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The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska 2015 George Washington University Law School

The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska

Marija Dordeska

When the International Court of Justice (ICJ) resolves disputes between States, it relies on various draft articles of the International Law Commission (ILC), sometimes declaring them to be customary international law. The ICJ thereby elevates some draft articles into the sphere of customary international law, transforming them into instruments binding for the international community as a whole. However, the ICJ tends to rely on the ILC’s work only when the ILC bases its findings on ICJ or Permanent Court of International Justice’s precedents. As an alternative method of international law-making, the relationship between the ICJ and the ILC ...


The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe 2015 University of Ife

The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe

Georgia Journal of International & Comparative Law

No abstract provided.


The Roberts Court And Penumbral Federalism, Edward Cantu 2015 The Catholic University of America, Columbus School of Law

The Roberts Court And Penumbral Federalism, Edward Cantu

Catholic University Law Review

For several decades the Court has invoked “state dignity” to animate federalism reasoning in isolated doctrinal contexts. Recent Roberts Court decisions suggest that a focus on state dignity, prestige, status, and similar ethereal concepts—which derive from a “penumbral” reading of the Tenth Amendment—represent the budding of a different doctrinal approach to federalism generally. This article terms this new approach “penumbral federalism,” an approach less concerned with delineating state from federal regulatory turf, and more concerned with maintaining the states as viable competitors for the respect and loyalty of the citizenry.

After fleshing out what “penumbral federalism” is and ...


Metaphysical Univocity And The Immanent Frame: Defending Religious Liberty In A Secular Age?, Harry G. Hutchison 2015 George Mason University School of Law

Metaphysical Univocity And The Immanent Frame: Defending Religious Liberty In A Secular Age?, Harry G. Hutchison

Harry G. Hutchison

This article is the first installment of three articles. This article examines and appropriates concepts such as metaphysical univocity (a scheme initiated by John Duns Scotus and enriched by insights proffered by Muslim philosopher Ibn Sīnā) and then considers the immanent frame as part of my defense of religious liberty. The second installment applies my defense to current controversies in the United States. The third installment utilizes ideas and concepts from the first two articles as part of a comparative study of religious liberty in Turkey wherein I considers the status of religious minorities within Turkey’s borders. This tri-part ...


The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow 2015 Martin Luther Universitat Halle-Wittenberg

The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow

Kevin Crow

There is a new neoliberal penality emerging in the United States with four primary characteristics: (1) the death of rehabilitation, (2) the de-individualization of the criminal, (3) the emergence of a market for deviance, and (4) the managerialistic approach. The prison-industrial complex in the United States illustrates these pillars, but the pillars are not limited to the prison-industrial complex.

Foucault's concept of the prison as an institution primarily of individual normalization presupposes rehabilitation as the primary goal of the institution. This is no longer the case. Rather, the "penal culture" has shifted from one that views crime and imprisonment ...


Balzac, Estética Na Revolução, Paulo Ferreira da Cunha 2015 Universidade do Porto

Balzac, Estética Na Revolução, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Por 5 reais, compramos "A Obra Prima Ignorada", conto muito interessante com relevantíssimas reflexões sobre arte, e especificamente sobre pintura (muito mais que de um amador ou de um diletante), para além de um final inusitado. Julgávamos ter comprado apenas esse conto, porque cuidáramos que "Um episódio durante o Terror" era subtítulo. Mas não: o que a capa dizia mesmo era: "seguido de Um episódio durante o Terror". Dois em um.


O'Connor's Firsts, Phyllis Crocker 2015 University of Akron

O'Connor's Firsts, Phyllis Crocker

Akron Law Review

No abstract provided.


Flexible Predictability: Stare Decisis In Ohio, Richard Garner 2015 University of Akron

Flexible Predictability: Stare Decisis In Ohio, Richard Garner

Akron Law Review

No abstract provided.


The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniques And For Proposed Redefinitions Of Familial Relations, Scott T. FitzGibbon 2015 Boston College Law School

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniques And For Proposed Redefinitions Of Familial Relations, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

Kinship relations, in our society and in most, are organized systematically. That is to say, each kinship connection is constructed, conducted, and considered, not in isolation but by reference to the others. Your uncle is your father’s brother, in just about the same way as your own sibling is your brother and your children are one another’s brothers and sisters. Your spouse is the mother or father of your children, in just about the same way as your mother and father are your parents and the parents of your siblings. One’s beliefs and expectations about what each ...


Canadian Mortgage Law And Prepayment Penalties, Peter Spiro 2015 University of Toronto

Canadian Mortgage Law And Prepayment Penalties, Peter Spiro

Western Journal of Legal Studies

This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...


R V Fearon Case Commentary, Western Journal of Legal Studies Editorial Board 2015 Western University

R V Fearon Case Commentary, Western Journal Of Legal Studies Editorial Board

Western Journal of Legal Studies

The widespread use of smart phones and similar devices for data management has created significant constitutional and criminal law issues. This is evident in the context of protection by the Charter with respect to unreasonable search and seizure. When an individual’s section 8 rights are breached, an assessment of the admissibility of evidence under section 24(2) of the Charter is required. In R v Fearon, the Supreme Court of Canada established new limits on the police power to search cell phones and similar devices incident to arrest. Cromwell J stated that these measures do not “represent the only ...


A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor 2015 Kent State University - Kent Campus

A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor

Jarrod Tudor

Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU ...


Cleaning The Muck Of Ages From The Windows Into The Soul Of Income Tax, John Passant 2015 University of Wollongong; Australian National University

Cleaning The Muck Of Ages From The Windows Into The Soul Of Income Tax, John Passant

John Passant

The aim of this paper is to provide readers with an insight into Marx’s methods as a first step to understanding income tax more generally but with specific reference to Australia’s income tax system. I do this by introducing readers to the ideas about the totality that is capitalism, appearance and form, and the dialectic in Marx’s hands. This will involve looking at income tax as part of the bigger picture of capitalism, and understanding that all things are related and changes in one produce changes in all. Appearances can be deceptive and we need to delve ...


The Concept Of Fundamental Rights In European Economic Community Law, Laurent Marcoux Jr. 2015 Canadian Human Rights Foundation

The Concept Of Fundamental Rights In European Economic Community Law, Laurent Marcoux Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Impairment Of The Operation Of The Warsaw Convention By Recent Legislative And Judicial Action, Alan N. Sutin 2015 University of Georgia School of Law

Impairment Of The Operation Of The Warsaw Convention By Recent Legislative And Judicial Action, Alan N. Sutin

Georgia Journal of International & Comparative Law

No abstract provided.


The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava 2015 Tel-Aviv University

The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava

Georgia Journal of International & Comparative Law

No abstract provided.


The Holmes School Of Law: A Proposal To Reform Legal Education Through Realism, Robert Rubinson 2015 University of Baltimore Law School

The Holmes School Of Law: A Proposal To Reform Legal Education Through Realism, Robert Rubinson

Boston College Journal of Law & Social Justice

This article proposes the formation of a new law school, the Holmes School of Law. The curriculum of the Holmes School would draw upon legal realism, particularly as articulated by Oliver Wendell Holmes. The proposed curriculum would focus on educating students about “law in fact”—how law is actually experienced. It rejects the idea that legal education should be about reading cases written by judges who not only bring their own biases and cultural understandings to their role, but who also ignore law as experienced, which, in the end, is what law is. This disconnect is especially troubling because virtually ...


The Case For Writing International Law Into The U.S. Code, John F. Coyle 2015 University of North Carolina Law School

The Case For Writing International Law Into The U.S. Code, John F. Coyle

Boston College Law Review

In recent years, the U.S. judiciary has taken steps to limit the role played by international law in the U.S. legal system. This Article seeks to explain this retreat and to identify ways by which it may be reversed. It argues first that the present judicial retreat from international law is attributable to two causes: judicial attitudes and judicial inexperience. Many judges have expressed some degree of ambivalence—occasionally rising to the level of hostility—about relying upon international law to provide a rule of decision. At the same time, many judges are largely unfamiliar with an ever-expanding ...


Ockupationsrätten Och Jag, Matilda Arvidsson 2015 Lund University

Ockupationsrätten Och Jag, Matilda Arvidsson

Matilda Arvidsson

Focusing on the two questions: 'what can I do?' and 'for what am I responsible?', this paper comments on the possibility of living a life with law - in particular international law of belligerent occupation - pursued as an ethical life.


Fundamental Unenumerated Rights Under The Ninth Amendment And Privileges Or Immunities Clause, Adam Lamparello 2015 Indiana Tech Law School

Fundamental Unenumerated Rights Under The Ninth Amendment And Privileges Or Immunities Clause, Adam Lamparello

Adam Lamparello

The failure to link the Ninth Amendment and Privileges or Immunities Clause for the purpose of creating unenumerated fundamental rights has been a persistent but rarely discussed aspect of the Court’s jurisprudence. That should change. There need not be an ongoing tension between the Court’s counter-majoritarian role and the authority of states to govern through the democratic process. If the Constitution’s text gives the Court a solid foundation upon which to recognize new rights and thereby create a more just society, then the exercise of that power is fundamentally democratic. The Ninth Amendment and Privileges or Immunities ...


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