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Did The Madisonian Compromise Survive Detention At Guantanamo?, Lumen N. Mulligan 2009 University of Kansas School of Law

Did The Madisonian Compromise Survive Detention At Guantanamo?, Lumen N. Mulligan

Lumen N. Mulligan

In this essay, I take up the Court’s less heralded second holding in Boumediene v. Bush - that a federal habeas court must have the institutional capacity to find facts, which in Boumediene itself meant that a federal district court must be available to the petitioners. Although this has gone largely unnoticed, I contend that this holding is inconsistent with the Madisonian Compromise - the standard view that the Constitution does not require jurisdiction in any federal court, except the Supreme Court. In fact, it appears that the Court adopted Justice Story’s position that the Constitution requires vesting of jurisdiction ...


Il Consenso All’Arbitrato Icsid Contenuto In Una Legge Nazionale Dello Stato Ospite Dell’Investimento, Michele Potestà 2009 University of Milan

Il Consenso All’Arbitrato Icsid Contenuto In Una Legge Nazionale Dello Stato Ospite Dell’Investimento, Michele Potestà

Michele Potestà

No abstract provided.


Freedom Of Thought For The Extended Mind: Cognitive Enhancement And The Constitution, Marc J. Blitz 2009 Oklahoma City University

Freedom Of Thought For The Extended Mind: Cognitive Enhancement And The Constitution, Marc J. Blitz

Marc J. Blitz

No abstract provided.


The Presumption Of Innocence In The French And Anglo-American Legal Traditions, Francois Quintard-Morenas 2009 Selected Works

The Presumption Of Innocence In The French And Anglo-American Legal Traditions, Francois Quintard-Morenas

Francois Quintard-Morenas

Despite evidence that the presumption of innocence was something more than an instrument of proof, common law scholars in the nineteenth century reduced the doctrine to an evidentiary rule without acknowledging the role of the principle as a shield against punishment before conviction in both the civil and common law traditions. The resulting narrow conception of the presumption of innocence has since pervaded the legal and public discourse in the United States, where suspects are increasingly treated as guilty before trial. Using the French Declaration of Rights of 1789 and the English Prison Act of 1877 as points of reference ...


Fortalecer A Los Reguladores, Cambiando Las Reglas Del Juego En México, Alejandro Faya Rodriguez 2009 Universidad Iberoamericana - Mexico

Fortalecer A Los Reguladores, Cambiando Las Reglas Del Juego En México, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe 2009 Selected Works

Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

What happens when a state breaches its international obligations and then ceases to exist? Does its obligation to repair the harm caused by the breach devolve to a new state that occupies part of the territory of an old state? Can a new state be held accountable for violations that took place before the entry into force of the treaty with respect that state? This comment examines the European Court of Human Rights’ (hereinafter 'the Court' or 'the ECHR') encounter with the law of state succession, specifically succession to treaty obligations and succession to responsibility for wrongful acts of a ...


Legal Interoperability In Support Of Spatially Enabling Society, Harlan J. Onsrud 2009 University of Maine - Main

Legal Interoperability In Support Of Spatially Enabling Society, Harlan J. Onsrud

Harlan J Onsrud

Spatial data is critically important for the wellbeing of society. Yet appropriate spatial data is often very difficult to find and, when found, the legal ability to use it is often in question. Lack of an operational web-wide capability allowing users to legally access and use the geospatial data of others without seeking permission on a case-by-case basis remains as an entrenched major impediment to general spatial enablement for all sectors in society. This chapter presents a legal inter-operability vision for offering, acquiring, and using spatial data and proposes an operational environment for gaining much greater legal clarity and efficiency ...


How Many Global Deaths From Arms? Reasons To Question The 740,000 Factoid Being Used To Promote The Arms Trade Treaty, David B. Kopel, Paul Gallant, Joanne D. Eisen 2009 Independence Institute

How Many Global Deaths From Arms? Reasons To Question The 740,000 Factoid Being Used To Promote The Arms Trade Treaty, David B. Kopel, Paul Gallant, Joanne D. Eisen

David B Kopel

Currently, the United Nations is drafting an Arms Trade Treaty to impose strict controls on firearms and other weapons. In support of hasty adoption of the Treaty, a UN-related organization of Treaty supporters is has produced a report claiming that armed violence is responsible for 740,000 deaths annually. This Article carefully examines the claim. We find that the claim is based on dubious assumptions, cherry-picking data, and mathematical legerdemain which is inexplicably being withheld from the public. The refusal to disclose the mathematical calculations used to create the 740,000 factoid is itself cause for serious suspicion; our own ...


New Technology And Representation Elections: Don't Go Mistaking Paradise For Technology Across The Road, Sara Slinn, William A. Herbert 2009 Osgoode Hall Law School of York University

New Technology And Representation Elections: Don't Go Mistaking Paradise For Technology Across The Road, Sara Slinn, William A. Herbert

William A. Herbert

Amid dialogue on amending labor certification procedures are calls for the adoption of internet, electronic and/or telephone representation voting (IETV) procedures in representation elections. To date, most labor relations agencies in the United States and Canada have not implemented IETV. Two notable exceptions are the National Mediation Board (NMB), and the United States Federal Labor Relations Authority (FLRA). This article explores strengths and weaknesses of IETV and the potential for wider adoption of this technology in the representation election context. The article examines the NMB’s rationale in adopting IETV, and its experience with this new election format. Insight ...


United States Supreme Court Amicus Curiae Brief Filed By Richard A. Leo In Florida V. Powell, 130 S. Ct. 1195, Richard Leo 2009 University of San Francisco School of Law

United States Supreme Court Amicus Curiae Brief Filed By Richard A. Leo In Florida V. Powell, 130 S. Ct. 1195, Richard Leo

Richard A. Leo

This amicus brief, filed in Florida v. Powell, 130 S. Ct. 1195 (2010), addresses the question of whether a suspect is adequately informed of his right to the presence of counsel during custodial interrogation when advised only of his "right to talk to a lawyer before answering any of our questions."


Law Of The Horse And Cyberlaw (‘马的法律’与网络法), Henry L. Hu 2009 The University of Hong Kong

Law Of The Horse And Cyberlaw (‘马的法律’与网络法), Henry L. Hu

Henry L Hu

No abstract provided.


Environmental Law As A Legal Field: An Inquiry In Legal Taxonomy, Todd S. Aagaard 2009 Villanova University School of Law

Environmental Law As A Legal Field: An Inquiry In Legal Taxonomy, Todd S. Aagaard

Todd S Aagaard

This Article examines the classification of the law into legal fields, first generally and then by specific examination of the field of environmental law. We classify the law into fields to find and to create patterns, which render the law coherent and understandable. A legal field is a group of situations unified by a pattern or set of patterns that is both common and distinctive to the field. We can conceptualize a legal field as the interaction of four underlying constitutive dimensions of the field: (1) a factual context that gives rise to (2) certain policy tradeoffs, which are in ...


Law, Morality And The Decline Of The Family, Arthur Lang 2009 Rutger Law School

Law, Morality And The Decline Of The Family, Arthur Lang

Arthur Lang

Morality, rights and justice are not determined by the will of a majority, but are logical concepts. A moral statement asserts to be valid for everyone. This paper demonstrates the rationality of distinguishing between true marriage and so-called same gender marriage, between omissions and commissions of acts, and between withdrawal of medical treatment and euthanasia. Additionally, the paper advocates the right a parent to keep a child alive against a medical community that seeks his or her termination.


The Missing Link Of Democracy, Fernando Leila 2009 Fordham University

The Missing Link Of Democracy, Fernando Leila

Fernando Leila

The Missing Link of Democracy: The Federal Reserve Submission to the Democratic Government

“If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, (i.e., the "business cycle") the banks and corporations that will grow up around them will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.”

Thomas Jefferson

Abstract

This paper examines the shortcomings of the Federal Reserve (the “Fed”) as an institution, its power and policy under a democratic system of government, and the consequences thereof.

America is ...


El Negocio Jurídico Y Su Ámbito De Aplicación: ¿Es Posible Aplicar El Articulo 219 Cc Para Sancionar La Nulidad De Un Acto Notarial? Cuestionable Criterio De La Corte Suprema., Alan A. Pasco Arauco 2009 Universidad San Marcos

El Negocio Jurídico Y Su Ámbito De Aplicación: ¿Es Posible Aplicar El Articulo 219 Cc Para Sancionar La Nulidad De Un Acto Notarial? Cuestionable Criterio De La Corte Suprema., Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


India's Integrated Energy Policy: A Source Of Economic Nirvana Or Environmental Disaster?, Deepa Badrinarayana 2009 Chapman University

India's Integrated Energy Policy: A Source Of Economic Nirvana Or Environmental Disaster?, Deepa Badrinarayana

Deepa Badrinarayana

Abstract: India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India ...


Judging Cercla: An Empirical Analysis Of Circuit Court Decision-Making, Clifford Chad Henson 2009 University of Illinois at Urbana-Champaign

Judging Cercla: An Empirical Analysis Of Circuit Court Decision-Making, Clifford Chad Henson

Clifford Chad Henson

Abstract: Political scientists, and increasingly legal scholars, have become skeptical of judges’ attempts to explain decisions based exclusively on applying fact to law, and have attempted to identify factors that influence judicial decision-making. This study isolates a set of cases dealing with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and identifies variable sets corresponding to factors one would expect to be significant under competing models of judicial decision-making. While both the legal and extra-legal model independently explain some judicial decision-making, the legal model has more explanatory power and adds significantly to the explanatory power of the extra-legal ...


Affective, Effective Feedback, Paula J. Manning 2009 Western State College of Law

Affective, Effective Feedback, Paula J. Manning

Paula J Manning

No abstract provided.


State Immunity From Execution: In Search Of A Remedy, René Värk, Dmitri Zdobnõh 2009 University of Tartu

State Immunity From Execution: In Search Of A Remedy, René Värk, Dmitri Zdobnõh

René Värk

No abstract provided.


Bloodsucking Copyrights, Ann Bartow 2009 University of South Carolina School of Law

Bloodsucking Copyrights, Ann Bartow

Ann Bartow

Some bloodsuckers live off the life-sustaining fluids of involuntary hosts and leave behind diseases or venom. Fleas, ticks, bedbugs, and mosquitoes are all bloodsuckers that are best avoided. Others, like the leech, suck blood in ways that can be very helpful to a host, promoting blood flow and healing. Vampires are fictional, sentient bloodsuckers that have populated various entertainment genres for centuries. Copyrights, too, can suck blood metaphorically in productive and destructive ways, or simply suck, period, when they senselessly impede free-flowing veins of information. And though they are not (yet) immortal, copyrights last a very long time.

In Copyright ...


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