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Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974., Sandy McCormack 2016 Office of the Solicitor, US Department of Labor

Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974., Sandy Mccormack

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: The Soviet Union In World Affairs, A Documented Analysis, 1964-1972. By Professor W. W. Kulski. Syracuse: Syracuse University Press, 1972. Pp. 526. $17.50., Jacob D. Beam 2016 United States Embassy

Book Review: The Soviet Union In World Affairs, A Documented Analysis, 1964-1972. By Professor W. W. Kulski. Syracuse: Syracuse University Press, 1972. Pp. 526. $17.50., Jacob D. Beam

Georgia Journal of International & Comparative Law

No abstract provided.


The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson 2016 California State University - San Bernardino

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government ...


Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, 2016 Brigham Young University Law School

Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent

BYU Law Review

The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American Law Institute undoubtedly has good reasons for its approach, there is an emerging presidential practice that should catch the attention of the drafters and encourage them to make at least a small foray into customary international law’s impact on the domestic law of the United States. This practice consists of presidents proclaiming to the international community that certain provisions of treaties ...


Don't Know Much About History: Constitutional Text, Practice, And Presidential Power, David Schultz 2016 University of St. Thomas, Minnesota

Don't Know Much About History: Constitutional Text, Practice, And Presidential Power, David Schultz

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Supremely Opaque?: Accountability, Transparency, And Presidential Supremacy, Heidi Kitrosser 2016 University of St. Thomas, Minnesota

Supremely Opaque?: Accountability, Transparency, And Presidential Supremacy, Heidi Kitrosser

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The President, The Cabinet, And Independent Agencies, Akhil Reed Amar 2016 University of St. Thomas, Minnesota

The President, The Cabinet, And Independent Agencies, Akhil Reed Amar

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


George Washington And The Executive Power, John Yoo 2016 University of St. Thomas, Minnesota

George Washington And The Executive Power, John Yoo

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Some Structural Dilemmas Of World Organization, C. Wilfred Jenks 2016 International Labor Organization

Some Structural Dilemmas Of World Organization, C. Wilfred Jenks

Georgia Journal of International & Comparative Law

No abstract provided.


Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez 2016 Georgetown University Law Center

Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The American Law Institute has embarked on the challenging task of restating the confounding distinction between self-executing and non-self-executing treaties. In some respects, the current draft of the Fourth Restatement of Foreign Relations Law represents an advance from the treatment of the subject in the Third Restatement (Third). At the same time, the current draft retains, and may even aggravate, some of the flaws of that earlier treatment. This Essay suggests four ways the current draft could be improved. First, the draft should explicitly recognize that the concept of self-execution is not a unitary one. The "self-executing" label encompasses four ...


Clinical Clemency: Scaling Clemency Mountain With Student Guides, Adam Stevenson 2016 University of St. Thomas, Minnesota

Clinical Clemency: Scaling Clemency Mountain With Student Guides, Adam Stevenson

University of St. Thomas Law Journal

No abstract provided.


Preparing The Pardon Power For The 21st Century, P. S. Ruckman Jr. 2016 University of St. Thomas, Minnesota

Preparing The Pardon Power For The 21st Century, P. S. Ruckman Jr.

University of St. Thomas Law Journal

No abstract provided.


The President And The Pardon Power: A Bibliographic Essay, 1989-2015, Jeffrey Crouch 2016 University of St. Thomas, Minnesota

The President And The Pardon Power: A Bibliographic Essay, 1989-2015, Jeffrey Crouch

University of St. Thomas Law Journal

No abstract provided.


Reviewing Clemency In A Time Of Change, Mark Osler 2016 University of St. Thomas School of Law

Reviewing Clemency In A Time Of Change, Mark Osler

University of St. Thomas Law Journal

No abstract provided.


Foreign Policy And The Government Legal Adviser, Henry Darwin 2016 Foreign and Commonwealth Office

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Policy And The Government Legal Adviser, Stephen M. Schwebel 2016 Johns Hopkins University

Foreign Policy And The Government Legal Adviser, Stephen M. Schwebel

Georgia Journal of International & Comparative Law

No abstract provided.


Law Professors Want Hearing, Vote On Garland, Eric Berger, Kristen M. Blankley, Brian H. Bornstein, Eve M. Brank, Robert C. Denicola, Alan H. Frank, Stephen S. Gealy, Justin (Gus) Hurwitz, David Landis, Craig M. Lawson, Richard Leiter, William H. Lyons, Richard H. Lawson, Matt Novak, Allen Overcash, Stefanie S. Pearlman, Ross Pesek, Kevin Ruser, Robert F. Schopp, Anthony Schutz, Anna Williams Shavers, Brett C. Stohs, Ryan Sullivan, Richard L. Weiner, Steven L. Willborn, Sandra Zellmer 2016 University of Nebraska College of Law

Law Professors Want Hearing, Vote On Garland, Eric Berger, Kristen M. Blankley, Brian H. Bornstein, Eve M. Brank, Robert C. Denicola, Alan H. Frank, Stephen S. Gealy, Justin (Gus) Hurwitz, David Landis, Craig M. Lawson, Richard Leiter, William H. Lyons, Richard H. Lawson, Matt Novak, Allen Overcash, Stefanie S. Pearlman, Ross Pesek, Kevin Ruser, Robert F. Schopp, Anthony Schutz, Anna Williams Shavers, Brett C. Stohs, Ryan Sullivan, Richard L. Weiner, Steven L. Willborn, Sandra Zellmer

College of Law, Faculty Publications

Dear Senator Fischer and Senator Sasse,

We write this as citizens, but we all teach at the University of Nebraska College of Law. We hold different political viewpoints and disagree frequentIy with each other on political and legal issues. As law professors, however, we share a deep commitment to the rule of law and an impartial judiciary. We therefore urge you to hold confirmation hearings and a vote on President Obama's Supreme Court nominee, Chief Judge Merrick B. Garland.


Prosecuting Beyond The Rule Of Law: Corporate Mandates Imposed Through Deferred Prosecution Agreements, Jennifer Arlen 2016 NYU Law School

Prosecuting Beyond The Rule Of Law: Corporate Mandates Imposed Through Deferred Prosecution Agreements, Jennifer Arlen

New York University Public Law and Legal Theory Working Papers

U.S. corporate criminal enforcement policy encourages prosecutors to enter into deferred and non-prosecution agreements (D/NPAs) that impose corporate reform mandates on firms with detected misconduct. This article concludes that the process governing prosecutors’ use of D/NPA mandates is inconsistent with the rule of law. The rule of law requires that individual executive branch actors not be given sufficient authority to restrict the rights of others to achieve personal aims, including idiosyncratic conceptions of the public interest. To satisfy the rule of law, modern governments granting discretion to executive branch actors constrain this authority by both limiting the ...


Prosecuting Beyond The Rule Of Law: Corporate Mandates Imposed Through Deferred Prosecution Agreements, Jennifer Arlen 2016 NYU Law School

Prosecuting Beyond The Rule Of Law: Corporate Mandates Imposed Through Deferred Prosecution Agreements, Jennifer Arlen

New York University Law and Economics Working Papers

U.S. corporate criminal enforcement policy encourages prosecutors to enter into deferred and non-prosecution agreements (D/NPAs) that impose corporate reform mandates on firms with detected misconduct. This article concludes that the process governing prosecutors’ use of D/NPA mandates is inconsistent with the rule of law. The rule of law requires that individual executive branch actors not be given sufficient authority to restrict the rights of others to achieve personal aims, including idiosyncratic conceptions of the public interest. To satisfy the rule of law, modern governments granting discretion to executive branch actors constrain this authority by both limiting the ...


Making Parliament Irrelevant: A Postcard From India, Shubhankar Dam 2016 SMU School of Law

Making Parliament Irrelevant: A Postcard From India, Shubhankar Dam

Shubhankar Dam

Separation of powers is a common feature of modern constitutions. The three principal branches of government perform distinct functions. But they aren't exclusive; the functions often overlap. This article is about one such overlap: The power of the executive to make primary legislation. Ordinarily, Parliament makes laws in India. But the Indian executive also enjoys vast legislative powers. The Indian Constitution, in Article 123, authorises the executive to promulgate ordinances if certain conditions are satisfied. These ordinances are temporary; they lapse without parliamentary ratification in due course. What about reintroducing a lapsed ordinance? It is a byzantine workaround. Is ...


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