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Articles 192871 - 192900 of 195906
Full-Text Articles in Entire DC Network
Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat
Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat
Scholarship@WashULaw
This essay traces the history of the International Criminal Court from its establishment in 1998 until the current day. It briefly surveys the history of the Court’s founding and evokes many of its current challenges and innovative aspects of its jurisprudence, particularly regarding jurisdiction, immunities, and admissibility, including decisions relating to the Situations in Afghanistan, Bangladesh/Myanmar, Libya, Palestine, and Sudan. As the essay notes, although many challenges have emerged from internal difficulties the Court has faced or design elements of the Statute, external challenges arising from the geopolitical environment within which it operates exist as well. Despite these problems, which …
Payment For Order Flow And The Great Missed Opportunity, Joel Seligman
Payment For Order Flow And The Great Missed Opportunity, Joel Seligman
Scholarship@WashULaw
In late January and early February 2021, an astounding story of stock market price volatility captivated the nation. GameStop, a corporation that in recent years had prodigiously lost money – $492 million two years earlier, $296 million the last year for which it reported data – rose from a low of $2.57 to a high of $483. In January 2021 alone, GameStop had risen from a closing price of $17.25 on January 4 to a close of $347.61 on January 27 before falling 44 percent to a close of $193.60 on January 28, rising 68 percent to a close of …
Functions Of The Rule Of Law, Brian Z. Tamanaha
Functions Of The Rule Of Law, Brian Z. Tamanaha
Scholarship@WashULaw
This concise essay examines multiple manifest and latent functions of the rule of law. The rule of law is characterized as a society in which government officials and the populace are generally bound by and abide law. The functions covered include: personal and collective security and trust; integration of society; legal restrictions on officials; liberty and guiding conduct; economic development; a pivotal place for legal professionals; entrenching power structures; normative commitment and critical standard; and rhetoric. The discussion raises core issues about each function.
Disruptive Implications Of Legal Positivism’S Social Efficacy Thesis, Brian Z. Tamanaha
Disruptive Implications Of Legal Positivism’S Social Efficacy Thesis, Brian Z. Tamanaha
Scholarship@WashULaw
The social efficacy thesis holds that for law to exist it must be generally obeyed by the populace. Accepted by virtually all legal positivists, this is the most neglected thesis of legal positivism. Despite its nigh universal acceptance by theorists, however, the efficacy thesis is surrounded with unanswered questions with significant implications. Several questions immediately come to mind: How widespread must conformity to law be? What must people conform to (all areas of law)? Who must conform (legal officials, government officials, the entire populace, significant groups)? What does conformity entail (normatively, knowingly, behaviorally)? This essay explores these issues and a …
A Reconstruction Of Transnational Legal Pluralism And Law’S Foundations, Brian Z. Tamanaha
A Reconstruction Of Transnational Legal Pluralism And Law’S Foundations, Brian Z. Tamanaha
Scholarship@WashULaw
This essay addresses core theoretical issues surrounding global/transnational legal pluralism, taking up the work of leading theorists. First, I demonstrate that global legal pluralism is very different from earlier versions of legal pluralism (postcolonial and sociological). Next, I expose the flaw of over-inclusive conceptions of legal pluralism, which appears in the global legal pluralism of Paul Berman, and I explain why theoretical concepts of law cannot solve this flaw. I then address the profusion of private and hybrid regulatory forms on the domestic and transnational levels, and I mark the line between theory and practice. Thereafter, I expose problems with …
Pragmatic Reconstruction In Jurisprudence: Features Of A Realistic Theory, Brian Z. Tamanaha
Pragmatic Reconstruction In Jurisprudence: Features Of A Realistic Theory, Brian Z. Tamanaha
Scholarship@WashULaw
A century ago the pragmatists called for reconstruction in philosophy. Philosophy at the time was occupied with conceptual analysis, abstractions, a priori analysis, and the pursuit of necessary, universal truths. Pragmatists argued that philosophy instead should center on the pressing problems of the day, which requires theorists to pay attention to social complexity, variation, change, power, consequences, and other concrete aspects of social life. The parallels between philosophy then and jurisprudence today are striking, as I show, calling for a pragmatism-informed theory of law within contemporary jurisprudence. The realistic theory outlined in this essay focuses on what law does, what …
Asian Land Conflicts And The Great Transformation, Brian Z. Tamanaha
Asian Land Conflicts And The Great Transformation, Brian Z. Tamanaha
Scholarship@WashULaw
In The Great Transformation (1944), Karl Polanyi described the modern era in terms of the transformation of labor, land, and money into commodities, and the expansion of the market as the basic organizing principle of society—a transformation championed by liberal economic theory. This transformation brought enormous social dislocation and mass poverty, while the wealthy benefited the most. Polanyi opposed the nigh total destruction of traditional communities that had previously given meaning to peoples’ lives, and the dismal living conditions and economic insecurity of laboring masses that resulted. Central elements of Polanyi’s account are playing out today across the terrain of …
Legal Pluralism Across The Global South: Colonial Origins And Contemporary Consequences, Brian Z. Tamanaha
Legal Pluralism Across The Global South: Colonial Origins And Contemporary Consequences, Brian Z. Tamanaha
Scholarship@WashULaw
This essay conveys past and present legally plural situations across the Global South, highlighting critical issues. It provides readers with a deep sense of legal pluralism and an appreciation of its complexity and the consequences that follow. A brief overview of colonization sets the stage, followed by an extended discussion of colonial indirect rule, which formed the basis for political and legal pluralism. Thereafter, showing the continuity from past to present, I discuss the transformation-invention of customary law, socially embedded village tribunals, enhancement of the power of traditional elites, uncertainty and conflict over land, clashes between customary and religious law …
On Bankruptcy’S Promethean Gap: Building Enslaving Capacity Into The Antebellum Administrative State, Rafael I. Pardo
On Bankruptcy’S Promethean Gap: Building Enslaving Capacity Into The Antebellum Administrative State, Rafael I. Pardo
Scholarship@WashULaw
As the United States contends with the economic crisis triggered by the COVID-19 pandemic, federal bankruptcy law is one tool that can be used to resolve the financial distress suffered by individuals and businesses. When implementing this remedy, the question arises whether the law’s application should be viewed as limited to addressing private debt matters, without regard for the public interest. This Article answers the question by looking to modern U.S. bankruptcy law’s first forebear, the 1841 Bankruptcy Act, which Congress enacted in response to the depressed economic conditions following the Panic of 1837. That legislation created a judicially administered …
Migrant Labor Market Coercion: A Hayekian Approach, Daydeon Baron-Galbavi
Migrant Labor Market Coercion: A Hayekian Approach, Daydeon Baron-Galbavi
Student Scholarship
No abstract provided.
Funding On Empty, Carter Hall
Liberal Democracy In An Era Of Populism: An Analysis Of The Shifting Cultures Of Democracy, Abby Henry
Liberal Democracy In An Era Of Populism: An Analysis Of The Shifting Cultures Of Democracy, Abby Henry
Student Scholarship
No abstract provided.
The 2014 “Migrant Crisis” In The Us: What Does It Mean To Respond With Humanitarianism Or Deterrence, Jacqueline Figueroa
The 2014 “Migrant Crisis” In The Us: What Does It Mean To Respond With Humanitarianism Or Deterrence, Jacqueline Figueroa
Student Scholarship
No abstract provided.
The Impact Of Tank Size And Hormone Concentrations On Male-Male Clasping In Xenopus Laevis, Gabrielle P. Dufresne
The Impact Of Tank Size And Hormone Concentrations On Male-Male Clasping In Xenopus Laevis, Gabrielle P. Dufresne
Student Scholarship
No abstract provided.
Baking During Covid-19: Coping, Connecting, Creating, Ellen Pitstick
Baking During Covid-19: Coping, Connecting, Creating, Ellen Pitstick
Student Scholarship
No abstract provided.
Non-Reporting: A Systemic Epidemic, Millie Ball
Non-Reporting: A Systemic Epidemic, Millie Ball
Student Scholarship
No abstract provided.
Role Of Histone Modifications In Novel Epigenetic Uv Hyper-Resistance Phenotype In Saccharomyces Cerevisiae, Clairine Larsen
Role Of Histone Modifications In Novel Epigenetic Uv Hyper-Resistance Phenotype In Saccharomyces Cerevisiae, Clairine Larsen
Student Scholarship
No abstract provided.
Emotional Intelligence And Mental Well-Being Among College Student Athletes, Kelly O’Neill
Emotional Intelligence And Mental Well-Being Among College Student Athletes, Kelly O’Neill
Student Scholarship
No abstract provided.
Investigation Of The Relationships Between Component Side-Chain Identity And Bulk Material Properties Of Donor-Acceptor Columnar Liquid Crystals, Heaven Wade
Student Scholarship
No abstract provided.
Social Integration And High Achieving Columbus City Students: A Comprehensive Analysis, Maxwell Newton
Social Integration And High Achieving Columbus City Students: A Comprehensive Analysis, Maxwell Newton
Student Scholarship
No abstract provided.
I Can't Be A Good Black Woman, Temitope Sholola
I Can't Be A Good Black Woman, Temitope Sholola
Student Scholarship
No abstract provided.
Modern Antisemitism In Progressive Circles?, Jacob Dennen
Modern Antisemitism In Progressive Circles?, Jacob Dennen
Student Scholarship
No abstract provided.
The Spaces In-Between, Shruti Shankar
A New Liberation Theology Ending Racial Violence And Stigmatization: Theological Lessons From Black Lives Matter And Free Palestine, Rachel Duvall, Destiny Gonzalez
A New Liberation Theology Ending Racial Violence And Stigmatization: Theological Lessons From Black Lives Matter And Free Palestine, Rachel Duvall, Destiny Gonzalez
Student Scholarship
No abstract provided.
At The Bargaining Table: General Electric And The Jeffrey Manufacturing Company (A Case Study), Ethan Horgan
At The Bargaining Table: General Electric And The Jeffrey Manufacturing Company (A Case Study), Ethan Horgan
Student Scholarship
No abstract provided.
The Economic Implications Of The Belt And Road Initiative Through Case Studies Of Tajikistan And Italy, Sham Khuseynov, Soham Changani
The Economic Implications Of The Belt And Road Initiative Through Case Studies Of Tajikistan And Italy, Sham Khuseynov, Soham Changani
Student Scholarship
No abstract provided.
Silencing The Scapegoat: Analysis Of The Coverage Of Anti-Asian Violence By The Columbus Dispatch, Nhi Le
Silencing The Scapegoat: Analysis Of The Coverage Of Anti-Asian Violence By The Columbus Dispatch, Nhi Le
Student Scholarship
No abstract provided.
Ghostly Bodies: A Site Of Haunting, Alexis Noga
Ghostly Bodies: A Site Of Haunting, Alexis Noga
Student Scholarship
No abstract provided.
Missing Pages, Genevieve Pfister
An Economic Observation Of South Korea’S Manufacturing And Service Sectors Through The Lens Of Input Output, Theil Index, And Employment Analyses, Hao Nguyen
Student Scholarship
No abstract provided.