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Jurisdiction

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Selected Works

2011

Articles 1 - 9 of 9

Full-Text Articles in Law

Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom Oct 2011

Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom

Robert M. Bloom

A court can invalidate or rectify certain kinds of offensive official action on the grounds of judicial integrity. In the past, it has served as a check on overzealous law enforcement agents whose actions so seriously impaired due process principles that they shocked the bench’s conscience. The principle not only preserves the judiciary as a symbol of lawfulness and justice, but it also insulates the courts from becoming aligned with illegal actors and their bad acts. The 1992 case of U.S. v. Alvarez-Machain, however, may have signaled a departure from past practices. This article reviews current Supreme Court cases and …

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Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young Aug 2011

Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young

Gordon G. Young

No abstract provided.

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Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan Jul 2011

Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan

Donald J. Kochan

This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must …

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The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds Feb 2011

The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds

William L. Reynolds

No abstract provided.

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Foreign Official Immunity After Samantar, Chimene I. Keitner Dec 2010

Foreign Official Immunity After Samantar, Chimene I. Keitner

Chimene I Keitner

In Samantar v. Yousuf, the U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act
(FSIA) does not govern the immunity of foreign officials from legal proceedings in U.S. courts. Part I of this symposium contribution seeks to put in sharper focus exactly what is, and what is not, in dispute following Samantar. Part II presents three challenges to common assumptions about conduct-based immunity, which I consider under the headings of personal responsibility, penalties, and presence. Under the heading of personal responsibility, I emphasize that state responsibility and individual responsibility are not mutually exclusive. Under
penalties, I argue that …

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Annotated Brief Of Professors Of Public International Law And Comparative Law As Amici Curiae In Support Of Respondents In Samantar V Yousuf, Chimene I. Keitner Dec 2010

Annotated Brief Of Professors Of Public International Law And Comparative Law As Amici Curiae In Support Of Respondents In Samantar V Yousuf, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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Foreign Official Immunity And The Baseline Problem, Chimene I. Keitner Dec 2010

Foreign Official Immunity And The Baseline Problem, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs Dec 2010

Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs

Olanike Sekinat Adelakun

Marriage is a universal institution which is recognized and respected all over the world. As a social institution, marriage is founded on and governed by the social and religious norms of the society. Consequently, the sanctity of marriage is a well accepted principle in the world community .
Marriage could either be monogamous or polygamous in nature. A monogamous marriage has bee described as ‘…the voluntary union for life of one man and one woman to the exclusion of all others’ . A polygamous marriage on the other hand can be defined as a voluntary union for life of one …

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Consulting The Architect When Problems Arise – The Divine Law, Brian M. Mccall Dec 2010

Consulting The Architect When Problems Arise – The Divine Law, Brian M. Mccall

Brian M McCall

In The Architecture of Law: Building Law on a Solid Foundation- The Eternal and Natural Law, I began laying the foundation for a particular form of legal architecture. Taking inspiration from St. Thomas Aquinas’ description of God as the artificer or architect, I argued that the Law is a multi storied edifice comprised of different types of law. I explored the nature of the foundational law, the Eternal Law and its relationship to justice. I considered how the frame of Natural Law is erected upon or participates in the foundation of Eternal Law. Finally, I discussed some of the most …

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