement, Rosalyn Higgins Apr 2016

Introductory Statement, Rosalyn Higgins

Georgia Journal of International & Comparative Law

No abstract provided.


The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald Apr 2016

The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald

Georgia Journal of International & Comparative Law

No abstract provided.


The New Swiss Uniform Arbitration Act And International Commercial Arbitration, Claude Reymond Apr 2016

The New Swiss Uniform Arbitration Act And International Commercial Arbitration, Claude Reymond

Georgia Journal of International & Comparative Law

No abstract provided.


The Impact Of The United Nations On National Abortion Laws, Kelsey Zorzi Mar 2016

The Impact Of The United Nations On National Abortion Laws, Kelsey Zorzi

Catholic University Law Review

Reviewing UN initiatives in concert with changes in State abortion laws, this Essay argues that through consensus resolutions that emerge from UN conferences, the recommendations of the Treaty Monitoring Bodies, and the Human Rights Council’s Universal Periodic Review, the UN has influenced State to adopt permissive domestic abortion laws. The essay discusses and provides examples of how the UN does this. The Essay also discusses the impact of pro-abortion interpretations of international treaties and the actions taken by signatory nations to require legalized abortions in their wake.


The Recognition Act, Anti-Suit Injunctions, The Dja, And Much More Fun: The Story Of The Chevron-Ecuador Litigation And The Resulting Problems Of Aggressive Multinational Enforcement Proceedings, Emily Seiderman Mar 2016

The Recognition Act, Anti-Suit Injunctions, The Dja, And Much More Fun: The Story Of The Chevron-Ecuador Litigation And The Resulting Problems Of Aggressive Multinational Enforcement Proceedings, Emily Seiderman

Fordham Urban Law Journal

No abstract provided.


Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook Mar 2016

Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook

Fordham Urban Law Journal

No abstract provided.


Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee Jan 2016

Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee

Brooklyn Journal of Corporate, Financial & Commercial Law

In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …


Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli Jan 2016

Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli

Brooklyn Journal of Corporate, Financial & Commercial Law

Risks associated with incentive misalignment are liable to seriously jeopardize the effectiveness of bank resolution, when not properly contained. This Article considers the management of misaligned incentives between regulators that are found in a vertical relationship of public governance. Using the EU legal framework of bank resolution as its case study, this Article explores the effectiveness of the quasi-enforcement powers of the Single Resolution Board (SRB) and, where relevant, of the European Banking Authority (EBA) as an incentive realignment legal technique. Two principal difficulties are identified: on the one hand, the problematic interinstitutional dynamic of the SRB and the EBA …