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Articles 241 - 270 of 6678
Full-Text Articles in Entire DC Network
Legal Realism Explains Nothing, Anthony D'Amato
Legal Realism Explains Nothing, Anthony D'Amato
Faculty Working Papers
I argue that American legal realism as derived from Oliver Wendell Holmes's prediction theory of law was misinterpreted, and that a deeper examination of law-as-prediction might help to reduce the pathology of judicial lawmaking that has been the unfortunate consequence of legal realism.
Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato
Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato
Faculty Working Papers
The question for us international lawyers is how, and how much of, public sentiment for human rights has been transformed into binding international law.
Strategic Globalization: International Law As An Extension Of Domestic Political Conflict, Jide Nzelibe
Strategic Globalization: International Law As An Extension Of Domestic Political Conflict, Jide Nzelibe
Faculty Working Papers
Traditional accounts in both the international law and international relations literature largely assume that great powers like the United States enter into international legal commitments in order to resolve global cooperative problems or to advance objective state interests. Contrary to these accounts, this Article suggests that an incumbent regime (or partisan elites within the regime) may often seek to use international legal commitments to overcome domestic obstacles to their narrow policy and electoral objectives. In this picture, an incumbent regime may deploy international law to expand the geographical scope of political conflict across borders in order to isolate the domestic …
Why Accommodate? Reflections On The Gay Marriage Culture Wars, Maggie Gallagher
Why Accommodate? Reflections On The Gay Marriage Culture Wars, Maggie Gallagher
Northwestern Journal of Law & Social Policy
If same-sex marriage is a basic right, then why accommodate opposing views? This Article proposes four potential types of reasons why citizens, legislators, and/or judges who endorse gay marriage should consider accommodating those with opposing views on marriage: practical, civic, moral sympathy, and principle. It argues that the most urgent need is to develop the argument arguments from civic good and moral sympathy, such as those which have undergirded conscience protections for abortion.The Article further explains why people from traditional faith communities reasonably fear that same-sex marriage will be used as a weapon to repress religious and moral dissent and …
Judicial Politics And International Investment Arbitration: Seeking An Explanation For Conflicting Outcomes, David Schneiderman
Judicial Politics And International Investment Arbitration: Seeking An Explanation For Conflicting Outcomes, David Schneiderman
Northwestern Journal of International Law & Business
In taking on the controversial debate over the role of state attorneys general in antitrust enforcement, the article draws upon recent legal and historical scholarship on federalism to argue that globalization requires a paradigm change in concepts of U.S. federalism. While many assume that increasing international economic integration makes state participation in economic regulation with international implications inherently problematic, the article demonstrates that, to the contrary, states have an important role to play in the regulation of international business. States have a long history of challenging the federal government in a way that has promoted a robust national dialogue on …
Coping With Uncertainty: The Role Of Contracts In Russian Industry During The Transition To The Market, Kathryn Hendley
Coping With Uncertainty: The Role Of Contracts In Russian Industry During The Transition To The Market, Kathryn Hendley
Northwestern Journal of International Law & Business
In the decade following the collapse of the Soviet Union, Russia earned a reputation for being a chaotic environment for business. Some commentators went so far as to label it as the "Wild East," a scary place where law was largely irrelevant and criminal gangs held sway. In a series of articles, I have begun to fill this gap in the literature by exploring the day-to-day reality of life for industrial enterprises in Yeltsin's Russia. The picture that emerges is more nuanced than the stereotype of industry beholden to the mafia that the popular media has perpetuated. In this article, …
Rights As Footprints: A New Metaphor For Contemporary Human Rights Practice, Katharine Young, Jeremy Perelman
Rights As Footprints: A New Metaphor For Contemporary Human Rights Practice, Katharine Young, Jeremy Perelman
Northwestern Journal of Human Rights
As the discourse of human rights becomes ever more widespread, the analysis of contemporary human rights practice must contend with its pluralistic and contradictory features. In this Article, we introduce the metaphor of rights as "footprints." We suggest that this metaphor captures the expressive and constitutive role of rights, and provides a critical tool with which to understand the accomplishments of the human rights field. In doing so, we document a right-to-health campaign in Accra, Ghana, which sought to end the human rights infringements that arose from the financing of health care through user fees. These infringements occurred when public …
Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of "Defamation Of Religion", Robert C. Blitt
Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of "Defamation Of Religion", Robert C. Blitt
Northwestern Journal of Human Rights
The emerging international human rights norm of "defamation of religion," an ongoing flashpoint in debates at the United Nations (UN) and elsewhere, merits the attention of all parties playing a role in the drafting of new bills of rights. This article uses the case study of defamation of religion, as an emerging norm and the current debate over a possible Australian bill of rights, to argue that a well-rounded drafting process. This drafting process should contemplate the relevancy and impact of emerging norms as a means of enhancing the process, deepening domestic understanding of rights, and ensuring an outcome instrument …
A Century Of Criminal Law And Criminology, Amy Deline
A Century Of Criminal Law And Criminology, Amy Deline
Journal of Criminal Law and Criminology
No abstract provided.
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Journal of Criminal Law and Criminology
No abstract provided.
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner
Journal of Criminal Law and Criminology
No abstract provided.
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe
Journal of Criminal Law and Criminology
No abstract provided.
Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton
Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton
Journal of Criminal Law and Criminology
No abstract provided.
Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman
Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman
Journal of Criminal Law and Criminology
No abstract provided.
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz
Journal of Criminal Law and Criminology
No abstract provided.
Offending Women: A Double Entendre, Joanne Belknap
Offending Women: A Double Entendre, Joanne Belknap
Journal of Criminal Law and Criminology
No abstract provided.
Bill Clinton's Parting Pardon Party, Albert W. Alschuler
Bill Clinton's Parting Pardon Party, Albert W. Alschuler
Journal of Criminal Law and Criminology
No abstract provided.
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Journal of Criminal Law and Criminology
No abstract provided.
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring
Journal of Criminal Law and Criminology
No abstract provided.
A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley
A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley
Journal of Criminal Law and Criminology
No abstract provided.
The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye
The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye
Journal of Criminal Law and Criminology
No abstract provided.
Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey
Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey
Journal of Criminal Law and Criminology
No abstract provided.
Learning From Error In American Criminal Justice, James M. Doyle
Learning From Error In American Criminal Justice, James M. Doyle
Journal of Criminal Law and Criminology
No abstract provided.
The Undermining Influence Of The Federal Death Penalty On Capital Policymaking And Criminal Justice Administration In The States, Eileen M. Connor
The Undermining Influence Of The Federal Death Penalty On Capital Policymaking And Criminal Justice Administration In The States, Eileen M. Connor
Journal of Criminal Law and Criminology
No abstract provided.
Denying Defendants The Benefit Of A Reasonable Doubt: Federal Rule Of Evidence 609 And Past Sex Crime Convictions, Julia T. Rickert
Denying Defendants The Benefit Of A Reasonable Doubt: Federal Rule Of Evidence 609 And Past Sex Crime Convictions, Julia T. Rickert
Journal of Criminal Law and Criminology
No abstract provided.
When The Law Preserves Injustice: Issues Raised By A Wrongful Incarceration Exception To Attorney-Client Confidentiality, Inbal Hasbani
When The Law Preserves Injustice: Issues Raised By A Wrongful Incarceration Exception To Attorney-Client Confidentiality, Inbal Hasbani
Journal of Criminal Law and Criminology
No abstract provided.
A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones
A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones
Journal of Criminal Law and Criminology
No abstract provided.
Catch And Release: Procedural Unfairness On Primetime Television And The Perceived Legitimacy Of The Law, Thomas Gaeta
Catch And Release: Procedural Unfairness On Primetime Television And The Perceived Legitimacy Of The Law, Thomas Gaeta
Journal of Criminal Law and Criminology
No abstract provided.
Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover
Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover
Journal of Criminal Law and Criminology
No abstract provided.
Police Checkpoints: Lack Of Guidance From The Supreme Court Contributes To Disregard Of Civil Liberties In The District Of Columbia, Jason Fiebig
Journal of Criminal Law and Criminology
No abstract provided.