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Constitutional Avoidance As Interpretation And As Remedy, Eric S. Fish
Constitutional Avoidance As Interpretation And As Remedy, Eric S. Fish
Michigan Law Review
In a number of recent landmark decisions, the Supreme Court has used the canon of constitutional avoidance to essentially rewrite laws. Formally, the avoidance canon is understood as a method for resolving interpretive ambiguities: if there are two equally plausible readings of a statute, and one of them raises constitutional concerns, judges are instructed to choose the other one. Yet in challenges to the Affordable Care Act, the Voting Rights Act, the Chemical Weapons Convention, and other major statutes, the Supreme Court has used this canon to adopt interpretations that are not plausible. Jurists, scholars, and legal commentators have criticized …
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
Global Tides
This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …
An Overview Of The Doctrine Of The Piercing Of The Corporate Veil As Applied By Latin American Countries: A U.S. Legal Creation Exported To Civil Law Jurisdictions, Joseph Mauricio Bello
An Overview Of The Doctrine Of The Piercing Of The Corporate Veil As Applied By Latin American Countries: A U.S. Legal Creation Exported To Civil Law Jurisdictions, Joseph Mauricio Bello
ILSA Journal of International & Comparative Law
Piercing the corporate veil is a doctrine created within the United States (U.S.) common law system.
The Helms-Burton Act: The Final Piece To Bring Down The Tyrant's Regime, Franchesco Soto
The Helms-Burton Act: The Final Piece To Bring Down The Tyrant's Regime, Franchesco Soto
ILSA Journal of International & Comparative Law
In 1960, President Dwight D. Eisenhower began what has become one of the longest standing economic embargoes this country has ever had against another country