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Articles 11101 - 11130 of 20096
Full-Text Articles in Entire DC Network
Harm, Ambiguity, And The Regulation Of Illegal Contracts, Adam Badawi
Harm, Ambiguity, And The Regulation Of Illegal Contracts, Adam Badawi
Articles
No abstract provided.
A New Systematic Explanation Of The Types And Mitigating Effects Of Exculpatory Defenses, Jim Staihar
A New Systematic Explanation Of The Types And Mitigating Effects Of Exculpatory Defenses, Jim Staihar
Articles
When someone performs a criminal act, there is a rebuttable presumption that she is particularly blameworthy and liable to a particularly severe punishment for the act. The presumption is rebutted when the criminal actor has an exculpatory defense. Such defenses mitigate how much a criminal actor is blameworthy and liable to be punished for her act. In this paper, I begin by spelling out a taxonomy of the main types of exculpatory defenses. Then I argue that a restorative signaling theory of punitive desert best explains why such defenses have their mitigating effects. According to the theory, how much someone …
The Bush Administration And International Law: Too Much Lawyering And Too Little Diplomacy, Curtis A. Bradley
The Bush Administration And International Law: Too Much Lawyering And Too Little Diplomacy, Curtis A. Bradley
Articles
No abstract provided.
The United States, Israel & Unlawful Combatants, Curtis A. Bradley
The United States, Israel & Unlawful Combatants, Curtis A. Bradley
Articles
The Essay considers how members of a terrorist organization should be categorized under international law when the organization is engaged in an armed conflict with a nation. In particular, the essay discusses whether these members can properly be categorized as a type of “combatant” or whether they must instead always be categorized as “civilians.” The proper categorization can have significant implications for the nation’s authority under international law (and potentially also domestic law) to subject members of a terrorist organization to military targeting and detention. The United States and Israel currently have different legal approaches to the question, and the …
Foreign Officials And Sovereign Immunity In U.S. Courts, Curtis A. Bradley
Foreign Officials And Sovereign Immunity In U.S. Courts, Curtis A. Bradley
Articles
The Foreign Sovereign Immunities Act (FSIA) provides that foreign states shall be immune from the jurisdiction of U.S. courts unless the suit falls within a specified statutory exception to immunity. There is currently a conflict among the federal circuit courts over whether suits against individual foreign officials are covered by the FSIA. If such suits are not covered by the FSIA, additional questions are raised concerning a possible common law immunity for foreign officials. This Insight describes both the conflict and the additional questions.
Foreword: Fault In Contract Law, Omri Ben-Shahar, Ariel Porat
Foreword: Fault In Contract Law, Omri Ben-Shahar, Ariel Porat
Articles
No abstract provided.
The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox
The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox
Articles
No abstract provided.
Rule Of Law: What Does It Mean?, Robert Stein
Rule Of Law: What Does It Mean?, Robert Stein
Articles
I congratulate the Editors of the Journal of International Law on organizing this Symposium on the subject of the Rule of Law, specifically, Creating a Rule of Law Culture. The Journal was established during the time I served as Dean of the Law School, and I take pride in the way it has grown through the years.
Teaching The Rule Of Law, Robert Stein
Teaching The Rule Of Law, Robert Stein
Articles
We have heard throughout the day of the enormous amount of rule of law work going on all over the world. This primarily began in the early nineties after the fall of the Berlin Wall and the collapse of the Soviet Union.
What Explains Persistent Racial Disproportionality In Minnesota's Prison And Jail Populations?, Richard Frase
What Explains Persistent Racial Disproportionality In Minnesota's Prison And Jail Populations?, Richard Frase
Articles
No abstract provided.
The Mostly Unintended Effects Of Mandatory Penalties: Two Centuries Of Consistent Findings, Michael Tonry
The Mostly Unintended Effects Of Mandatory Penalties: Two Centuries Of Consistent Findings, Michael Tonry
Articles
No abstract provided.
The Untold Story Of America's First Sentencing Commission, Michael Tonry
The Untold Story Of America's First Sentencing Commission, Michael Tonry
Articles
No abstract provided.
Second Look Provisions In The Proposed Model Penal Code Revisions, Richard Frase
Second Look Provisions In The Proposed Model Penal Code Revisions, Richard Frase
Articles
No abstract provided.
Norval Morris's Contributions To Sentencing Structures, Theory, And Practice, Richard Frase
Norval Morris's Contributions To Sentencing Structures, Theory, And Practice, Richard Frase
Articles
No abstract provided.
So Much More Than A "Harmless Drudge": Samuel Johnson And His Dictionary, Joan Howland
So Much More Than A "Harmless Drudge": Samuel Johnson And His Dictionary, Joan Howland
Articles
No abstract provided.
Differential Compensation And The "Race To The Bottom" In Consumer Insurance Markets, Daniel Schwarcz
Differential Compensation And The "Race To The Bottom" In Consumer Insurance Markets, Daniel Schwarcz
Articles
No abstract provided.
The Modern Law Of Corporate Groups: An Empirical Study Of Piercing The Corporate Veil In The Parent-Subsidiary Context, John H. Matheson
The Modern Law Of Corporate Groups: An Empirical Study Of Piercing The Corporate Veil In The Parent-Subsidiary Context, John H. Matheson
Articles
Today, massive corporations – both national and international – dominate financial and commercial activities, exercising enormous economic power. The standard organizational structure for these businesses has a parent corporation as the sole shareholder of multiple, separately incorporated operating subsidiaries (or layers of subsidiaries) in a corporate group. One particular application of the law of corporate groups entails dealing with the ramifications of subsidiary insolvency. Given the massive financial assets of many multinational parent corporations, actions to ignore the legal separateness of a corporate subsidiary of a parent company offer some of the biggest potential payoffs for claimants. In today's global …
A Traditionalist Case For Gay Marriage, Dale Carpenter
A Traditionalist Case For Gay Marriage, Dale Carpenter
Articles
I will present here the outline of an argument for same-sex marriage within a particular school of conservatism. Let's call it traditionalism or Burkeanism, after the eighteenth century British statesman and writer Edmund Burke. It is important, I think, to note at the outset what I am not talking about. I am not talking about libertarianism. It is not economic conservatism. It is not neo-conservatism. It is not religious conservatism. And it is not compassionate conservatism.
The Administration Of Justice And Human Rights, David Weissbrodt
The Administration Of Justice And Human Rights, David Weissbrodt
Articles
This article discusses the place of international human rights standards - as elaborated in global and regional treaties, other instruments, and authoritative interpretations - in the advancement of the administration of justice. The administration of justice includes the norms, institutions, and frameworks by which states seek to achieve fairness and efficiency in dispensing criminal, administrative, and civil justice. The United Nations, regional organisations, and other international structures have codified a substantial framework of fair trial and other administration of justice standards, which have been accepted, albeit not always followed, by most nations and which have begun to be used in …
Stability And Change In International Customary Law, Vincy Fon, Francesco Parisi
Stability And Change In International Customary Law, Vincy Fon, Francesco Parisi
Articles
No abstract provided.
A Missed Opportunity: Minnesota's Failed Experiment With Choice-Based Integration, Margaret Hobday, Geneva Finn, Myron Orfield
A Missed Opportunity: Minnesota's Failed Experiment With Choice-Based Integration, Margaret Hobday, Geneva Finn, Myron Orfield
Articles
No abstract provided.
Climate Change And Reassessing The "Right" Level Of Government: A Response To Bronin, Alexandra B. Klass
Climate Change And Reassessing The "Right" Level Of Government: A Response To Bronin, Alexandra B. Klass
Articles
Climate change has caused lawmakers, policymakers, and scholars to reassess the traditional role of federal, state, and local governments to regulate a broad range of environmental, energy, and land-use issues. While the problem of climate change would appear to be best addressed at the international, or at least the federal level, it has been local governments and states that have taken the first and most important steps in recognizing the problem and experimenting with different ways to address it. While some of these experiments show how the "lower" levels of government can have a significant and positive impact on national-level …
Carbon Capture And Sequestration: Identifying And Managing Risks, Alexandra B. Klass, Elizabeth J. Wilson
Carbon Capture And Sequestration: Identifying And Managing Risks, Alexandra B. Klass, Elizabeth J. Wilson
Articles
Carbon capture and geologic sequestration (CCS) technology promises to provide deep emissions cuts, particularly from coal power generation, but deploying CCS creates risks of its own. This article first considers the risks associated with CCS, which involves capturing CO{sub 2} emissions from industrial sources and power plants, transporting the CO{sub 2} by pipeline, and injecting it underground for permanent sequestration. The article then suggests ways in which these risks can be minimized and managed and considers more broadly when or if CCS should be deployed or whether its use should be limited or rejected in favor of other solutions.
Protecting Them From Themselves: The Persistence Of Mutual Benefits Arguments For Sex And Race Inequality, Jill Elaine Hasday
Protecting Them From Themselves: The Persistence Of Mutual Benefits Arguments For Sex And Race Inequality, Jill Elaine Hasday
Articles
Defenders of sex and race inequality often contend that women and people of color are better off with fewer rights and opportunities. This claim straddles substantive debates that are rarely considered together, linking such seemingly disparate disputes as the struggles over race-based affirmative action, antiabortion laws, and marital rape exemptions. The argument posits that women and people of color attempting to secure expanded rights and opportunities do not understand their own best interests and do not realize that they benefit from limits on their prerogatives and choices. Indeed, proponents of this argument insist that restricting the rights and opportunities available …
Gendering The Declaration, Fionnuala Ní Aoláin
Gendering The Declaration, Fionnuala Ní Aoláin
Articles
As the Universal Declaration on Human Rights celebrates its sixtieth anniversary this article examines the gendered foundations of the document. Drawing on its drafting history the article concludes that despite considerable advances contained within it the document has many limitations. Over the years, greater attention has been focused on the ways in which the Universal Declaration has advanced claims for gender equality. As the document's influence and status have magnified, its gendered boundaries are in plainer sight. Moreover, as feminists have systematically exposed the entrenched biases of international law, the Universal Declaration does not emerge from scrutiny unscathed. This article …
Punitive Damages After Exxon Shipping Company V. Baker: The Quest For Predictability And The Role Of Juries, Alexandra Klass
Punitive Damages After Exxon Shipping Company V. Baker: The Quest For Predictability And The Role Of Juries, Alexandra Klass
Articles
This Symposium Essay considers the impact of the Supreme Court’s 2008 decision in Exxon Shipping Company v. Baker on the ability of juries to award punitive damages in a manner that comports with the law. In that case, the Court continued its two-decade crusade to place federal limits on punitive damages awards. The Exxon case was a federal maritime case arising out of the 1989 grounding of the Exxon Valdez in Prince William Sound, Alaska, resulting in arguably the biggest environmental disaster in U.S. history. In its decision, the Court for the first time identified “unpredictability” as the fundamental problem …
Empirical Legal Studies Before 1940: A Bibliographic Essay, Herbert M. Kritzer
Empirical Legal Studies Before 1940: A Bibliographic Essay, Herbert M. Kritzer
Articles
The modern empirical legal studies movement has well-known antecedents in the law and society and law and economics traditions of the latter half of the 20th century. Less well known is the body of empirical research on legal phenomena from the period prior to World War II. This paper is an extensive bibliographic essay that surveys the English language empirical legal research from approximately 1940 and earlier. The essay is arranged around the themes in the research: criminal justice, civil justice (general studies of civil litigation, auto accident litigation and compensation, divorce, small claims, jurisdiction and procedure, civil juries), debt …
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Articles
This Article considers the broad range of tort experiments states have undertaken in recent years as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, as states have engaged in well-publicized tort reform efforts in the products liability and personal injury areas, they have also increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, just as the Supreme Court was beginning its so-called federalism revolution of the 1990s to limit Congressional authority in the name of states' rights, …
Coordinating Cross-Border Bankruptcy: How Territorialism Saves Universalism, Edward Adams, Jason Fincke
Coordinating Cross-Border Bankruptcy: How Territorialism Saves Universalism, Edward Adams, Jason Fincke
Articles
This article explores the difficulties of coordinating cross-border bankruptcies. These difficulties arise from the lack of a binding set of uniform international rules, forcing multinational businesses to look to domestic laws for guidance. The problem is that without coordinated, concurrent insolvency proceedings, an effective reorganization of a multinational corporation is impossible because a multitude of separate judgments ultimately leads to the dismemberment of a debtor's estate.To address this challenge, an increasing number of countries – including the United States and several European countries such as Germany, Poland, Romania, Spain, and the United Kingdom – have enacted a Model Law on …
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth Okediji
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth Okediji
Articles
The WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (WIPO Internet Treaties) recite a need for a digital copyright framework to facilitate 'adequate solutions to questions raised by new economic, social, cultural and technological developments.' It can hardly be contested that the social and cultural developments to which the Treaties refer do not derive from the cultural or economic conditions (much less technological developments) of the developing and least-developed countries. Consistent with their predecessors, the WIPO Internet Treaties marginalize collaborative forms of creative engagement with which citizens in the global South have long identified and continue in the …