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Canadian Integration And The Federal Bargain, Douglas M. Brown

Cardozo Journal of International and Comparative Law

The article examines the challenges facing Canada's federal system, particularly the tension between economic integration and equity. It argues that the foundation of Canada's federation, known as the "equity bargain," is under strain due to historical and contemporary pressures, including the Free Trade Agreement, fiscal crises, and constitutional debates. The analysis emphasizes the need for a revised federal bargain to address these challenges and ensure the stability of the federation.

Post-Communist Constitution-Making: Confessions Of A Comparatist (Part 1), Eric Stein

Cardozo Journal of International and Comparative Law

This essay will serve as a basis for the first part of a book on the constitutional developments in the Czech and Slovak Federative Republic. It carries the story essentially through the first year after the 1989 revolution. It was completed in May 1992 before it became obvious that the days of the common state were numbered. Part II will continue the narrative-still in a personal vein-against the background of the collapse of the negotiations for a "treaty" between the two component Republics that would provide a new legal basis for their co-existence, the radical change in the political scene …

Federalism And Nationalism In Post-Socialist Eastern Europe, Ellen Comisso

Cardozo Journal of International and Comparative Law

The article argues that federalism in post-socialist Eastern Europe, particularly in Yugoslavia, Czechoslovakia, and the Soviet Union, paradoxically facilitated partition rather than resolving national tensions. While federalism is often seen as a means to accommodate multinational societies, the analysis shows that in these cases, it instead provided institutional frameworks that enabled regional elites to pursue independence. The collapse of central authority and the political calculations of regional leaders, who prioritized maintaining power at the subnational level over preserving the federation, were key factors in the dissolution of these states. Nationalism, while present, often emerged as a consequence of these political …

Federalism, Secession, And The Limits Of Ethnic Accommodation: A Canadian Perspective, Robert Howse, Karen Knop

Cardozo Journal of International and Comparative Law

The article examines the limitations of federalism in addressing ethnic nationalism, focusing on case studies from Quebec and Lithuania. It argues that federalism alone is insufficient without robust protections for individual and minority rights, as increased regional power can exacerbate nationalist sentiments. The analysis critiques various justificatory models for secession, emphasizing the importance of balancing universal rights with national aspirations to achieve long-term stability and cohesion.

Secession: State Practice And International Law After The Dissolution Of The Soviet Union And Yugoslavia, Lawrence S. Eastwood Jr.

Duke Journal of Comparative & International Law

No abstract provided.

Human Rights In The Context Of Criminal Justice: Identifying International Procedural Protections And Equivalent Protections In National Constitutions, M. Cherif Bassiouni

Duke Journal of Comparative & International Law

No abstract provided.

A History And Evaluation Of Dworkin's Theory Of Law, Rudy V. Buller

Dalhousie Law Journal

If we consider Ronald Dworkin's essay, "The Model of Rules" ', to be the first expression of his theory of law, then we have reached the 25th anniversary of that theory. And there can be little doubt that, for the most part of the last quarter century, Professor Dworkin has been the most influential legal philosopher in the English-speaking world.

Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson

Faculty Publications

Miranda only protects suspects who the police subject to custodial interrogation. The concept of custody is tethered to the Fifth Amendment privilege against self-incrimination; thus, to render a suspect in custody, law enforcement officials must subject the suspect to a compelling environment that tends to undermine that privilege. In this article, Professor Richard A. Williamson examines the application of Miranda to Terry stops. He reviews the impact of the Beheler and Berkemer decisions, which held that suspects who officials stop based on reasonable suspicion, as opposed to suspects who officials arrest, are not entitled to Miranda warnings. Professor Williamson generally …

The Opinion Volume 33 Number 14 – March 18, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 18, 1993

Panel On The Indecency Standard And Regulation Of And By The Media, William J. Small, Irving Gastfreund, Carlton Long, Robert W. Peters, Judith P. Phil[Ips

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Sex, Violence, And Profanity: Rap Music And The First Amendment, Jon Christopher Wolfe

Mercer Law Review

Lauded by some and condemned by others, rap music does not want for a divergence of views on its nature, meaning, or message. The deluge of profanity coupled with vivid images and themes of sex and violence have provided fertile ground for discussion of rap's merits. Critics have characterized rap as "ugly macho boasting," "bombastic, self-aggrandizing," and "repulsive." Rap artist Ice Cube's Death Certificate album was the subject of a rare editorial comment by Billboard magazine deriding the lyrics as "the rankest sort of racism and hatemongering." Detractors fear that the violently negative messages promote a value system that celebrates …

Slavery And Race: An Essay On New Ideas And Enduring Shibboleths In The Interpretation Of The American Constitutional System, Joseph E. Claxton

Mercer Law Review

The signers of the Declaration of Independence boldly announced that "[w]e hold these truths to be self-evident," but more than two centuries later the debate over the nature and meaning of "these truths" still is waged with vigor and, on many occasions, great passion. Indeed, the descriptive term "self-evident" is enough in itself to inspire fundamental disagreement. To Americans about to enter a twenty-first century era of ultra-technology, it sometimes must seem that unless an idea is as "self-evident" as the arithmetical concept that 1 + 1 = 2, it is not self-evident at all.

The "self-evident" truth that "all …

Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form Private Jurisprudence Of Substance , James Boyle

Cornell Law Review

No abstract provided.

Surprised By Law, Emily Fowler Hartigan

BYU Law Review

No abstract provided.

The Abortion Question: Germany's Dilemma Delays Unification, Terri E. Owens

Louisiana Law Review

No abstract provided.

National Separation: Canada In Context - A Legal Perspective, Kevin Sneesby

Louisiana Law Review

No abstract provided.

Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo

Washington and Lee Law Review

No abstract provided.

Procedural Choices In Regulatory Science, Sheila Jasanoff

RISK: Health, Safety & Environment (1990-2002)

This paper compares four approaches to using science in regulatory decision making - one very similar to the Science Court proposal. Professor Jasanoff argues generally that that proposal would be less useful than procedures more sensitive to the distinctive characteristics of regulatory science.

Third Party Assignment, Statutes Of Limitation, And The Tax Refund Offset Program: Breathe A Little Easier Student Deadbeats, The Fifth Circuit Is On Your Side, Michael S. Smith

Vanderbilt Law Review

The economic downturn of the early 1990s has brought with it a dramatic increase in the number of defaults on student loans.' Legislators have thrashed about trying to plug the collection leaks with a myriad of legislative proposals. Despite this congressional movement, the United States Court of Appeals for the Fifth Circuit recently removed another rock from the dike of federal regulations that prevents the student loan program from completely drowning in unpaid debt. In Grider v. Cavazos, the Fifth Circuit held that Department of the Treasury (Treasury Department) regulations prohibit the Internal Revenue Service (IRS) from offsetting a delinquent …

Postmodernist Architectures In The Law Of Religion, Ruti G. Teitel

BYU Law Review

No abstract provided.

God Is Dead And We Have Killed Him!: Freedom Of Religion In The Post-Modem Age, Michael W. Mcconnell

BYU Law Review

No abstract provided.

Choice Of Language In Bilateral Treaties: Fifty Years Of Changing State Practice, John King Gamble, Charlotte Ku

Faculty Scholarship

The language in which treaties are written affects how widely and deeply treaty obligations are understood and, hence, followed.

Of course, many problems arise when the treaty does not have the same meaning in different languages.

The focus of this article is a different aspect of language in treaties--the choice of language or languages as official text or texts of bilateral treaties. Some research has addressed the broader issue of multiple use of languages in international organizations and multilateral treaties, but bilateral treaties have received scant attention. This inattention likely stems from the difficulty of examining the treaty practice of …

Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier

UF Law Faculty Publications

A “mature” science, according to Thomas Kuhn, can afford to be uncritical. It has finally answered to its practitioners' satisfaction the fundamental, foundational questions of their field. It finally rests (“for a time,” at least) on an established scientific achievement that epitomizes the accomplished, collective wisdom of an age and defines the terms, conditions, directions, and limits of further refining research. With this “paradigm” in place, researchers are spared the incessant and distracting reexamination of first principles, the extravagant costs of intellectual retooling; they can proceed with confidence, effectiveness, and efficiency to do what they do best: articulating and specifying …

Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier

Duke Law Journal

No abstract provided.

Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon

Scholarship Chronologically

DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …

Downward Departures: The Lower Envelope Of The Federal Sentencing Guidelines, Kirk D. Houser

Duquesne Law Review

No abstract provided.

Confident, But Still Not Positive, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Feminism And International Law: A Reply, Fernando R. Tesón

Scholarly Publications

Over the past several years, legal scholars have extended feminist theory to many areas of the law, and legal discourse has been enriched by feminist jurisprudence. Until recently, however, international law had not undergone a sustained feminist critique. This gap is now slowly being filled; a notable contribution to that effort is a recent article by Hilary Charlesworth, Christine Chinkin, and Shelley Wright.

This Essay presents a reply to the Charlesworth-Chinkin-Wright critique. Although much of this reply engages more general issues in feminist theory, it would be impossible, within the scope of this work, to address every important political, cultural, …

A Comparative Look At Refugee Status Based On Persecution Due To Membership In A Particular Social Group, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Mediation: A Systemic Alternative To Litigation For Resolution Of Church Employment Disputes, J. Michael Fitzgerald, Lynne M.L. Fitzgerald

St. Thomas Law Review

The Catholic Church is a multi-layered system composed of people, as well as entities (e.g., corporations, partnerships, etc.), many of which have been created in an American civil law model. They include, but are not limited to: local parish churches, schools, newspapers, radio and television stations, hospitals, nursing homes, cemeteries, hospices and credit unions. By necessity they employ people to carry out their functions. Disputes can and do arise between these employers and their employees. It has been proposed that methods which are compatible with the conciliatory ways of the Church can be implemented in resolving such disputes. Specifically, this …