Our Exceptional Constitution, 2019 William & Mary Law School
Constitution Guarantees Rights To All Of Kosovo's Citizens, 2019 William & Mary Law School
Constitution Guarantees Rights To All Of Kosovo's Citizens, Christie S. Warren
Christie S. Warren
No abstract provided.
Sharia Law Poses No Threat To American Courts, 2019 William & Mary Law School
Sharia Law Poses No Threat To American Courts, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Religious Tests And The British Monarchy, 2019 William & Mary Law School
Religious Tests And The British Monarchy, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Unity And Pluralism In Contract Law, 2019 William & Mary Law School
Unity And Pluralism In Contract Law, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, 2019 William & Mary Law School
Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus
Paul Marcus
No abstract provided.
Capital Punishment In The United States, And Beyond, 2019 William & Mary Law School
Capital Punishment In The United States, And Beyond, Paul Marcus
Paul Marcus
This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still …
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, 2019 William & Mary Law School
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye
Paul Marcus
No abstract provided.
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, 2019 William & Mary Law School
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye
Paul Marcus
At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding of the …
Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, 2019 William & Mary Law School
Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone
Linda A. Malone
No abstract provided.
Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, 2019 William & Mary Law School
Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs
Nancy Combs
No abstract provided.
Inter-Country Adoption And The Special Rights Fallacy, 2019 William & Mary Law School
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
James G. Dwyer
No abstract provided.
A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, 2019 William & Mary Law School
A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades
Eric A. Kades
No abstract provided.
Porous Bureaucracy: Legitimating The Administrative State In Taiwan, 2019 University at Buffalo School of Law
Porous Bureaucracy: Legitimating The Administrative State In Taiwan, Anya Bernstein
Journal Articles
Scholars and politicians have sometimes presented bureaucracy as inherently conflicting with democracy. Notably, bureaucrats themselves are rarely consulted about that relationship. In contrast, I draw on interviews and participant observation to illuminate how government administrators understand their own place in democratic government in Taiwan, one of the few successful third-wave democracies. The administrators I work with root their own legitimacy not in separated powers or autonomous expertise, but in their ongoing collaboration with legislators and publics. They define their own accountability not just as executive legislative mandates but as producing them in the first place, and figure bureaucracy as a …
Spill-Over Reputation: Comparative Study Of India & The United States, 2019 Selected Works
Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan
Srividhya Ragavan
No abstract provided.
The Safe And Efficient Development Of Offshore Transboundary Hydrocarbons: Best Practices From The North Sea And Their Application To The Gulf Of Mexico, 2019 Texas A&M University School of Law
The Safe And Efficient Development Of Offshore Transboundary Hydrocarbons: Best Practices From The North Sea And Their Application To The Gulf Of Mexico, Elise Aldendifer, Mckenzie Coe, Taylor Faught, Ian Klein, Peter Kuylen, Keeli Lane, Robert Loughran, Kristin Newby, Morgan Parker, Megan Pharis, John Thomas, Braxton Wood
EENRS Program Reports & Publications
Offshore hydrocarbon resources have been developed for many decades, and with technology improvements, many fields which were once impossible to develop, are now economically and technologically feasible. This has led to a growing difficulty in determining the legislative and regulatory framework for resources that straddle the recognized borders between two states. In this paper, we examine a successful framework agreement governing the transboundary resources between the United Kingdom (“U.K.”) and Norway in the North Sea, and the agreement between the United States and Mexico governing the Gulf of Mexico. Following the 2013 Energy Reform, the Mexican energy sector has been …
Sudden, Forced, And Unwanted Kisses In The #Metoo Era: Why A Kiss Is Not “Just A Kiss” Under Italian Sexual Violence Law, 2019 Golden Gate University School of Law
Sudden, Forced, And Unwanted Kisses In The #Metoo Era: Why A Kiss Is Not “Just A Kiss” Under Italian Sexual Violence Law, Rachel A. Van Cleave
Publications
#MeToo reports have revealed a significant number of forced kisses typically by men in positions of authority. Previous scholarship in the US has viewed such instances as to rare or too minor to be worthy of criminal sanctions. Indeed, there are no such reported criminal cases involving adults. However, in Italy, the Supreme Court of Cassazione has upheld sexual violence convictions for such forced kisses. This article analyzes these cases and investigates the types of considerations the Italian Supreme Court includes in its evaluation of these situations. This article also suggests specific aspects of US laws that could benefit from …
The American Pathology Of Inequitable Access To Medical Care, 2019 University of Pennsylvania Carey Law School
The American Pathology Of Inequitable Access To Medical Care, Allison K. Hoffman, Mark A. Hall
All Faculty Scholarship
What most defines access to health care in the United States may be its stark inequity. Daily headlines in top newspapers paint the highs and lows. Articles entitled: “We Mapped the Uninsured. You’ll notice a Pattern: They tend to live in the South, and they tend to be poor” and op-eds with titles like “Do Poor People Have a Right to Health Care?” and “What it’s Like to Be Black and Pregnant when you Know How Dangerous That Can Be” run side-by-side with headlines touting “The Operating Room of the Future,” and advances in gene therapy that promise cures …
Due Process In International Antitrust Enforcement: An Idea Whose Time Has Come, 2019 University of Pennsylvania Carey Law School
Due Process In International Antitrust Enforcement: An Idea Whose Time Has Come, Christopher S. Yoo
All Faculty Scholarship
The past year has witnessed an upsurge of international interest in due process in antitrust enforcement, reflected in two new comparative studies and International Competition Network’s (ICN’s) May 2019 adoption of its Recommended Practices for Investigative Process and Framework for Competition Agency Procedures and the Organization for Economic Cooperation and Development (OECD) Competition Committee’s discussion of the Draft Recommendation on Transparency and Procedural Fairness in Competition Law Enforcement in June 2019. This article reviews those developments, traces key differences among them, and looks ahead to what comes next.
A New Role Of Causation Theory Towards Achieving Economic Contractual Equilibrium: Monitoring The Economic Equilibrium Of The Contract, 2019 Faculty of Law, University of Malaya, Kuala Lumpur, Malaysia
A New Role Of Causation Theory Towards Achieving Economic Contractual Equilibrium: Monitoring The Economic Equilibrium Of The Contract, Osama Ismail Amayreh, Izura Masdina Mohamed Zakri, Pardis Moslemzadeh Tehrani, Yousef Mohammad Shandi
Indonesia Law Review
The phrase “who says contractual, says justice” “qui dit contractuel dit juste” does not fully express the truth of our present reality, where the phrase itself falls into doubt, since the contract does not always result in fair obligations, as the contract is an expression of often unequal wills. In this regard, the French judiciary realized that the absence of justice in the contract might arise as a result of the contractual freedom afforded to the contracting parties and, thus, they developed the idea of Commutative Justice in the contract, such as the Piller’s decision, which is considered one of …