Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (13)
- Comparative and Foreign Law (11)
- Human Rights Law (11)
- Law and Society (11)
- Social and Behavioral Sciences (10)
-
- Courts (9)
- Jurisprudence (8)
- Law and Economics (8)
- Administrative Law (6)
- Internet Law (6)
- Judges (6)
- Transnational Law (6)
- Banking and Finance Law (5)
- Commercial Law (5)
- Constitutional Law (5)
- Intellectual Property Law (5)
- Public Affairs, Public Policy and Public Administration (5)
- Public Law and Legal Theory (5)
- Civil Law (4)
- Economics (4)
- Election Law (4)
- International Trade Law (4)
- Law and Politics (4)
- Political Science (4)
- Sociology (4)
- Civil Procedure (3)
- Criminal Law (3)
- European Law (3)
- Institution
-
- Selected Works (6)
- SelectedWorks (5)
- University of Michigan Law School (5)
- Villanova University Charles Widger School of Law (4)
- Columbia Law School (3)
-
- Universitas Indonesia (3)
- University of Pittsburgh School of Law (3)
- University of the Pacific (3)
- American University Washington College of Law (2)
- University of Missouri-Kansas City School of Law (2)
- Vanderbilt University Law School (2)
- Brooklyn Law School (1)
- Cornell University Law School (1)
- Georgetown University Law Center (1)
- Maurer School of Law: Indiana University (1)
- Nova Southeastern University (1)
- Roger Williams University (1)
- Union College (1)
- University of California, Irvine School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Hampshire (1)
- University of Washington School of Law (1)
- University of the District of Columbia School of Law (1)
- Valparaiso University (1)
- William & Mary Law School (1)
- Keyword
-
- Rule of law (5)
- International law -- History (3)
- John F. (3)
- Law reform (3)
- Murphy (3)
-
- The (Book) (3)
- United States & the Rule of Law in International Affairs (3)
- Access to information (2)
- Civil procedure (2)
- Comparative Law; Judges; Transnational Law (2)
- Democracy (2)
- Elections (2)
- Essays (2)
- Human Rights Law (2)
- Information (2)
- Innovation (2)
- Intellectual Property (2)
- Justice (2)
- Knowledge (2)
- Law and Society (2)
- Learning (2)
- Obligations (2)
- Patent (2)
- Public policy (2)
- Rule of Law (2)
- Treaties (2)
- United States (2)
- 1853-1856 (1)
- ALI (1)
- AML (1)
- Publication
-
- Faculty Scholarship (4)
- Villanova Law Review (4)
- Articles (3)
- Indonesia Law Review (3)
- Articles in Law Reviews & Other Academic Journals (2)
-
- Daniel Kanstroom (2)
- Donald J. Kochan (2)
- Faculty Works (2)
- Global Business & Development Law Journal (2)
- Michele Carducci Prof. (2)
- Michigan Journal of International Law (2)
- Vanderbilt Journal of Transnational Law (2)
- Adonis E. Hoffman Esq. (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Honors Theses (1)
- Indiana Journal of Global Legal Studies (1)
- Justin Schwartz (1)
- Laurel S. Terry (1)
- Law Faculty Publications (1)
- Law Faculty Scholarship (1)
- Maryland Series in Contemporary Asian Studies (1)
- McGeorge School of Law Scholarly Articles (1)
- Michigan Law Review (1)
- Michigan Telecommunications & Technology Law Review (1)
- Nevada Law Journal (1)
- Noah J Wald (1)
- SJD Dissertations (1)
- Studio for Law and Culture (1)
- The University of New Hampshire Law Review (1)
- Thomas A Faunce (1)
- Publication Type
Articles 31 - 53 of 53
Full-Text Articles in Rule of Law
Foreign Official Immunity After Samantar, Chimene I. Keitner
Foreign Official Immunity After Samantar, Chimene I. Keitner
Vanderbilt Journal of Transnational Law
In Samantar v. Yousuf, the U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSLA) does not govern the immunity of foreign officials from legal proceedings in U.S. courts. Part I of this symposium contribution seeks to put in sharper focus exactly what is, and what is not, in dispute following Samantar. Part II presents three challenges to common assumptions about conduct-based immunity, which I consider under the headings of personal responsibility, penalties, and presence. Under the heading of personal responsibility, I emphasize that state responsibility and individual responsibility are not mutually exclusive. Under penalties, I argue that …
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black
Faculty Works
No abstract provided.
Elections And Government Formation In Iraq: An Analysis Of The Judiciary's Role, Charles P. Trumbull Iv, Julie B. Martin
Elections And Government Formation In Iraq: An Analysis Of The Judiciary's Role, Charles P. Trumbull Iv, Julie B. Martin
Vanderbilt Journal of Transnational Law
In 2005, the people of Iraq ratified a permanent Constitution, a significant milestone in the journey from Saddam Hussein's authoritarian rule to democratic governance. Among the Constitution's fundamental guarantees are the separation and balance of powers, the selection of Parliament through regular and periodic popular election, and an independent judiciary empowered as the authority on constitutional interpretation. Iraq's commitment to democracy and the Constitution was put to the test five years later with the first parliamentary election under the new Constitution. The run-up to the elections was marred by political disputes, violence, and legal challenges, as Iraqis argued over controversial …
An Expectation Of Empathy, Steve Leben
The New Second Circuit Local Rules: Anatomy And Commentary, Jodi Balsam
The New Second Circuit Local Rules: Anatomy And Commentary, Jodi Balsam
Faculty Scholarship
No abstract provided.
The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand
The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand
Articles
This chapter was presented at a conference in Dublin on the (then) new Rome I Regulation of the European Union in the fall of 2009. It contrasts the Rome I rules on party autonomy with those in the United States. In particular, it considers the rules in the Rome I Regulation that ostensibly protect consumers by discouraging party agreement on a pre-dispute basis to the law governing a consumer contract. These rules are compared with the absence of private international law restrictions on choice of forum and choice of law in the United States, even in consumer contracts. The result …
Post-Wto China Tax Law System Reform And The Rule Of Law: Progress And Prospects, Tianlong Hu
Post-Wto China Tax Law System Reform And The Rule Of Law: Progress And Prospects, Tianlong Hu
SJD Dissertations
A close examination of China's accession commitments reveals that effective economic reform and trade liberalization call for substantiations from a matching legal infrastructure reform. For example, taxpayers' rights protection should be viewed in terms of broader political and civil rights reform. Indeed, a number of the values featured in the WTO principles and the rule of law framework encourage China's further integration into both the global trade network and the international human rights regime. This is particularly evident in the Chinese tax law context. WTO principles and the rule of law requirements must be introduced and evaluated together in tax …
Deviations From The International Rule Of Law: An Historical Footnote, Arthur T. Downey
Deviations From The International Rule Of Law: An Historical Footnote, Arthur T. Downey
Villanova Law Review
The article discusses the international rule of law as of July 2011, focusing on a historical overview of international affairs including the use of privateer maritime forces, the efforts of the U.S. to codify the international law in regards to maritime warfare, and the impact of the Crimean War on the development of the rule of international law. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.
The United States And International Law: The United Nations Finds A Home, Mark Weston Janis
The United States And International Law: The United Nations Finds A Home, Mark Weston Janis
Villanova Law Review
An essay is presented on the relationship between the U.S. and the United Nations (UN) as of July 2011, focusing on the commitment of the U.S. to international law and international organization, as well as a historical overview of the UN and its facilities in the U.S. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.
Private International Law, The Rule Of Law, And Economic Development, David P. Stewart
Private International Law, The Rule Of Law, And Economic Development, David P. Stewart
Villanova Law Review
The article discusses private international law as of July 2011, focusing on the principles of civil law systems, conflict of laws, and jurisdiction. The concept of international judicial assistance, as laid out by the Hague Conference on Private International Law, is also examined. The United Nations Commission on International Trade Law's role as a leader in the field of international commercial arbitration is mentioned.
Rethinking North America: Why Nafta's Laissez Faire Approach To Integration Is Flawed, And What To Do About It, Stephen Zamora
Rethinking North America: Why Nafta's Laissez Faire Approach To Integration Is Flawed, And What To Do About It, Stephen Zamora
Villanova Law Review
An essay is presented on the status of the North American Free Trade Agreement (NAFTA) as of July 2011, focusing on the strong support shown to the international law by European countries as compared to the U.S., as well as the role of regional trade agreements such as NAFTA in furthering the globalization movement. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.
Beyond Invention: Patent As Knowledge Law, Michael J. Madison
Beyond Invention: Patent As Knowledge Law, Michael J. Madison
Articles
The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from …
Knowledge Curation, Michael J. Madison
Knowledge Curation, Michael J. Madison
Articles
This Article addresses conservation, preservation, and stewardship of knowledge, and laws and institutions in the cultural environment that support those things. Legal and policy questions concerning creativity and innovation usually focus on producing new knowledge and offering access to it. Equivalent attention rarely is paid to questions of old knowledge. To what extent should the law, and particularly intellectual property law, focus on the durability of information and knowledge? To what extent does the law do so already, and to what effect? This article begins to explore those questions. Along the way, the article takes up distinctions among different types …
Transparency In The Administration Of Laws: The Relationship Between Differing Justifications For Transparency And Differing Views Of Administrative Law, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law, Claudio Grossman
The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Rule Of Law As A Law Of Standards, Jamal Greene
The Rule Of Law As A Law Of Standards, Jamal Greene
Faculty Scholarship
Justice Antonin Scalia titled his 1989 Oliver Wendell Holmes Lecture at Harvard Law School The Rule of Law as a Law of Rules. The lecture posed the sort of dichotomy that has become a familiar feature of Justice Scalia's jurisprudence and of his general approach to judging. On one hand are judges who recognize that the only legitimate means by which they may adjudicate cases in a democracy is to seek to do so through rules of general application. On the other hand are those judges who generally prefer to adopt an all-things considered balancing approach to adjudication. This latter …
The Limits Of Process, Robin West
The Limits Of Process, Robin West
Georgetown Law Faculty Publications and Other Works
This article presents four major objections to Jeremy Waldron’s claim that for “Rule of Law” to exist it we must move beyond basic formal requirements that laws be general and knowable rules we can all comply with, towards substantive requirements that when the law imposes its censorial and punitive will upon us, it is applied in a way that acknowledges our intelligence and respects our individual dignity. After challenging Waldron’s claim, the author suggests that if Rule of Law theorizing is intended to capture our ideals of law, then the three paradigms of Rule of Law scholarship that Waldron has …
Profiling Originalism, Jamal Greene, Nathaniel Persily, Stephen Ansolabehere
Profiling Originalism, Jamal Greene, Nathaniel Persily, Stephen Ansolabehere
Faculty Scholarship
Originalism is a subject of both legal and political discourse, invoked not just in law review scholarship but also in popular media and public discussion. This Essay presents the first empirical study of public attitudes about originalism. The study analyzes original and existing survey data in order to better understand the demographic characteristics, legal views, political orientation, and cultural profile of those who self-identfy as originalists. We conclude that rule of law concerns, support for politically conservative issue positions, and a cultural orientation toward moral traditionalism and libertarianism are all significant predictors of an individual preference for originalism. Our analysis …
Prosecuting The Informant Culture, Andrew E. Taslitz
Prosecuting The Informant Culture, Andrew E. Taslitz
Michigan Law Review
Alexandra Natapoff, in her outstanding new book, Snitching: Criminal Informants and the Erosion of American Justice, makes a compelling case for reform of the system by which we regulate police use of criminal informants. Indeed, as other writers have discussed, law enforcement's overreliance on such informants has led to a "snitching culture" in which informant snitching replaces other forms of law enforcement investigation (pp. 12, 31, 88-89). Yet snitches, especially jailhouse snitches, are notoriously unreliable.
Global Artificial Photosynthesis: A Scientific And Legal Introduction., Thomas A. Faunce
Global Artificial Photosynthesis: A Scientific And Legal Introduction., Thomas A. Faunce
Thomas A Faunce
With the global human population set to exceed 10 billion by 2050, its collective energy consumption to rise from 400 to over 500 EJ/yr and with the natural environment under increasing pressure from these sources as well as from anthropogenic climate change, political solutions such as the creation of an efficient carbon price and trading scheme may arrive too late. In this context, the scientific community is exploring technological remedies. Central to these options is artificial photosynthesis – the creation, particularly through nanotechnology, of devices capable to doing what plants have done for millions of years – transforming sunlight, water …
On Equality: The Anti-Interference Principle, Donald J. Kochan
On Equality: The Anti-Interference Principle, Donald J. Kochan
Donald J. Kochan
This Essay introduces the “Anti-Interference Principle” – a new term on the meaning of equality, or at least one not yet so-named in the equality lexicon – as a necessary foundation for achieving the goal of true equality. Equality has a long-standing place in the discussion of politics and jurisprudence and remains a struggle of definition today. Rather than rehash the mass of scholarship, this Essay seeks to summarize the general equality concept, and propose that the legal discourse on equality center on a requirement that governmental power must protect and respect equal treatment and opportunity, unconstrained, not equal outcomes. …
While Effusive, "Conclusory" Is Still Quite Elusive: The Story Of A Word, Iqbal, And A Perplexing Lexical Inquiry Of Supreme Importance, Donald J. Kochan
While Effusive, "Conclusory" Is Still Quite Elusive: The Story Of A Word, Iqbal, And A Perplexing Lexical Inquiry Of Supreme Importance, Donald J. Kochan
Donald J. Kochan
The meaning of the word “conclusory” seems really, quite elusory. Conclusory is a widespread, common, and effusive word in the modern legal lexicon. Yet you would not necessarily know that by looking through many dictionaries. “Conclusory” has been a late comer to the pages of most dictionaries. Even today, not all dictionaries include the word “conclusory”, those that do have only recently adopted it, and the small number of available dictionary definitions seem to struggle to capture the word’s usage in the legal world. Yet the word “conclusory” has taken center stage in the procedural plays of civil litigation with …
Laurel Terry's Summary & Supplement To The U.S. Lawyer Aml Voluntary Good Practices Guidance [A "Red Flags" Two-Pager], Laurel S. Terry