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Articles 31 - 60 of 71
Full-Text Articles in Legal History
The Character Of Legal Reasoning, Brett G. Scharffs
The Character Of Legal Reasoning, Brett G. Scharffs
Washington and Lee Law Review
No abstract provided.
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Michigan Law Review
Conflict abroad almost always enhances executive power at home. This expectation has held true at least since the constitutions of antiquity. It holds no less true for modern constitutions, including the Constitution of the United States. Constitutional arguments for executive power likewise escalate with increased perceptions of foreign threat. It is therefore hardly surprising that broad assertions of presidential power have become commonplace after the events of September 11, 2001, and the ensuing war on international terrorism. One perennial weapon in the executive arsenal is the so-called "Vesting Clause" of Article II of the Constitution. This clause, which provides that …
Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott
Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott
Michigan Journal of International Law
Not so long ago, in 1998, the world acknowledged both the fiftieth anniversary of the Universal Declaration of Human Rights and the 350th anniversary of the Peace of Westphalia. The Universal Declaration was celebrated in the popular press, by thousands of activists, and at well attended open forums at schools and universities. Westphalia was noted almost exclusively at academic conferences. But public obscurity is an undeserved fate for Westphalia, for its legacy in organizing our political world vies with that of the American and French revolutions. What Westphalia inaugurated was a system of sovereign states where a single authority resided …
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And The Mismeasure Of Homosexual Historiography, Jody Madeira
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And The Mismeasure Of Homosexual Historiography, Jody Madeira
Richmond Public Interest Law Review
This paper acknowledges that "[i]t is now commonplace to disparage the Hardwick Justices' performance as historians, though it is less common to specify what was wrong with it''. In an effort to engage in such specification, this paper will first address mischaracterization of history in Bowers, which portrays the historic legal and ecclesiastical penalties of what the Court labels as "homosexual activities" as a continuous, unitary narrative extending from the halls of the Emperors Theodosius and Justinian to the legislative assembly rooms of Georgia and Texas. This illusory perspective portrays the criminalization of sodomy (and therefore the identity of homosexuality …
Editor's Note, Melanie Nakagawa, Kirk Herbertson
Editor's Note, Melanie Nakagawa, Kirk Herbertson
Sustainable Development Law & Policy
No abstract provided.
Individual Aboriginal Rights, John W. Ragsdale Jr.
Individual Aboriginal Rights, John W. Ragsdale Jr.
Michigan Journal of Race and Law
This Article will, in Section I, deal with the legal development of the concept of individual aboriginal rights. It will focus on the Western Shoshone land claims before the Indian Claims Commission, and the federal government's trespass claims against the ranching operations of the redoubtable, irrepressible Dann sisters. Section II will explore the development and utilization of the doctrine of individual aboriginal rights in a series of cases involving the Dann sisters, subsequent Western Shoshone, and other efforts by native people to secure subsistence hunting and fishing rights and possession of or access to sacred sites. Section III will explore …
Volume 4 Issue 2, Sustainable Development Law & Policy
Volume 4 Issue 2, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
Facilitating Prior Informed Consent Context Of Genetic Resources And Traditional Knowledge, Anne Perrault
Facilitating Prior Informed Consent Context Of Genetic Resources And Traditional Knowledge, Anne Perrault
Sustainable Development Law & Policy
This paper traces the evolution of free prior informed consent (“FPIC”) and describes the importance of FPIC to achieving the objectives of the Convention on Biological Diversity (“CBD”). It briefly highlights elements of current approaches to obtaining FPIC from national governments and local communities, identifies limitations to obtaining FPIC, and provides examples of how the Bonn Guidelines do and do not respond to these limitations. The paper does not provide a detailed analysis of all issues related to implementation of FPIC, but rather highlights issues that will, hopefully, promote constructive discussions to advance progress on the implementation of FPIC.
Prior Informed Consent In The Convention On Biological Diversity-Bonn Guidelines: National Implementation In Colombia, Adriana Casas
Prior Informed Consent In The Convention On Biological Diversity-Bonn Guidelines: National Implementation In Colombia, Adriana Casas
Sustainable Development Law & Policy
No abstract provided.
National Implementation Of The International Prior Informed Consent Procedures Concerning Hazardous Chemicals And Wastes, Masa Nagai
Sustainable Development Law & Policy
No abstract provided.
Perceived Challenges To Recognition On Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank, Anne Deruyttere
Sustainable Development Law & Policy
No abstract provided.
Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay
Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay
Sustainable Development Law & Policy
No abstract provided.
Free, Prior And Informed Consent And The World Bank Group, Robert Goodland
Free, Prior And Informed Consent And The World Bank Group, Robert Goodland
Sustainable Development Law & Policy
No abstract provided.
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And Themismeasure Of Homosexual Historiography, Jody Madeira
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And Themismeasure Of Homosexual Historiography, Jody Madeira
Richmond Journal of Law and the Public Interest
This paper acknowledges that "[i]t is now commonplace to disparage the Hardwick Justices' performance as historians, though it is less common to specify what was wrong with it''. In an effort to engage in such specification, this paper will first address mischaracterization of history in Bowers, which portrays the historic legal and ecclesiastical penalties of what the Court labels as "homosexual activities" as a continuous, unitary narrative extending from the halls of the Emperors Theodosius and Justinian to the legislative assembly rooms of Georgia and Texas. This illusory perspective portrays the criminalization of sodomy (and therefore the identity of homosexuality …
Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill
Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill
UIC Law Review
No abstract provided.
Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond
Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond
UIC Law Review
No abstract provided.
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
UIC Law Review
No abstract provided.
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
UIC Law Review
No abstract provided.
Ethnic Groups And International Law: A Status Report On International Legal Personality At The Beginning Of The New Century, Steven M. Schneebaum
Ethnic Groups And International Law: A Status Report On International Legal Personality At The Beginning Of The New Century, Steven M. Schneebaum
Human Rights & Human Welfare
A review of:
International Law and Ethnic Conflict edited by David Wippman. Ithaca, NY: Cornell University Press, 1998. 368pp.
Traditional Hindu Law In The Guise Of 'Postmodernism:' A Review Article, Donald R. Davis Jr.
Traditional Hindu Law In The Guise Of 'Postmodernism:' A Review Article, Donald R. Davis Jr.
Michigan Journal of International Law
Review of Hindu Law: Beyond Tradition and Modernity by Werner F. Menski
Sizing Up A Multi-Party Tortfeasor Suit In Arkansas: A Tale Of Two Laws—How Fault Is, And Should Be, Distributed, Joseph R. Falasco
Sizing Up A Multi-Party Tortfeasor Suit In Arkansas: A Tale Of Two Laws—How Fault Is, And Should Be, Distributed, Joseph R. Falasco
University of Arkansas at Little Rock Law Review
No abstract provided.
Marbury's Legacy Of Judicial Review After Two Centuries, Harry F. Tepker
Marbury's Legacy Of Judicial Review After Two Centuries, Harry F. Tepker
Oklahoma Law Review
No abstract provided.
Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon
Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon
Animal Law Review
The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions.
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
UIC Law Review
No abstract provided.
The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson
The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson
UIC Law Review
No abstract provided.
The Pace And Cause Of Change, 37 J. Marshall L. Rev. 357 (2004), Larry D. Kramer
The Pace And Cause Of Change, 37 J. Marshall L. Rev. 357 (2004), Larry D. Kramer
UIC Law Review
No abstract provided.
The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken
The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken
UIC Law Review
No abstract provided.
The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman
The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman
UIC Law Review
No abstract provided.
Remembering Pine Gate, 38 J. Marshall L. Rev. 5 (2004), Douglas G. Baird
Remembering Pine Gate, 38 J. Marshall L. Rev. 5 (2004), Douglas G. Baird
UIC Law Review
No abstract provided.
Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz
Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz
UIC Law Review
No abstract provided.