Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

Les Services D’IntéRêT GéNéRal : Une Identité EuropéEnne Du Rapport De L’ÉTat Au Marché ?, Philippe Reyniers Jan 2004

Les Services D’IntéRêT GéNéRal : Une Identité EuropéEnne Du Rapport De L’ÉTat Au Marché ?, Philippe Reyniers

Philippe Reyniers

In the context of the European Constitution, this article evaluates the European law applicable to services of general interest. It also analyses the normative premises of its regime, in a comparative perspective with the structures of the national welfare state.


The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto Jan 2004

The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article examines the organization and operating principles of the Court. Many aspects of the Rome Statute challenge fundamental tenets of the structure of international law existing heretofore. No analysis could address all the aspects of this new international institution and the Article seeks to focus attention on some of its major features impacting on State sovereignty--the focus of this Article. Part II of the Article explores the structure and competence of the Court and in particular the powers of the prosecutor, general principles underlying the jurisdiction of the Court, the formulation of the complementarity principle in the Court’s Statute, …


Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich Jan 2004

Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich

Dr Leonardo J Raznovich

This article published in Spanish provides with an assessment of a bill sent to the Argentinean Parliament in order to implement trial by jury for serious criminal matters. It also provides with a historical overview of the institution and with some possible explanations why the Argentinean legislator has been reluctant to fulfill the constitutional mandate of implementing trial by jury for all criminal matters (articles 24, 75 (12) and 118 of the Argentinean Constitution).


Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel Jan 2004

Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel

Jonathan Yovel

By examining legal cases that involve violent death and its marginalization by the courts, this essay looks into the relations between narrative coherence and narrative absurd in judicial opinions. Coherence, rather than a static, unequivocal characteristic of legal narratives, is studied here as a highly manipulable narrative and rhetorical performance. Giving a performative twist to reader-response approaches I do not really ask what is the meaning of this text (as construed by its reading)? but rather, working from the position of the text's discursive community, what does this text do? The reading of these cases explores how judicial narration and …


The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman Jan 2004

The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman

Deborah M. Weissman

This Article provides an interpretive account of the human rights discourse at a time when the U.S. legal community is deepening its relationship with these issues. It maps the context of the human rights project over the past one hundred years, with a critical eye and as a cautionary tale. It reviews the historical circumstances and the ideological framework in which human rights have been appropriated as an instrument of national policy, often to the detriment of humanitarian objectives. It considers the role of law, not only as an instrument by which colonial rule was maintained but as a system …


False Advertising, Animals, And Ethical Consumption, Carter Dillard Jan 2004

False Advertising, Animals, And Ethical Consumption, Carter Dillard

Carter Dillard

In light of the fact that today's consumers often want their products to be created in the most environmentally, globally, and animal friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. False advertising law represents a rare, albeit roundabout, legal opening for animal advocates to deal with issues of animal mistreatment, regardless of legislative and executive branch disregard of the importance of animal protection. Whether there is a beneficial change in the law or not, current opportunities in the market for these cases should be sought …


Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma Jan 2004

Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma

Saumya Uma

This article advances the need for an Indian legal regime for protecting the interests of victims and witnesses. It draws from international standards and experiences of other countries, grounding the same in the contemporary Indian context.