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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
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
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
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
Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport
Catholic University Journal of Law and Technology
No abstract provided.
Invitation Au Voyage, Olivier Moréteau
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
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
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
“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
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
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
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
Dictionary Of The Civil Code, Jean-Claude Gémar
Journal of Civil Law Studies
No abstract provided.
The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen
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
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
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
A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal
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
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
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
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
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
A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey
BYU Law Review
No abstract provided.
Byu Law School Faculty Listing
Treaties And The Presumption Against Preemption, David H. Moore
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
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
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
Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen
BYU Law Review
No abstract provided.