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Articles 31 - 60 of 61

Full-Text Articles in Law

Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla Sep 2014

Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, Ralph Ruebner Sep 2014

Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, Ralph Ruebner

Georgia Journal of International & Comparative Law

No abstract provided.


Equality And The European Union, Elizabeth F. Defeis Sep 2014

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.


Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose Sep 2014

Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose

Georgia Journal of International & Comparative Law

No abstract provided.


Seeking A Democratic Path: Constitutional Reform In Guyana, Honourable Hari N. Ramkarran Sep 2014

Seeking A Democratic Path: Constitutional Reform In Guyana, Honourable Hari N. Ramkarran

Georgia Journal of International & Comparative Law

No abstract provided.


Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn Sep 2014

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley Sep 2014

Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley

Georgia Journal of International & Comparative Law

No abstract provided.


Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby Sep 2014

Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby

Georgia Journal of International & Comparative Law

No abstract provided.


Thick Constitutional Readings: When Classic Distinctions Are Irrelevant, David Robertson Sep 2014

Thick Constitutional Readings: When Classic Distinctions Are Irrelevant, David Robertson

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking Constitutional Review In America And The Commonwealth: Judicial Protection Of Human Rights In The Common Law World, Po Jen Yap Sep 2014

Rethinking Constitutional Review In America And The Commonwealth: Judicial Protection Of Human Rights In The Common Law World, Po Jen Yap

Georgia Journal of International & Comparative Law

No abstract provided.


Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale Sep 2014

Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale

Georgia Journal of International & Comparative Law

No abstract provided.


Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford Sep 2014

Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware Sep 2014

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.


The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson Sep 2014

The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson

Georgia Journal of International & Comparative Law

No abstract provided.


"Freedom!" For Scotland: A Hollywood Tagline, But A Holyrood Prerogative, Andrew Murdison Sep 2014

"Freedom!" For Scotland: A Hollywood Tagline, But A Holyrood Prerogative, Andrew Murdison

Georgia Journal of International & Comparative Law

No abstract provided.


B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston Sep 2014

B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston

Georgia Journal of International & Comparative Law

No abstract provided.


The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh Sep 2014

The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh

Georgia Journal of International & Comparative Law

No abstract provided.


The New York Convention After Fifty Years: Some Reflections On The Role Of National Law, Linda Silberman Sep 2014

The New York Convention After Fifty Years: Some Reflections On The Role Of National Law, Linda Silberman

Georgia Journal of International & Comparative Law

No abstract provided.


Keynote Address: Arbitration And The Freedom To Associate, Gary B. Born Sep 2014

Keynote Address: Arbitration And The Freedom To Associate, Gary B. Born

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge Sep 2014

Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge

Georgia Journal of International & Comparative Law

No abstract provided.


Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell Sep 2014

Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell

Georgia Journal of International & Comparative Law

No abstract provided.


Germany And The U.S. Present: A Roadmap For Protecting State Sovereignty In The European Stability Mechanism, Matthew Gregory Sep 2014

Germany And The U.S. Present: A Roadmap For Protecting State Sovereignty In The European Stability Mechanism, Matthew Gregory

Georgia Journal of International & Comparative Law

No abstract provided.


Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner Sep 2014

Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner

Georgia Journal of International & Comparative Law

No abstract provided.


Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley Sep 2014

Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley

Georgia Journal of International & Comparative Law

No abstract provided.


Preventive Detention In Malaysia: Constitutional And Judicial Obstacles To Reform And Suggestions For The Future, Tyler James B. Jeffery Jun 2014

Preventive Detention In Malaysia: Constitutional And Judicial Obstacles To Reform And Suggestions For The Future, Tyler James B. Jeffery

Georgia Journal of International & Comparative Law

No abstract provided.


Lausti And Salazar: Are Religious Symbols Legitimate In The Public Square?, Katie A. Croghan Jun 2014

Lausti And Salazar: Are Religious Symbols Legitimate In The Public Square?, Katie A. Croghan

Georgia Journal of International & Comparative Law

No abstract provided.


Originalism And History, Justice John P. Stevens (Ret.) Jan 2014

Originalism And History, Justice John P. Stevens (Ret.)

Georgia Law Review

The notion that a jurisprudence of "original intent" will constrain the discretion of judges who seek to impose their own policy preferences on the law has often been attributed to a speech delivered by Edwin Meese, then-Attorney General of the United States, to an American Bar Association audience on July 9, 1985. In that speech the Attorney General was particularly critical of Supreme Court opinions relying on the Due Process Clause of the Fourteenth Amendment as a basis for requiring the states to adhere to specific provisions of the Bill of Rights. "[N]owhere else [he said,] has the principle of …


Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine M. Crocker Jan 2014

Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine M. Crocker

Georgia Law Review

In the much-maligned 1985 case Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, the Supreme Court articulated a rule of "ripeness" requiring most Fifth Amendment regulatory- takings claimants to seek 'just compensation" in state court before attempting to litigate in federal court. Williamson County and its progeny have opened a Pandora's box of unforeseen complications, spawning many more questions than they purported to answer. At the forefront is what kind of requirement the rule is anyway. This Article contends that reading Williamson County as grounded in the Constitution (specifically, in Article III or the Fifth Amendment) runs …


Defeating A Wolf Clad As A Wolf: Formalism And Functionalism In Separation-Of-Powers Suits Against The Consumer Financial Protection Bureau, Lee A. Deneen Jan 2014

Defeating A Wolf Clad As A Wolf: Formalism And Functionalism In Separation-Of-Powers Suits Against The Consumer Financial Protection Bureau, Lee A. Deneen

Georgia Law Review

In 2010, the Court decided Free Enterprise Fund, engaging in a substantially formalist analysis of the President's removal power. That same year, Congress authorized creation of the Consumer Financial Protection Bureau, a federal agency with significant regulatory and enforcement power over the consumer finance industry. Within three years of that legislation, two lawsuits have challenged the CFPB's structure. This Note evaluates the arguments of the CFPB's opponents against the backdrop of Free Enterprise Fund and the Roberts Court's other formalist decisions. Although one might expect complaints against the CFPB to be lodged solely in formalist terms, the CFPB's opponents have …


Beyond A Reasonable Doubt: The Constitutionality Of Georgia's Burden Of Proof In Executing The Mentally Retarded, Veronica M. O'Grady Jan 2014

Beyond A Reasonable Doubt: The Constitutionality Of Georgia's Burden Of Proof In Executing The Mentally Retarded, Veronica M. O'Grady

Georgia Law Review

In 2002, the Supreme Court in Atkins v. Virginia announced that executing mentally retarded defendants violates the Constitution. Georgia's standard for determining whether a criminal defendant is mentally retarded-and therefore ineligible for the death penalty- is the highest in the nation, requiring defendants to prove mental retardation to a jury, during the guilt and innocence phase, beyond a reasonable doubt. As in the case of Warren Lee Hill, Jr., this high burden necessarily results in Georgia executing defendants who are almost certainly mentally retarded,arguably violating the Atkins directive. Though once the first state to create a ban on executing the …