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Jurisprudence

American University Washington College of Law

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Full-Text Articles in Law

The Art Of International Law, Hilary Charlesworth Jan 2023

The Art Of International Law, Hilary Charlesworth

American University International Law Review

International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”


Opening Speech, Claudio Grossman Jan 2023

Opening Speech, Claudio Grossman

American University International Law Review

Good morning and good afternoon, depending on your time zone. It is a great pleasure to introduce this conference on “Sea Level Rise and International Law: Assessing its Impacts on the Americas.” Sea level rise is a pressing global challenge that could generate catastrophic effects, including in the Americas, which are surrounded by four oceans: the Arctic, the Antarctic, the Atlantic, and the Pacific. Several of the countries in the Region could suffer disproportionately from the consequences of this serious phenomenon. The implications for States and people all over the world are devastating, making rising sea levels a matter of …


The Art Of International Law, Hilary Charlesworth Jan 2023

The Art Of International Law, Hilary Charlesworth

American University Law Review

International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”


Elegy For Anti-Corruption Law: How The Bridgegate Case Could Crush Corruption Prosecutions And Boost Liars, Ciara Torres-Spelliscy Jan 2020

Elegy For Anti-Corruption Law: How The Bridgegate Case Could Crush Corruption Prosecutions And Boost Liars, Ciara Torres-Spelliscy

American University Law Review

No abstract provided.


Enchanted By The Tools? An Enlightenment Perspective, Martti Koskenniemi Jan 2020

Enchanted By The Tools? An Enlightenment Perspective, Martti Koskenniemi

American University International Law Review

No abstract provided.


The Supreme Court And The Federal Circuit Turn Patent Infringement Venue Jurisprudence Upside Down, Robert Tapparo Jan 2018

The Supreme Court And The Federal Circuit Turn Patent Infringement Venue Jurisprudence Upside Down, Robert Tapparo

American University Business Law Review

No abstract provided.


Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk Jan 2018

Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk

American University Law Review

No abstract provided.


The Battle Over U.S. Water: Why The Clean Water Rule "Flows" Within The Bounds Of Supreme Court Precedent, Ashleigh Allione Jan 2017

The Battle Over U.S. Water: Why The Clean Water Rule "Flows" Within The Bounds Of Supreme Court Precedent, Ashleigh Allione

American University Law Review

No abstract provided.


Jezebels And Jungle Bunnies: How The Stereotypes Of Black Women Shape Legislation, The Legal Profession, And Feminist Jurisprudence, Kersti Myles Jan 2017

Jezebels And Jungle Bunnies: How The Stereotypes Of Black Women Shape Legislation, The Legal Profession, And Feminist Jurisprudence, Kersti Myles

The Modern American

No abstract provided.


The Circular Logic Of Actavis, Joshua B. Fischman Jan 2017

The Circular Logic Of Actavis, Joshua B. Fischman

American University Law Review

No abstract provided.


We "Kent" Keep Transferring Kids Without A Hearing: Using Recent Supreme Court Jurisprudence To Revive Kent V. United States And End Mandatory Transfer For Juveniles, Summer Woods Jan 2017

We "Kent" Keep Transferring Kids Without A Hearing: Using Recent Supreme Court Jurisprudence To Revive Kent V. United States And End Mandatory Transfer For Juveniles, Summer Woods

Criminal Law Practitioner

No abstract provided.


My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex, Doran Shemin Jan 2016

My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex, Doran Shemin

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Following New Lights: Critical Legal Research Strategies As A Spark For Law Reform In Appalachia, Nicholas F. Stump Jan 2015

Following New Lights: Critical Legal Research Strategies As A Spark For Law Reform In Appalachia, Nicholas F. Stump

American University Journal of Gender, Social Policy & the Law

The nascent “critical legal research” movement applies the constellation of critical theory to the American legal research regime. Work in this discourse has unpacked the means through which commercial print and online legal resources (e.g., Westlaw and Lexis) insidiously channel the efforts of legal researchers, essentially predetermining research outcomes. Although legal research is commonly conceived as a normatively neutral paradigm, such commercial homogenizing agents (paired with traditional methods of legal analysis) in fact reflect and perpetuate society’s dominant interests. As grounded in the existing literature, this Article outlines novel strategies that may together constitute one potential version of a critically …


Padilla V. Kentucky: A New Chapter In Supreme Court Jurisprudence On Whether Deportation Constitutes Punishment For Lawful Permanent Residents?, Anita Maddali Oct 2011

Padilla V. Kentucky: A New Chapter In Supreme Court Jurisprudence On Whether Deportation Constitutes Punishment For Lawful Permanent Residents?, Anita Maddali

American University Law Review

No abstract provided.


Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii Jun 2011

Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii

Legislation and Policy Brief

In June of 2008, the Supreme Court handed down a landmark decision in District of Columbia v. Heller, declaring that a District of Columbia law prohibiting the possession of handguns in a private home for personal protection violated the Second Amendment of the Constitution. Justice Scalia, writing for a 5-4 majority, recognized that the protections provided by the Second Amendment apply to individuals—not just “militias”—and emphatically declared that “the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home.” After four years of …


Women And Jurisprudence, Ma. Elodia Robles Sotomayor Feb 2011

Women And Jurisprudence, Ma. Elodia Robles Sotomayor

American University Journal of Gender, Social Policy & the Law

No abstract provided.


“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan Sep 2010

“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan

Legislation and Policy Brief

This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …


Political Genocide In Latin America: The Need For Reconsidering The Current Internationally Accepted Definition Of Genocide In Light Of Spanish And Latin American Jurisprudence , Howard Shneider Jan 2010

Political Genocide In Latin America: The Need For Reconsidering The Current Internationally Accepted Definition Of Genocide In Light Of Spanish And Latin American Jurisprudence , Howard Shneider

American University International Law Review

No abstract provided.


Legal Paradigms: How Jurisprudence Affects Insider/Outsider Status Quo, Outsider Jurisprudence, And Transformative Directions., Guadalupe T. Luna Jan 2010

Legal Paradigms: How Jurisprudence Affects Insider/Outsider Status Quo, Outsider Jurisprudence, And Transformative Directions., Guadalupe T. Luna

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Outsiders Inside The Beltway: Latcrit Xiv: Critical Outsider Theory And Praxis In The Policymaking Of The New American Regime., Anthony E. Varona Jan 2010

Outsiders Inside The Beltway: Latcrit Xiv: Critical Outsider Theory And Praxis In The Policymaking Of The New American Regime., Anthony E. Varona

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Person In Law, The Number In Math: Improved Analysis Of The Subject As Foundation For A Noveau Régime , Orlando I. Martínez-García Jan 2010

The Person In Law, The Number In Math: Improved Analysis Of The Subject As Foundation For A Noveau Régime , Orlando I. Martínez-García

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall Jan 2010

Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall

Human Rights Brief

No abstract provided.


A Shot Heard 'Round The District: The District Of Columbia Circuit Puts A Bullet In The Collective Right Theory Of The Second Amendment, Amanda C. Dupree Jan 2008

A Shot Heard 'Round The District: The District Of Columbia Circuit Puts A Bullet In The Collective Right Theory Of The Second Amendment, Amanda C. Dupree

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng Jan 2007

Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig Jan 2007

Symposium: Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk Jan 2007

Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Transcript: Comments On Panel 1, Christine Farley Jan 2007

Transcript: Comments On Panel 1, Christine Farley

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips Jan 2007

Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Copyright And Feminism In Digital Media, Dan L. Burk Jan 2006

Copyright And Feminism In Digital Media, Dan L. Burk

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow Jan 2006

Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow

American University Journal of Gender, Social Policy & the Law

No abstract provided.