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Articles 1 - 30 of 82
Full-Text Articles in Rule of Law
On The Place Of Judge-Made Law In A Government Of Laws, Matthew Steilen
On The Place Of Judge-Made Law In A Government Of Laws, Matthew Steilen
Matthew Steilen
This essay explores a constitutional account of the elevation of the judiciary in American states following the Revolution. The core of the account is a connection between two fundamental concepts in Anglo-American constitutional thinking, discretion and a government of laws. In the periods examined here, arbitrary discretion tended to be associated with alien power and heteronomy, while bounded discretion was associated with self-rule. The formal, solemn, forensic, and public character of proceedings in courts of law suggested to some that judge-made law (a product of judicial discretion under these proceedings) did not express simply the will of the judge or …
Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Mutua
Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Mutua
Makau Mutua
The piece examines the tortured history of the judiciary in Kenya and concludes that various governments have deliberately robbed judges of judicial independence. As such, the judiciary has become part and parcel of the culture of impunity and corruption. This was particularly under the one party state, although nothing really changed with the introduction of a more open political system. The article argues that judicial subservience is one of the major reasons that state despotism continues to go unchallenged. It concludes by underlining the critical role that the judiciary has to play in a democratic polity.
Resurrecting The Rule Of Law In Liberia, Jim Dube
Resurrecting The Rule Of Law In Liberia, Jim Dube
Maine Law Review
The rule of law is more than a legal concept. It encompasses more than an established set of rules and legal institutions. In the case of Liberia, there can be no rule of law without the commitment of those relatively few people who administer those rules on behalf of a post-conflict state that has endured twenty-five years of civil war and exploitation. This Essay seeks to prove that existing legal architecture and institutions in a post-conflict state matter less to the rule of law than does the character of the people who run the legal system. The Essay does not …
Kenya And The Rule Of Law: The Perspective Of Two Volunteers, Kim Matthews, William H. Coogan
Kenya And The Rule Of Law: The Perspective Of Two Volunteers, Kim Matthews, William H. Coogan
Maine Law Review
Reaction to Kenya’s 2007 national elections was explosive. Riots claimed at least 1000 lives, and upwards of 300,000 people were displaced from their homes. The public lacked faith in both the ballot counting and in the impartiality of dispute resolution by the judiciary. On both counts, public cynicism was justified. No democracy can flourish without the rule of law. In the absence of faith in the rule of law to replace police state oppression, government stability is evanescent. Rule of law is a habit; it grows only through steady erosion of past practices and constant reminders to officials that the …
Measuring The Rule Of Law In India: A Volunteer Lawyer's Experience, Linda D. Mcgill
Measuring The Rule Of Law In India: A Volunteer Lawyer's Experience, Linda D. Mcgill
Maine Law Review
When I set off for New Delhi, India in January 2003 to serve as a volunteer with the International Senior Lawyers Project (ISLP), nation-building was not in my mission statement. After all, India is the world’s largest democratic country, sustaining that status for sixty years from its violent birth by partition through the curtailment of individual freedoms in the 1975 “emergency” to its recent emergence as a “giant” of economic development and intellectual capital. India’s hold on democracy is all the more impressive given the religious and cultural differences among its vast population and the legacy of still-simmering resentments from …
Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty
Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty
Maine Law Review
President Obama has made clear that the United States must grapple with questions of how to detain and try potentially dangerous terrorism suspects in a manner that maximizes national security while adhering to the rule of law. Yet the United States faces a serious quandary in terms of how to prosecute suspects who have been detained at Guantanamo Bay, Cuba, that puts at risk the reputation of the United States justice system and its adherence to rule of law. The question of what trial system to use for suspected terrorists requires an historical interrogation of how and to what effect …
Gangs And The Culture Of Violence In El Salvador (What Role Did The Us Play?), Norma Roumie
Gangs And The Culture Of Violence In El Salvador (What Role Did The Us Play?), Norma Roumie
The Great Lakes Journal of Undergraduate History
Gang violence in El Salvador has resulted in conditions that have perpetuated an environment of terror and culture of violence. This paper aims to understand the emergence of transnational gangs in El Salvador and the US involvement in this process. The article is divided into the following subtitles; 1980s civil war and the repercussions of US involvement, Salvadorans migration to the US and reverse migration (with a focus on Los Angeles and San Salvador), and US exportation of heavy-handed policies to El Salvador’s institutionalized use of political violence. The paper concludes that US involvement in El Salvador created a foundation …
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …
Justice Blackmun And Individual Rights, Diane P. Wood
Justice Blackmun And Individual Rights, Diane P. Wood
Dickinson Law Review (2017-Present)
Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
Pepperdine Dispute Resolution Law Journal
No abstract provided.
What Is Meant By Freedom?, Paul D. Callister
What Is Meant By Freedom?, Paul D. Callister
Pace Law Review
In 1955, in a neglected article in the Harvard Law Review entitled Freedom—A Suggested Analysis, Lon L. Fuller provided a framework for the basic definition of freedom. More importantly, he tendered a question about the conditions of a free society: “How can the freedom of human beings be affected or advanced by social arrangements, that is, by laws, customs, institutions, or other forms of social order that can be changed or preserved by purposive human actions?” This is the critical question this Article addresses through constructing a comprehensive definition by first, considering etymology and then establishing the various modalities …
Volume 12, Issue 1 (Summer 2017)
Volume 12, Issue 1 (Summer 2017)
Tennessee Journal of Law and Policy
No abstract provided.
Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky
Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky
Life of the Law School (1993- )
No abstract provided.
Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe
Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe
Law Faculty Scholarship
[Excerpt] "We are living in a troubled time. Across the political spectrum, there is a great deal of concern that government officials have been derelict in honoring their oaths to support and defend the Constitution."
Assurance Services As A Substitute For Law In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin
Assurance Services As A Substitute For Law In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin
Cynthia A. Williams
In this article we examine the rapid emergence and expansion of a private-sector compliance and enforcement infrastructure that we believe may increasingly be providing a substitute for public and legal regulatory infrastructure in global commerce, especially in developing countries where rule of law is weak and court systems are absent or inadequate. This infrastructure is provided by a proliferation of performance codes and standards, and a rapidly-growing global army of privately-trained and authorized inspectors and certifiers that we call the "third-party assurance industry." The growth in the third party assurance business has been phenomenal in the last decade. The business …
The Origins And Boundaries Of Executive Privilege, John M. Greabe
The Origins And Boundaries Of Executive Privilege, John M. Greabe
Law Faculty Scholarship
[Excerpt] "When the president or persons working with the president are under investigation . . . the doctrine of executive privilege -which entitles the president to keep confidential certain communications to and from his advisers -inevitably becomes relevant."
In Re Akhbar Beirut & Al Amin, Monica Hakimi
In Re Akhbar Beirut & Al Amin, Monica Hakimi
Articles
On August 29, 2016, the Special Tribunal for Lebanon (Tribunal) sentenced a corporate media enterprise and one of its employees for contemptuously interfering with the Tribunal's proceedings in Ayyash, a prosecution concerning the February 2005 terrorist attack that killed former Lebanese Prime Minister Rafiq Hariri. The contempt decision is significant for two reasons: (1) it adopts an expansive definition of the crime of contempt to restrict a journalist's freedom of expression; and (2) it is the first international judicial decision to hold a corporate entity criminally responsible.
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant
Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
International Tax Planning As A Business Driver, Robert A. Agresta
International Tax Planning As A Business Driver, Robert A. Agresta
Penn State Journal of Law & International Affairs
No abstract provided.
Fcpa Compliance Should Not 'Cost An Arm And A Leg': Assessing The Potential For Enhanced Cost-Efficiency And Effectiveness For An Anti-Corruption Compliance Program With The Implementation Of An Enterprise Legal Risk Management Framework, Garrick Apollon
Penn State Journal of Law & International Affairs
No abstract provided.
We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy
We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy
Penn State Journal of Law & International Affairs
No abstract provided.
China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang
China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang
Penn State Journal of Law & International Affairs
No abstract provided.
Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park
Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park
Penn State Journal of Law & International Affairs
No abstract provided.
Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi
Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi
Penn State Journal of Law & International Affairs
No abstract provided.
Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler
Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler
Penn State Journal of Law & International Affairs
No abstract provided.
Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo
Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo
Penn State Journal of Law & International Affairs
No abstract provided.
Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza
Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza
Penn State Journal of Law & International Affairs
No abstract provided.