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Articles 1 - 11 of 11
Full-Text Articles in Jurisprudence
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
François Tanguay-Renaud
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng
Michael P. Seng
No abstract provided.
The International Criminal Court And Proximity To The Scene Of The Crime: Does The Rome Statute Permit All Of The Icc's Trials To Take Place At Local Or Regional Chambers?, 43 J. Marshall L. Rev. 715 (2010), Stuart K. Ford
Stuart Ford
No abstract provided.
A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor
Jarrod Tudor
Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …
Ockupationsrätten Och Jag, Matilda Arvidsson
Ockupationsrätten Och Jag, Matilda Arvidsson
Dr Matilda Arvidsson
Focusing on the two questions: 'what can I do?' and 'for what am I responsible?', this paper comments on the possibility of living a life with law - in particular international law of belligerent occupation - pursued as an ethical life.
Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas
Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas
Chantal Thomas
No abstract provided.
Causes Of Inequality In The International Economic Order: Critical Race Theory And Postcolonial Development, Chantal Thomas
Causes Of Inequality In The International Economic Order: Critical Race Theory And Postcolonial Development, Chantal Thomas
Chantal Thomas
No abstract provided.
Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas
Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas
Chantal Thomas
No abstract provided.
The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska
The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska
Dr Marija Dordeska
Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo
Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo
Markus Gunneflo
Patentable Subject Matter As A Policy Lever, Amy L. Landers
Patentable Subject Matter As A Policy Lever, Amy L. Landers
Amy L. Landers
Patents are intended to be used as instruments to further policy. One potent policy driver to accomplish such goals is through the legal construction and application of the term “invention." Internationally, various legal authorities have recognized that this definition can be crafted in ways that are targeted to have real-world consequences. In the U.S., the open-ended framework of the Patent Act's section 101 invites judicial interpretation to effectuate the law's purposes. Ideally, these determinations should rest on articulated, transparent reasoning so that, under a common law system, those policies can serve as touchstones to ensure that the relevant precedents are …