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1,395 full-text articles. Page 1 of 58.

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 ...


The Place Of Policy In International Law, Oscar Schachter 2016 United Nations Institute for Training and Research

The Place Of Policy In International Law, Oscar Schachter

Georgia Journal of International & Comparative Law

No abstract provided.


The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-McLaughlin 2016 Touro College Jacob D. Fuchsberg Law Center

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams 2016 Touro College Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck 2016 Touro College Jacob D. Fuchsberg Law Center

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky 2016 Touro College Jacob D. Fuchsberg Law Center

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


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 ...


Newsroom: Closing Guantanamo Isn't Enough 03-14-2016, Jared Goldstein 2016 Roger Williams University School of Law

Newsroom: Closing Guantanamo Isn't Enough 03-14-2016, Jared Goldstein

Life of the Law School (1993- )

No abstract provided.


Lightening The Load Or Losing Potential? Adr And The Courts Of Appeal, Paul Thies 2016 Pepperdine University

Lightening The Load Or Losing Potential? Adr And The Courts Of Appeal, Paul Thies

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Millennials, Equity, And The Rule Of Law: 2014 National Lawyers Convention, How First Amendment Procedures Protect First Amendment Substance, Erik S. Jaffe, Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugene Volokh, David R. Stras 2016 The Catholic University of America, Columbus School of Law

Millennials, Equity, And The Rule Of Law: 2014 National Lawyers Convention, How First Amendment Procedures Protect First Amendment Substance, Erik S. Jaffe, Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugene Volokh, David R. Stras

Catholic University Law Review

A panel, at the National Lawyers Convention, discussed procedure as it relates to First Amendment rights. The panel set forth how First Amendment procedures have historically protected First Amendment substance and discussed modern applications of the issue. For example, the prior restraint doctrine, overbreadth doctrine, the allocation of the burden of proof and relaxation of ripeness rules have important implications for challenging restrictions on speech and defending against libel and defamation.

The interaction of free speech and due process is often seen in litigation involving civil harassment orders, or civil protection orders. In many jurisidictions the definition of harassment permits ...


Publius's Political Science, John A. Ferejohn, Roderick M. Hills 2016 NYU Law School

Publius's Political Science, John A. Ferejohn, Roderick M. Hills

New York University Public Law and Legal Theory Working Papers

“Publius,” the collective author of The Federalist, was not just a polemicist and normative theorist but also a political scientist. We argue that the political psychology, and institutional predictions that comprise The Federalist are best understood as political science, because the predictions could be – and were – revised in light of “that best oracle of wisdom, experience” (Federalist 15). After outlining some “maintained hypotheses” about human nature that undergird The Federalist, we describe three respects in which James Madison revised, in light of post-1790 experience, Publius’ institutional predictions. The Federalist pressed the view that the national legislature would be the most ...


Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel Gomez 2016 Florida International University College of Law

Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel Gomez

Manuel A. Gómez

Media depictions of Burning Man focus on the picturesque and eccentric appearance of the weeklong affair. The event is sometimes misportrayed as a lawless environment where participants are encouraged to engage in rowdy behavior. Most carnivalesque events offer an escape from reality and are generally thought to enable unruly conduct. Despite stereotypes, Burning Man is a different beast. Not only is the crime rate in Black Rock City lower than any other city of comparable size, but Burners show a high level of cooperative and law abiding behavior that helps maintain the social order without depending on official means of ...


The Rule Of Law, Judicial Independence And Judicial Discretion, The Hon Justice Matthew Palmer 2016 High Court of New Zealand, Auckland

The Rule Of Law, Judicial Independence And Judicial Discretion, The Hon Justice Matthew Palmer

The Hon Justice Matthew Palmer

In this lecture, as Kwa Geok Choo Distinguished Visitor at the National University of Singapore, I offer a concept of the rule of law and apply it to four topics: international commercial dispute resolution; judicial review; judicial discretion; and constitutional dialogue.

A link to the address is on the Courts of New Zealand Website at https://www.courtsofnz.govt.nz/front-page/from/speeches-and-papers


The Rule Of Law, Judicial Independence And Judicial Discretion, The Hon Justice Matthew Palmer 2016 High Court of New Zealand, Auckland

The Rule Of Law, Judicial Independence And Judicial Discretion, The Hon Justice Matthew Palmer

The Hon Justice Matthew Palmer

In this lecture, as Kwa Geok Choo Distinguished Visitor at the National University of Singapore, I offer a concept of the rule of law and apply it to four topics: international commercial dispute resolution; judicial review; judicial discretion; and constitutional dialogue.

A link to the address is on the Courts of New Zealand Website at https://www.courtsofnz.govt.nz/front-page/from/speeches-and-papers


The Rule Of Law, Judicial Independence And Judicial Discretion, The Hon Justice Matthew Palmer 2016 High Court of New Zealand, Auckland

The Rule Of Law, Judicial Independence And Judicial Discretion, The Hon Justice Matthew Palmer

The Hon Justice Matthew Palmer

In this lecture, as Kwa Geok Choo Distinguished Visitor at the National University of Singapore, I offer a concept of the rule of law and apply it to four topics: international commercial dispute resolution; judicial review; judicial discretion; and constitutional dialogue.

A link to the address is on the Courts of New Zealand Website at https://www.courtsofnz.govt.nz/front-page/from/speeches-and-papers


Sporting Boycotts: Legal Intervention In The Sporting Arena, Bandini Chhichhia 2016 Loyola University of Chicago

Sporting Boycotts: Legal Intervention In The Sporting Arena, Bandini Chhichhia

Bandini Vijay Chhichhia

“I don’t want to play with you anymore!” an athlete screeches across the field with silent moral indignation. This typical kindergarten psychology has steeped into the human gene over the years. But what if such statements were made in the realm of international sport where national and international sporting codes, domestic legal systems, national policies, individual athlete contracts all militate against such symbolic acts of idealism? Many have found the answer in sporting boycotts. Sports and politics have had an incorrigible affair for centuries, where movements in one have undoubtedly yielded movement in the other and sporting boycotts have ...


The Contemporary Relevance Of Carl Schmitt: Law, Politics, Theology, Matilda Arvidsson, Leila Brännström, Panu Minkkinen 2015 Lund University

The Contemporary Relevance Of Carl Schmitt: Law, Politics, Theology, Matilda Arvidsson, Leila Brännström, Panu Minkkinen

Matilda Arvidsson

What does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt’s positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually limit themselves to historically isolating Schmitt into his Weimar or post-Weimar context, to reading him together with classics of political and legal philosophy, or to focusing exclusively on a particular aspect of Schmitt’s writings. Bringing together an international, and interdisciplinary, range of contributors, this book explores the question of Schmitt’s relevance for an understanding of ...


The Interfaces Between The National And International Rule Of Law: A Framework Paper, Machiko Kanetake 2015 Utrecht University

The Interfaces Between The National And International Rule Of Law: A Framework Paper, Machiko Kanetake

Machiko Kanetake

This framework paper sets out the multiple angles from which the interfaces between the national and international rule of law can be analysed. The paper begins with a brief account of the concept of the international rule of law (Section II). It moves on to discuss the ‘national’ reception of the international rule of law (Section III), the points of connection between the national and international rule of law (Section IV), and the ‘international’ reception of the national rule of law (Section V). The paper concludes with a theoretical and normative assessment of the interfaces.


Subsidiarity In The Practice Of International Courts, Machiko Kanetake 2015 Utrecht University

Subsidiarity In The Practice Of International Courts, Machiko Kanetake

Machiko Kanetake

No abstract provided.


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