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Articles 1 - 10 of 10
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.