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Articles 1 - 30 of 32
Full-Text Articles in Law
Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang
Washington Law Review
Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …
A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella
A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella
Seattle University Law Review
The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …
Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai
Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai
William & Mary Bill of Rights Journal
Democracy is in crisis throughout the world. And courts play a key role within this process as a main target of populist leaders and in light of their ability to hinder administrative, legal, and constitutional changes. Focusing on the ability of courts to block constitutional changes, this Article analyzes the main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and nonbelievers that courts can save democracy; and the tension between strategic and legal considerations courts consider when they face pressure from political branches. …
Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, Alexandre Dos Santos Cunha
Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, Alexandre Dos Santos Cunha
Indiana Journal of Global Legal Studies
This essay discusses the impact of public defenders' offices in promoting equality through the enforcement of the right to access to justice in Brazil. To achieve this goal, this note is divided into two parts.
Part I presents the Brazilian public defenders' offices, their history, institutional design, rights, and prerogatives. Part II discusses the role played by public defenders in the enforcement of the right to access to justice in Brazil, as well as the relations established between public defenders and courts. The Conclusion attempts to assess the sustainability of the Brazilian model, in order to determine if there is …
Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart
Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart
ILSA Journal of International & Comparative Law
No abstract provided.
Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian
Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian
Arbitration Law Review
No abstract provided.
The Emergence Of Mediation In Korean Communities, Peter Robinson, J. Youngjin Lee, J. Kwang Ho Lim, Ryul Kim
The Emergence Of Mediation In Korean Communities, Peter Robinson, J. Youngjin Lee, J. Kwang Ho Lim, Ryul Kim
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Brooklyn Journal of International Law
In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, …
Military Tribunals And Due Process In Post-Revolutionary Egypt, Bianca C. Isaias
Military Tribunals And Due Process In Post-Revolutionary Egypt, Bianca C. Isaias
The International Lawyer
No abstract provided.
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
Brooklyn Journal of International Law
Standard-setting organizations (SSOs) are bodies that oversee the development of technical standards. Technical standards are common technological designs that are used across a variety of platforms, for instance LTE, which is utilized throughout the mobile phone industry. Members of SSOs contribute different pieces of technology to an ultimate design, and if a patent covers the technology, it is called a standard-essential patent (SEP). SSOs require their members to license these patents to each other on fair, reasonable, and nondiscriminatory (FRAND) terms. This Note analyzes the FRAND requirement and the different ways that courts and private parties interpret it. The ambiguity …
Not So Far Away: Visiting With Women Judges In China, Ann Marshall Young
Not So Far Away: Visiting With Women Judges In China, Ann Marshall Young
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Education For Judicial Aspirants, Keith R. Fisher
Education For Judicial Aspirants, Keith R. Fisher
Journal of the National Association of Administrative Law Judiciary
Introductory judicial education (IJE) is an avenue for improving both appointive and elective systems of judicial selection. The impetus for considering this topic can be traced back to lingering unease with judicial selection and the ongoing (though now somewhat stagnant) debate over merit selection. Moreover, changes in the nature of law practice and the judicial role over the past several decades have rendered the gap between those two activities increasingly large. Moreover, surveys of minority communities have consistently demonstrated a far lower degree of confidence in the impartiality and fairness of our nation’s judges. IJE is an effort to maximize …
Current And Future Issues In International Space Law, Professor Henry Hertzfeld
Current And Future Issues In International Space Law, Professor Henry Hertzfeld
ILSA Journal of International & Comparative Law
Space law is a relatively new area of law and is based mainly on a set of United Nations (U.N.) Treaties negotiated during the 1960s and 1970s.
Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant
Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant
San Diego International Law Journal
This Article confronts the limits this issue imposes on the First Amendment in four parts. Part I described the potential for conflicting defamation laws and forum shopping to undermine the American media's speech protections in the context of the Internet and global publications and outlines the Article's overall method of analysis. Part II first orients these conflicting defamation laws with respect to their development from the common law. It then frames them in terms of the underlying structural and policy differences that have produced their substantive divergence. This frame provides the analytical perspective through which this Article examines the varying …
The Multiplication Of International Jurisdictions And The Integrity Of International Law, Luis Barrionuevo Arevalo
The Multiplication Of International Jurisdictions And The Integrity Of International Law, Luis Barrionuevo Arevalo
ILSA Journal of International & Comparative Law
While the multiplication of international courts shows the vitality and versatility of international law, it can also create serious problems for its unity and coherence and ultimately lead to its fragmentation.
Reforming Testamentary Undue Influence In Canadian And English Law, Fiona R. Burns
Reforming Testamentary Undue Influence In Canadian And English Law, Fiona R. Burns
Dalhousie Law Journal
The traditional doctrine of testamentary undue influence developed in nineteenth century England. Its utility, however, is limited since the doctrine requires the person alleging undue influence to provide direct proof of coercion according to a high standard. In England the doctrine has remained static and there have been calls for reform. In Canada, some courts have ceased to apply the traditional doctrine so that today there is no one consistent and coherent doctrine of testamentary undue influence. This article explores two possible reforms of the doctrine both of which are evident in recent Canadian case law: a presumption of testamentary …
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
San Diego International Law Journal
This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an …
International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq.
International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq.
ILSA Journal of International & Comparative Law
I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.
Application Of Consular Rights To Foreign Nationals: Standard For Reversal Of A Criminal Conviction, John Quigley
Application Of Consular Rights To Foreign Nationals: Standard For Reversal Of A Criminal Conviction, John Quigley
ILSA Journal of International & Comparative Law
In nineteenth century criminal procedure in the United States, extradition treaties impacted the treatment of a person surrendered by a foreign state.
Litigating Humanrights Abuses In United States Courts: Recent Developments, Elizabeth F. Defeis
Litigating Humanrights Abuses In United States Courts: Recent Developments, Elizabeth F. Defeis
ILSA Journal of International & Comparative Law
During the last quarter of a century, litigation in United States courts to address human rights abuses that occur beyond the shores of the United States has increased dramatically.
The International Criminal Court And The Future Of Legal Accountability, William W. Burke-White
The International Criminal Court And The Future Of Legal Accountability, William W. Burke-White
ILSA Journal of International & Comparative Law
With unexpected speed, the International Criminal Court has become a reality.
The Courts And Legislation: Anglo-American Contrasts (George P. Smith, Ii, Distinguished Professorship-Chair Of Law), Sir David Williams David Q. C.
The Courts And Legislation: Anglo-American Contrasts (George P. Smith, Ii, Distinguished Professorship-Chair Of Law), Sir David Williams David Q. C.
Indiana Journal of Global Legal Studies
On April 12, 2000, Sir David Williams delivered the following lecture at the Indiana School of Law-Bloomington in accordance with The George P. Smith, II, Distinguished Visiting Professorship-Chair of Law and Legal Research endowment. The Chair was established by George P. Smith to broaden students' exposure to scholars and judges of national and international reputation and to allow distinguished visiting scholars the opportunity to do research at Indiana University and share their ideas with the faculty and students of the Indiana University School of Law and Indiana University. George P. Smith, an Indiana native, received his B.S. degree in business, …
Accountability And International Actors In Bosnia And Herzegovina, Kosovo And East Timor, Ralph Wilde
Accountability And International Actors In Bosnia And Herzegovina, Kosovo And East Timor, Ralph Wilde
ILSA Journal of International & Comparative Law
Current international involvement in Bosnia and Herzegovina, Kosovo and East Timor has two elements.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
University of Miami Inter-American Law Review
No abstract provided.
The Civil Enforcement Of Human Rights Norms In Domestic Courts, Beth Van Schaack
The Civil Enforcement Of Human Rights Norms In Domestic Courts, Beth Van Schaack
ILSA Journal of International & Comparative Law
This Article will attempt to make the case for the domestic civil action in defense of international human rights in the face of a potential threat to such litigation.
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States (Conference Remarks), Madeline Morris
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States (Conference Remarks), Madeline Morris
ILSA Journal of International & Comparative Law
The Rome Treaty for an International Criminal Court (ICC) provides for the establishment of an international court with jurisdiction over genocide, war crimes, and crimes against humanity.
Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg
Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg
Cardozo Law Review
No abstract provided.
Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart
Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart
Indiana Law Journal
No abstract provided.
The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal
The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal
Cardozo Law Review
No abstract provided.
Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson
Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson
Villanova Law Review
No abstract provided.