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Journal

2015

Discipline
Institution
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Publication
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Articles 31 - 60 of 7952

Full-Text Articles in Law

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss Dec 2015

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.


Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao Dec 2015

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.


Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia Dec 2015

Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia

Catholic University Journal of Law and Technology

No abstract provided.


Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport Dec 2015

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.


Cover, Masthead & Contents Dec 2015

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Invitation Au Voyage, Olivier Moréteau Dec 2015

Invitation Au Voyage, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.


Louisiana Civil Code - Code Civil De Louisiane : Book Ii – Livre Ii, Center Of Civil Law Studies Dec 2015

Louisiana Civil Code - Code Civil De Louisiane : Book Ii – Livre Ii, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.


Transatlantic Intercultural Legal Communication In The 19th Century: K.J.A. Mittermaier And The Schmidt Brothers, Carl And Gustavus, Kjell A. Modéer Dec 2015

Transatlantic Intercultural Legal Communication In The 19th Century: K.J.A. Mittermaier And The Schmidt Brothers, Carl And Gustavus, Kjell A. Modéer

Journal of Civil Law Studies

No abstract provided.


“Against Interpretation”? On Global (Non-)Law, The Breaking-Up Of Homo Juridicus, And The Disappearance Of The Jurist, Luca Siliquini-Cinelli Dec 2015

“Against Interpretation”? On Global (Non-)Law, The Breaking-Up Of Homo Juridicus, And The Disappearance Of The Jurist, Luca Siliquini-Cinelli

Journal of Civil Law Studies

This paper investigates the nullification of homo juridicus and the vanishing of the jurist in relation to the liberal global-order project and the emergence and spread of soft-networked channels of post-national governance. By inquiring into the shift from the individual’s active will to the sterile behavioural schemes prompted by the universalisation of liberalism and economic analysis of social interactions, it will be argued that the jurist and the (rule of) law are no longer needed in a post-national system of rational and mechanic causations. Through an analysis of Susan Sontag’s and Josef Esser’s accounts for and against the interpretative task, …


Secundum Civilis: The Constitution As An Enlightenment Code, Derek Warden Dec 2015

Secundum Civilis: The Constitution As An Enlightenment Code, Derek Warden

Journal of Civil Law Studies

The American Constitution has been the subject of heated debate since its formation. This article simply introduces a new argument. It suggests that there exists a “form”1 of an Enlightenment era code, which is met by the Constitution, and that the requirements of this form can be derived from inspection of the three great codes of the time: the Prussian, the Austrian, and the French. It further notes that these requirements are (1) Roman law influence; (2) natural law influence; and (3) that they perform the same functions—they abrogate the prior laws on their respective subjects and they are “complete” …


South Africa - Trusts And The Patrimonial Consequences Of Divorce: Recent Developments In South Africa, François Du Toit Dec 2015

South Africa - Trusts And The Patrimonial Consequences Of Divorce: Recent Developments In South Africa, François Du Toit

Journal of Civil Law Studies

No abstract provided.


Louisiana Property Law—The Civil Code, Cases And Commentary, Yaëll Emerich Dec 2015

Louisiana Property Law—The Civil Code, Cases And Commentary, Yaëll Emerich

Journal of Civil Law Studies

No abstract provided.


Dictionary Of The Civil Code, Jean-Claude Gémar Dec 2015

Dictionary Of The Civil Code, Jean-Claude Gémar

Journal of Civil Law Studies

No abstract provided.


Complete V.8 No.2 Dec 2015

Complete V.8 No.2

Journal of Civil Law Studies

No abstract provided.


The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen Dec 2015

The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen

BYU Law Review

No abstract provided.


Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez Dec 2015

Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez

BYU Law Review

No abstract provided.


Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović Dec 2015

Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović

Penn State Journal of Law & International Affairs

No abstract provided.


2015–2016 Byu Law Review Masthead Dec 2015

2015–2016 Byu Law Review Masthead

BYU Law Review

No abstract provided.


A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal Dec 2015

A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal

BYU Law Review

No abstract provided.


Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss Dec 2015

Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss

BYU Law Review

No abstract provided.


Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann Dec 2015

Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann

The University of Notre Dame Australia Law Review

This article critically analyses the recent US Supreme Court decision in Obergefell v Hodges, the samesex marriage case. The court in Obergefell put a stop to the democratic process by removing an important issue from the realm of democratic deliberation. These unelected judges held that their nation’s federal constitution should ‘evolve’ in a way that is supported by neither the document’s language, nor its history or authority. In short, they have imposed their worldview on the people at the expense of federalism and the democratic process. This is why Justice Alito was so correct to state that such an exercise …


What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith Dec 2015

What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith

BYU Law Review

The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles …


Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen Dec 2015

Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen

BYU Law Review

The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American Law Institute undoubtedly has good reasons for its approach, there is an emerging presidential practice that should catch the attention of the drafters and encourage them to make at least a small foray into customary international law’s impact on the domestic law of the United States. This practice consists of presidents proclaiming to the international community that certain provisions of treaties that …


A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey Dec 2015

A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey

BYU Law Review

No abstract provided.


Byu Law School Faculty Listing Dec 2015

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Table Of Contents Dec 2015

Table Of Contents

BYU Law Review

No abstract provided.


Treaties And The Presumption Against Preemption, David H. Moore Dec 2015

Treaties And The Presumption Against Preemption, David H. Moore

BYU Law Review

No abstract provided.


The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry Dec 2015

The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry

BYU Law Review

No abstract provided.


The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat Dec 2015

The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat

BYU Law Review

No abstract provided.


Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen Dec 2015

Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen

BYU Law Review

No abstract provided.