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Articles 1 - 30 of 34
Full-Text Articles in Law
The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee
The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee
FIU Law Review
Judges across China recently declined to apply a law that the National People’s Congress had newly brought into effect. In this article, I describe this startling finding and explore the significance of it. I conclude that it represents an exercise of judicial independence. Using a thickly descriptive approach that focuses on textual analysis and institutional context, I demonstrate that judges in China have no legal duty to apply law and that it is professionally risky for them to apply law; that judges there operate within a professional culture that encourages restraint; and that the court system has developed a strong …
You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment, Ryder Gaenz
FIU Law Review
After more than two centuries of jurisprudential stillness, the United States Supreme Court undertook the task of discerning the Second Amendment’s meaning in District of Columbia v. Heller, holding that the Second Amendment protects the individual right to self-defense. Since Heller, the lower courts have grappled with determining the scope of the Second Amendment. One question of scope—the subject of this piece—is at what age does a person come within the scope of the Second Amendment’s protections? Some federal and state courts have suggested, and in some cases held, that persons under twenty-one do not enjoy Second Amendment rights. However, …
The Distribution Of Justices' Votes And Countering National Disunity, Nicholas L. Georgakopoulos
The Distribution Of Justices' Votes And Countering National Disunity, Nicholas L. Georgakopoulos
FIU Law Review
The estimation of the distribution that matches the voting of the justices of the Supreme Court shows that voting is correlated and reveals three phenomena: an outlier distribution produced by one composition of the Court, the surprising frequency of unanimous decisions, and the intensity with which the Court avoids 4–4 decisions. The intensity with which the Court avoids 4–4 splits and the strength of the drive to produce unanimous decisions seem sensitive to national disunity. At times of greater disunity, 1965 to 1975 and 2001 to 2020, the Court avoids 4–4 splits more intensely and has a greater fraction of …
The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh
The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh
FIU Law Review
No abstract provided.
Senior Leaders And Those Most Responsible At The Extraordinary Chambers In The Courts Of Cambodia, Stuart Ford
Senior Leaders And Those Most Responsible At The Extraordinary Chambers In The Courts Of Cambodia, Stuart Ford
FIU Law Review
No abstract provided.
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong
FIU Law Review
No abstract provided.
The Legal Legacy Of The Special Court For Sierra Leone: The Relationship Between The Court And The Sierra Leone Truth And Reconciliation Commission, Joseph Rikhof
FIU Law Review
No abstract provided.
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat
FIU Law Review
No abstract provided.
The Ilc At Its 70th Anniversary: Its Role In International Law And Its Impact On U.S. Jurisprudence, Siegfried Wiessner, Christian Lee González
The Ilc At Its 70th Anniversary: Its Role In International Law And Its Impact On U.S. Jurisprudence, Siegfried Wiessner, Christian Lee González
FIU Law Review
No abstract provided.
Aging Disgracefully: Do Economic Laws Remain Rational In Spite Of Changed Circumstances?, Johanna Talcott
Aging Disgracefully: Do Economic Laws Remain Rational In Spite Of Changed Circumstances?, Johanna Talcott
FIU Law Review
No abstract provided.
The Age Of Constitutions In The Americas, M C. Mirow
The Age Of Constitutions In The Americas, M C. Mirow
Faculty Publications
The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and …
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Faculty Publications
No abstract provided.
Substantial Limitations: Reflections On The Adaaa, Kerri Lynn Stone
Substantial Limitations: Reflections On The Adaaa, Kerri Lynn Stone
Faculty Publications
This Article advocates several ways to reform the American with Disabilities Act Amendments Act of 2008 (ADAAA) and its jurisprudence. It begins with the premise that the “otherwise qualified,” “reasonable accommodation,” and “undue hardship” analyses are questions that call for a focus on, respectively, the plaintiff at issue, the accommodation at issue, and the employer at issue. The article calls for the abolition of the need to demonstrate a major life activity limitation required for coverage under the statute in accommodation cases, noting that this has already effectively occurred in the context of the rest of the ADA’s antidiscrimination jurisprudence. …
Assessing The African Union Concerns About Article 16 Of The Rome State Of The International Criminal Court, Charles Chernor Jalloh, Dapo Akande, Max Du Plessis
Assessing The African Union Concerns About Article 16 Of The Rome State Of The International Criminal Court, Charles Chernor Jalloh, Dapo Akande, Max Du Plessis
Faculty Publications
This article assesses the African Union’s (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC’s failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the …
The Irrepressible Myth Of Klein, Howard M. Wasserman
The Irrepressible Myth Of Klein, Howard M. Wasserman
Faculty Publications
The Reconstruction-era case of United States v. Klein remains the object of a “cult” among commentators and advocates, who see it as a powerful separation of powers precedent. In fact, Klein is a myth—actually two related myths. One is that it is opaque and meaninglessly indeterminate because, given its confusing and disjointed language, its precise doctrinal contours are indecipherable; the other is that Klein is vigorous precedent, likely to be used by a court to invalidate likely federal legislation. Close analysis of Klein, its progeny, and past scholarship uncovers three identifiable core limitations on congressional control over the workings of …
The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles Chernor Jalloh
The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles Chernor Jalloh
Faculty Publications
This article is the first major study examining whether the Special Court for Sierra Leone (SCSL) has made, or is making, any contribution to the development of international law. The author concludes that it has. In this vein, he analyzes the creation of the Defence Office, the Legacy Phase Working Group and the Outreach Section to show that some of the structural novelties introduced through SCSL practice have proven to be worthy of replication within other international criminal courts. Taking as an example the controversy regarding the United Nations Security Council’s power to create ad hoc international criminal tribunals, the …
Latcrit Vi, Outsider Jurisprudence And Looking Beyond Imagined Borders, Ediberto Román
Latcrit Vi, Outsider Jurisprudence And Looking Beyond Imagined Borders, Ediberto Román
Faculty Publications
The Sixth Annual LatCrit Conference (LatCrit VI) titled "Latinas/os and the Americas: Centering North-South Frameworks in LatCrit Theory," was the latest installment of the leading progressive scholarly movement addressing nonwhite critical jurisprudence.3 The goals of the conference were to explore the ties that bind Latinas/os residing in the United States to their homeland's societies and cultures, and to examine the impact of globalization on critical jurisprudential discourse.4 The conference was attended predominately by straight and gay law professors of color, including Latinas/os, African Americans, Asian Americans, and indigenous persons, most of whom describe themselves as LatCrits or more whimsically, LatCritters. …
Tyrannous Lex, Thomas E. Baker
Tyrannous Lex, Thomas E. Baker
Faculty Publications
Professor Baker presents a fundamentally unique question. Including all of the legal opinions, statutes and administrative rules, how much law do we have? Is there way to calculate a “Gross Legal Product” for the United States and what effect does this “GLP” have on the U.S. economy? What about all of the secondary legal sources? What do they add, if anything, to our ability to understand all of the law that is constantly being produced? All these and more are the subject of Professor Baker’s article.
Statutory Interpretation In Securities Jurisprudence: A Failure Of Textualism, Ediberto Román
Statutory Interpretation In Securities Jurisprudence: A Failure Of Textualism, Ediberto Román
Faculty Publications
This Article critiques the development of textualist theory in securities jurisprudence and analyzes the Central Bank decision as an example of the defects inherent in the application of a textualist approach. It demonstrates how the development of textualist securities jurisprudence stemmed from decisions that casually rejected precedent and mischaracterized existing law, thereby resulting in a distortion of the legislature’s intent. An analysis of the Securities Exchange Act demonstrates how the Central Bank Court’s approach towards statutory interpretation led to its failure to analyze other relevant Exchange Act provisions, including the most relevant provision – Section 20(a). The first section of …
The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker
The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker
Faculty Publications
Inherent sanctions, like Rule 11 sanctions, may be imposed against any person responsible for wrongdoing, regardless of whether that person is a litigant or an attorney. Sanctionable wrongdoing includes pre litigation misconduct, as well as abuses of process that occur beyond the courtroom, such as the willful disobedience of an otherwise valid court order, so long as the court affords a violation due process before imposing sanctions. In addition to Rule 11's function as a deterrent, inherent sanctions further the goals of compensation and punishment.
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
Faculty Publications
Professor Baker weighs in on a new trend of allowing expert opinion on the status of the law. He begins with a brief history of lay and expert opinion testimony and continues with an analysis of Rule 702 of the Federal Rules of Evidence before concluding that expert opinion on the law simply has no place in federal practice.
Recopilación De Leyes Y Decretos De Venezuela, 1912, Venezuela
Recopilación De Leyes Y Decretos De Venezuela, 1912, Venezuela
Venezuela
Recopilación de Leyes y Decretos de Venezuela. Tomo XXXV. Año de 1912.
Jurisprudencia Del Tribunal Supremo, V.1, Cuba. Tribunal Supremo
Jurisprudencia Del Tribunal Supremo, V.1, Cuba. Tribunal Supremo
Cuban Law
República de Cuba. Jurisprudencia del Tribunal Supremo: desde su organización hasta 31 de diciembre de 1899. Volumen Primero.
Jurisprudencia Del Tribunal Supremo, V.4, Cuba. Tribunal Supremo
Jurisprudencia Del Tribunal Supremo, V.4, Cuba. Tribunal Supremo
Cuban Law
República de Cuba. Jurisprudencia del Tribunal Supremo. En materia civil: primer semestre de 1900. Volumen Cuarto.
Jurisprudencia Del Tribunal Supremo, V.2, Cuba. Tribunal Supremo
Jurisprudencia Del Tribunal Supremo, V.2, Cuba. Tribunal Supremo
Cuban Law
República de Cuba. Jurisprudencia del Tribunal Supremo: en materia criminal. Primer semestre de 1900. Volumen Segundo.
Jurisprudencia Del Tribunal Supremo, V.5, Cuba. Tribunal Supremo
Jurisprudencia Del Tribunal Supremo, V.5, Cuba. Tribunal Supremo
Cuban Law
República de Cuba. Jurisprudencia del Tribunal Supremo. En materia civil: segundo semestre de 1900. Volumen Quinto.
Jurisprudencia Del Tribunal Supremo, V.6, Cuba. Tribunal Supremo
Jurisprudencia Del Tribunal Supremo, V.6, Cuba. Tribunal Supremo
Cuban Law
República de Cuba. Jurisprudencia del Tribunal Supremo: en materia criminal. Primer semestre de 1901. Volumen Sexto.
Jurisprudencia Del Tribunal Supremo, V.7, Cuba. Tribunal Supremo
Jurisprudencia Del Tribunal Supremo, V.7, Cuba. Tribunal Supremo
Cuban Law
República de Cuba. Jurisprudencia del Tribunal Supremo: en materia criminal. Segundo semestre de 1901. Volumen Séptimo.
Jurisprudencia Del Tribunal Supremo, V.8, Cuba. Tribunal Supremo
Jurisprudencia Del Tribunal Supremo, V.8, Cuba. Tribunal Supremo
Cuban Law
República de Cuba. Jurisprudencia del Tribunal Supremo: en materia civil. Primer semestre de 1901. Volumen Octavo.
Jurisprudencia Del Tribunal Supremo, V.3, Cuba. Tribunal Supremo
Jurisprudencia Del Tribunal Supremo, V.3, Cuba. Tribunal Supremo
Cuban Law
República de Cuba. Jurisprudencia del Tribunal Supremo. En materia criminal: segundo semestre de 1900. Volumen Tercero.