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Rethinking Counterterrorism In The Age Of Isis, Sahar F. Aziz 2016 Texas A&M University School of Law

Rethinking Counterterrorism In The Age Of Isis, Sahar F. Aziz

Sahar F. Aziz

Failing states are havens for terrorism. A toxic combination of social, economic, and political crises attract violent extremist groups to establish bases in these lawless areas. As the groups grow in strength, the violence spreads from the immediate vicinity to the nation, region, and sometimes even other continents. One need only look to the terrorist attacks in New York, London, Madrid, and Paris as proof that terrorists operating out of failing states eventually set their sights on attacking Western capitals. Although the underlying causes of terrorism are often local, the violence is no longer constrained within a particular country or ...


Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin 2016 University of Maryland Francis King Carey School of Law

Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin

Faculty Scholarship

After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab ...


Stare Decisis As Judicial Doctrine, Randy J. Kozel 2016 Notre Dame Law School

Stare Decisis As Judicial Doctrine, Randy J. Kozel

Randy J Kozel

Stare decisis has been called many things, among them a principle of policy, a series of prudential and pragmatic considerations, and simply the preferred course. Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts.

This Article examines stare decisis as applied by the U.S. Supreme Court, our nation’s highest doctrinal authority. A review of the Court’s jurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely ...


The Voice Of The People: Public Participation In The African Continent, Rafael Macia 2016 Indiana University Maurer School of Law (Student)

The Voice Of The People: Public Participation In The African Continent, Rafael Macia

Indiana Journal of Constitutional Design

Public participation is becoming a more common characteristic of constitutional drafting processes around the world, and Africa has not been an exception in this regard. This paper seeks to survey several of the public participation processes undertaken in a number of African nations, in order to examine the methods followed and the effects produced by such processes. For that purpose, I have analyzed the constitutional drafting efforts in South Africa, Uganda, Eritrea, Zimbabwe, Rwanda, Kenya, and Egypt. These processes all show different circumstances and approaches, with variations in terms of their top-down or bottom-up nature, and, more importantly, in terms ...


National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly 2016 Penn State Law

National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly

Penn State Journal of Law & International Affairs

No abstract provided.


Addressing The Problem Of Implementing The Hague Abduction Convention On The Civil Aspects Of International Child Abduction Between The U.S. And Mexico, Breanna Atwood 2016 Penn State Law

Addressing The Problem Of Implementing The Hague Abduction Convention On The Civil Aspects Of International Child Abduction Between The U.S. And Mexico, Breanna Atwood

Penn State Journal of Law & International Affairs

No abstract provided.


The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen 2016 Penn State Law

The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen

Penn State Journal of Law & International Affairs

No abstract provided.


International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song 2016 Penn State Law

International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song

Penn State Journal of Law & International Affairs

No abstract provided.


Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca R. Jensenius, Abby K. Wood 2016 Penn State Law

Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca R. Jensenius, Abby K. Wood

Penn State Journal of Law & International Affairs

No abstract provided.


Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye E. Orloff 2016 Penn State Law

Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye E. Orloff

Penn State Journal of Law & International Affairs

No abstract provided.


The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant 2016 Penn State Law

The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant

Penn State Journal of Law & International Affairs

No abstract provided.


Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin 2016 Penn State Law

Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin

Penn State Journal of Law & International Affairs

No abstract provided.


How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson 2016 University of Pennsylvania Law School

How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

This is a chapter from the new book The Vigilante Echo. Previous chapters have made clear that some vigilantism can be morally justified where the government has failed in its promise under the social contract to protect and to do justice. But this chapter explains how even moral vigilante action can be problematic for the larger society. Vigilantes may try to do the right thing but are likely to lack the training and professional neutrality of police. They may be successful, but only on pushing the crime problem to an adjacent neighborhood. Because their open lawbreaking may seem admirable to ...


Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson 2016 University of Pennsylvania Law School

Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

The real danger of the vigilante impulse is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways, by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect the operation of the system in a host of important ways. For example, when people act as classic ...


“Please Stop Telling Her To Leave.” Where Is The Money: Reclaiming Economic Power To Address Domestic Violence, Margo Lindauer 2016 Seattle University School of Law

“Please Stop Telling Her To Leave.” Where Is The Money: Reclaiming Economic Power To Address Domestic Violence, Margo Lindauer

Seattle University Law Review

In this Article, I argue that economic dependence is a critical factor in violence prevention. For many victims of domestic violence, the economic entanglement with an abusive partner is too strong to sever contact without another source of economic support. This Article is a thought experiment in economic justice; it asks the question: is there a way to provide outside economic support for a victim of violence fleeing a battering partner? In this Article, I examine existing systems such as Social Security, unemployment assistance, work-readiness programs, crowd sourcing, and others to evaluate how these sources could provide emergency economic support ...


If It (Ain’T) Broke, Don’T Fix It: Twombly, Iqbal, Rule 84, And The Forms, Justin Olson 2016 Seattle University School of Law

If It (Ain’T) Broke, Don’T Fix It: Twombly, Iqbal, Rule 84, And The Forms, Justin Olson

Seattle University Law Review

The past decade has not been kind to the Federal Rules of Civil Procedure (the Rules). From the growth of summary judgment as a mechanism to let judges instead of juries determine facts, to the love–hate relationship with class actions, judicial interpretations of the Rules have revealed a trend toward complicating the ability of plaintiffs to find redress for their claims. Nowhere is this more apparent than in the shifting standards of pleading requirements under Rule 8. Much has been written by academics and practitioners alike regarding the ripples caused by Twombly and Iqbal. Although the Court would like ...


Jurisprudence Between Science And The Humanities, Dan Priel 2016 York University

Jurisprudence Between Science And The Humanities, Dan Priel

Dan Priel

For a long time philosophy has been unique among the humanities for seeking closer alliance with the sciences. In this Article I examine the place of science in relation to legal positivism. I argue that, historically, legal positivism has been advanced by theorists who were also positivists in the sense the term is used in the philosophy of social science: they were committed to the idea that the explanation of social phenomena should be conducted using similar methods to those used in the natural sciences. I then argue that since around 1960 jurisprudence, and legal positivism in particular, has undergone ...


Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen 2016 University of Iowa College of Law

Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen

Jason Rantanen

No abstract provided.


From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva 2016 Osgoode Hall York University

From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva

Benjamin Geva

No abstract provided.


The Two Faces Of The Foreign Intelligence Surveillance Court, Emily Berman 2016 University of Houston Law Center

The Two Faces Of The Foreign Intelligence Surveillance Court, Emily Berman

Indiana Law Journal

When former National Security Agency contractor Edward Snowden leaked a massive trove of information about secret intelligence-collection programs implemented under the Foreign Intelligence Surveillance Act in the summer of 2013, U.S. surveillance activities were thrust to the forefront of public debate. This debate included the question of whether and how to reform the Foreign Intelligence Surveillance Court (“FISA Court”), the statutorily created secret court that reviews government applications to conduct surveillance in the United States. This discussion, however, has underemphasized a critical feature of the way the FISA Court works. As this Article will show, since the terrorist attacks ...


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