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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 ...


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 ...


The Harm Principle And Free Speech, Rebecca L. Brown 2015 USC Gould School of Law

The Harm Principle And Free Speech, Rebecca L. Brown

University of Southern California Legal Studies Working Paper Series

This article challenges the recent turn to absolutism in free speech doctrine, and the scheme of "protected" and "unprotected" speech that it enshrines. A more historically and theoretically sound approach to free speech would take into account the actual manner in which expression is alleged to cause harm. If the process of causing harm does not engage the rational processes of the audience, then the strict rule against content regulation is not appropriate. The article offers an original, revisionist perspective on the leading case on content regulation, Police Department v. Mosley, 408 U.S. 92 (1972), which was authored by ...


"Rhetoric And Reality": Testing The Harm Of Campaign Spending, Rebecca L. Brown, Andrew D. Martin 2015 USC Gould School of Law

"Rhetoric And Reality": Testing The Harm Of Campaign Spending, Rebecca L. Brown, Andrew D. Martin

University of Southern California Legal Studies Working Paper Series

This is an empirical piece prepared for a conference entitled Testing the Constitution, held at the University of Chicago Law School. Brown and Martin collaborated to design a survey experiment aimed at testing some of the factual claims made by the Supreme Court in Citizens United v. FEC. The paper shows that there is a demonstrable harm to the electorate's faith in democracy, and argues that these findings supply a government interest, separate from prevention of corruption, in regulating campaign spending.


Nailing Down The Deadlines: A Modified Peremption Scheme For Claims Against Design Professionals, Alex T. Robertson 2015 Louisiana State University Law Center

Nailing Down The Deadlines: A Modified Peremption Scheme For Claims Against Design Professionals, Alex T. Robertson

Alex T Robertson

In Louisiana construction cases, the timeliness of a third party claim for indemnity is contingent on both the profession of the defendant and where the plaintiff files the suit.[1] This moving target effect has roots in Louisiana’s adoption of a single peremptive statute for construction cases in lieu of the previously controlling liberative prescription statutes.[2] Louisiana instituted peremption to create a shorter and fixed period of time for the possibility of a design professional to be sued from a design, which has several positive consequences--judicial efficiency, higher quality of evidence in construction cases, positive economic impact and ...


Some Basic Marxist Concepts To Understand Income Tax, John Passant 2015 University of Wollongong; Australian National University

Some Basic Marxist Concepts To Understand Income Tax, John Passant

John Passant

The paper introduces readers to some basic Marxist concepts to give the building blocks for an alternative understanding of tax and perhaps even to inspire some to use these concepts and ideas in their future research. It argues that the tax system reflects the phenomena of wealth and income and that there is a deeper reality obscured and ignored by the income tax system as an outcrop of a capitalist system which does the same. This deeper reality is that capital exploits workers and that profit, rent, interest and the like are the money form of the unpaid labour of ...


From The Shoals Of Ras Kaboudia To The Shores Of Tripoli: The Tunisia/Libya Continental Shelf Boundary Delimitation, Donna R. Christie 2015 Florida State University

From The Shoals Of Ras Kaboudia To The Shores Of Tripoli: The Tunisia/Libya Continental Shelf Boundary Delimitation, Donna R. Christie

Georgia Journal of International & Comparative Law

No abstract provided.


Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Best Case For Same-Sex Marriage, Adam Lamparello 2015 Indiana Tech Law School

Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Best Case For Same-Sex Marriage, Adam Lamparello

Adam Lamparello

The Alabama Court of the Judiciary should remove Roy Moore from the Supreme Court of Alabama for a second and final time. Over ten years after being ousted from the Alabama Supreme Court, Chief Justice Moore is embroiled in yet another controversy that involves disregarding the federal courts and creating chaos in the legal system. In fact, Moore recently stated that he would ignore the Supremacy Clause and not respect a U.S. Supreme Court decision invalidating same-sex marriage bans. That statement brings back memories of Governor Wallace’s infamous stand at the schoolhouse door. At least Wallace had a ...


Coopted And Independent: The Paradox Of Egypt's Judiciary, Sahar Aziz 2015 Texas A&M School of Law

Coopted And Independent: The Paradox Of Egypt's Judiciary, Sahar Aziz

Sahar F Aziz

Among the myriad questions surrounding the study of the “Arab Spring,” the one that engenders much scholarly debate is “What happened to Egypt’s revolution?” Answers abound in explaining why Egypt today is more authoritarian than in the final years of the Mubarak regime. No single factor or theory suffices to explain the complex political, economic, and social forces intersecting over the past four tumultuous years in Egypt’s history. Indeed, scholars are likely to spend many years, if not decades, deconstructing the buildup to and aftermath of what is now coined the “January 25th Revolution.”

Accordingly, this Article ...


Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence 2015 Michigan State University College of Law

Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence

Michael Anthony Lawrence

This Article looks back to the United States Supreme Court’s jurisprudence during the years 1953-1969 when Earl Warren served as Chief Justice, a period marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association and religion, voting rights, and more. The Article further discusses the constitutional bases for the Warren Court’s decisions, principally the Fourteenth Amendment equal protection and due process clauses.

The Article explains that the Warren Court’s equity-based jurisprudence closely resembles, at its root, the “justice-as-fairness” approach promoted in John Rawls’s monumental 1971 ...


When Rules Are Made To Be Broken, Zev J. Eigen, David S. Sherwyn, Nicholas F. Menillo 2015 Northwestern University School of Law

When Rules Are Made To Be Broken, Zev J. Eigen, David S. Sherwyn, Nicholas F. Menillo

Northwestern University Law Review

When do judges follow rules expected to produce unjust results, and when do they intentionally misapply such rules to avoid injustice? Judicial rule-breaking is commonly observed when national dignity and morality are at stake, such as abolitionist judges charged with applying federal fugitive slave laws, or when lives hang in the balance, such as applications of criminal sentencing rules. Much less is understood about judicial rule-breaking in quotidian civil litigation, in spite of the sizeable impact on litigants and potential litigants, as well as the frequency with which judges face such decisions. This Article is the first to theoretically assess ...


Standing Uncertainty: An Expected-Value Standard For Fear-Based Injury In Clapper V. Amnesty International Usa, Andrew C. Sand 2015 University of Michigan Law School

Standing Uncertainty: An Expected-Value Standard For Fear-Based Injury In Clapper V. Amnesty International Usa, Andrew C. Sand

Michigan Law Review

The Supreme Court has held that a plaintiff can have Article III standing based on a fear of future harm, or fear-based injury. The Court’s approach to fear-based injury, however, has been unclear and inconsistent. This Note seeks to clarify the Court’s doctrine using principles from probability theory. It contends that fear-based injury should be governed by a substantial-risk standard that encapsulates the probability concept of expected value. This standard appears in footnote 5 of Clapper v. Amnesty International USA, a recent case in which the Court held that a group of plaintiffs lacked standing to challenge the ...


Mimesis, Imagination And Law, Marcelo C. Galuppo 2015 University of Baltimore

Mimesis, Imagination And Law, Marcelo C. Galuppo

Marcelo C Galuppo Phd

This paper assumes that a trial consists of a narrative that encompasses other narratives held in the Lawsuit. As such, the first question that arises is whether it is possible to transpose events into discourse, i.e., if it is possible to represent mimetically the reality in the judicial discourse. In order to this narrative process be legitimate, it needs to present narrative coherence so that it makes possible that other narratives (plaintiff`s, defendant`s, and witnesses` ones) be understood as dialectically overcame in sentence’s narrative. Imagination plays a key role in narratives, and especially in judicial narratives ...


0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff 2015 Law Professor

0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff

Theodore Y. Blumoff

Since 2003, death penalty jurisdictions have been permitted to use psychotropic drugs to “restore” the competency of schizophrenics so they can execute them. Exactly why it is permissible to execute a “synthetically” or “artificially” competent individual is unclear in light of Ford v. Wainwright, a 1986 decision in which the United States Supreme Court, following ancient custom and common law rule, held that the cruel and unusual prohibition of the Eighth Amendment prohibited execution of the insane. The lack of clarity follows from the inability of the Court to agree on the reason the tradition persists. Nonetheless, health care providers ...


It's All Interpretation, All The Way Down, Or, The Reason We Call It The “Practice” Of Law: With Observations From Two Different Legal Systems, John R. Prince III 2015 Wenzhou-Kean University

It's All Interpretation, All The Way Down, Or, The Reason We Call It The “Practice” Of Law: With Observations From Two Different Legal Systems, John R. Prince Iii

John R. Prince III

This article explores one aspect of the philosophy of law; not what it means to refer to “the law” but what it means to discuss the “practice of law.” That practice is identified as a discursive practice, one where a text is applied to a particular factual context, and thus an interpretive practice. However, the type of interpretation involved in the practice of law is not one of translating one verbal formulation of a rule into another verbal formulation, but the act of bridging the gap between the rule and what that rule means here, and now, in a particular ...


Wynne: It's Not About Double Taxation, Michael S. Knoll, Ruth Mason 2015 University of Pennsylvania Law School

Wynne: It's Not About Double Taxation, Michael S. Knoll, Ruth Mason

Faculty Scholarship

This Article discusses Wynne v. Comptroller, a dormant Commerce Clause case against Maryland pending before the Supreme Court. We use economic analysis to rebut Maryland’s claim that its tax regime does not discriminate against interstate commerce. We also argue that the parties’ framing of the central issue in the case as whether the Constitution requires states to relieve double taxation draws focus away from the discrimination question, and therefore could undermine the Wynnes’ case and lead to unjustified narrowing of the dormant Commerce Clause. We also show how our approach to tax discrimination resolves many of the issues that ...


Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer 2015 University of Georgia School of Law

Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer

Georgia Journal of International & Comparative Law

No abstract provided.


Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979, Wilbur Owens 2015 University of Georgia School of Law

Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979, Wilbur Owens

Georgia Journal of International & Comparative Law

No abstract provided.


Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen 2015 Jenner & Block

Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen

Georgia Journal of International & Comparative Law

No abstract provided.


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