Corruption And Bribery In Islamic Law: Are Islamic Ideals Being Met In Practice?,
Golden Gate University School of Law
Corruption And Bribery In Islamic Law: Are Islamic Ideals Being Met In Practice?, Mohamed A. Arafa
Annual Survey of International & Comparative Law
Islam looks to a significant degree to moral development within the individual to strengthen resolve and foster self-restraint. The focus is upon shaping the higher-order preferences elaborated in the Qur’an and the Sunnah through the law of Sharie‘a, reinforced by a powerful spiritual incentive system. Both legal systems—domestic and international—can learn from the Islamic legal system. To get a better understanding of this law, Part I will present a brief survey of Islamic law and Fiqh (“Islamic Jurisprudence”), sources of this law, the famous Islamic schools of jurisprudence (“Fiqh Al-Mazaheb/madhhabs”), and then an overview of the fundamental legal principles in …
Jury Systems Around The World,
Cornell Law School
Jury Systems Around The World, Valerie P. Hans
Cornell Law Faculty Publications
Lay citizens participate as decision makers in the legal systems of many countries. This review describes the different approaches that countries employ to integrate lay decision makers, contrasting in particular the use of juries composed of all citizens with mixed decision-making bodies of lay and law-trained judges. The review discusses research on the benefits and drawbacks of lay legal decision making as well as international support for the use of ordinary citizens as legal decision makers, with an eye to explaining a recent increase in new jury systems around the world. The review calls for more comparative work on diverse …
Public Interest Litigation In India As A Paradigm For Developing Nations,
Indiana University Maurer School of Law
Public Interest Litigation In India As A Paradigm For Developing Nations, Zachary Holladay
Indiana Journal of Global Legal Studies
Public interest litigation (PIL) in India can serve as a vehicle for creating and enforcing rights and is critical to the sustenance of democracy. PIL in India can address the needs of its citizens when legislative inertia afflicts the Indian National Congress. This Note discusses how PIL in India can serve as a model for other developing nations struggling with legislative inertia and can provide recourse to marginalized and disadvantaged communities. Furthermore, while PIL obscures the traditional boundaries of power in a liberal democratic polity, democracy is in fact strengthened by the expansion of standing to include any citizen who …
Nigerian Foreign Policy Under The Constitution Of The Federal Republic Of Nigeria (1979),
Golden Gate University School of Law
Nigerian Foreign Policy Under The Constitution Of The Federal Republic Of Nigeria (1979), Christian N. Okeke
Publications
It is proposed to divide this paper into two main parts. The first part will be concerned with a review of the philosophies that formerly underlined Nigeria's international activities, in other words, the foreign policy objectives enunciated by the country's leaders on the eve of independence in 1960. By so doing, it is intended to ascertain to what extent there has been a shift from old practices in the foreign policy of the country. The second part will attempt to analyze the statements and/or provisions concerning Nigerian foreign policy contained in the 1979 Presidential Constitution. Finally, an attempt will be …
Beyond Ownership: State Capitalism And The Chinese Firm,
University of Florida Levin College of Law
Beyond Ownership: State Capitalism And The Chinese Firm, Curtis J. Milhaupt, Wentong Zheng
UF Law Faculty Publications
Chinese state capitalism has been treated as essentially synonymous with state-owned enterprises (SOEs). But drawing a stark distinction between SOEs and privately owned enterprises (POEs) misperceives the reality of China’s institutional environment and its impact on the formation and operation of large enterprises of all types. We challenge the “ownership bias” of prevailing analyses of Chinese firms by exploring the blurred boundary between SOEs and POEs in China. We argue that the Chinese state has less control over SOEs and more control over POEs than its ownership interest in the firms suggests. Our analysis indicates that Chinese state capitalism can …
Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms,
Seattle University School of Law
Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman
Seattle University Law Review
Guantánamo Bay has become a symbol of the United States’ approach to the War on Terror. The detention center is globally known for the human rights violations committed there; yet, the international community has failed to take actions to successfully close the facility through either the use of pressure on the U.S. government or by utilizing enforcement mechanisms against the United States as it would any other nation committing proportional human rights violations. The United States’ actions at Guantánamo Bay violate its obligations under the Third Geneva Convention, the International Covenant for Civil and Political Rights (ICCPR), the Convention Against …
The Iran-Iraq War: United Nations Resolution Of Armed Conflict,
Villanova University Charles Widger School of Law
The Iran-Iraq War: United Nations Resolution Of Armed Conflict, Matthew J. Ferretti
Villanova Law Review
No abstract provided.
Los Juristas Académicos De Venezuela: Historia Institucional Y Biografía Colectiva,
Florida International University College of Law
Los Juristas Académicos De Venezuela: Historia Institucional Y Biografía Colectiva, Rogelio Pérez Perdomo
Faculty Books
Indice:
Capítulo 1. El estudio histórico-social de los juristas académicos: producción intelectual y papel político.
Capítulo 2. La independencia y la construcción inicial del estado (1800-1847).
Capítulo 3. Tiempos de disgregación y autoritarismo (1848-1958).
Capítulo 4. Institucionalización de la investigación y sus límites (1959-2012).
Capítulo 5. Conocimiento, política y revolución. - Apéndice: Mini biografías de los juristas académicos analizados.
Referencias.
A Violation Of Jus Cogens Norms As An Implicit Waiver Of Immunity Under The Federal Sovereign Immunities Act,
University of Maryland Francis King Carey School of Law
A Violation Of Jus Cogens Norms As An Implicit Waiver Of Immunity Under The Federal Sovereign Immunities Act, Thora A. Johnson
Maryland Journal of International Law
No abstract provided.
The Supreme Court Of Canada: Its History, Powers And Responsibilities,
University of Arkansas at Little Rock William H. Bowen School of Law
The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci
The Journal of Appellate Practice and Process
No abstract provided.