Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International Law and International Relations (2)
- Jurisprudence, Government, Courts, and Constitutional Law (2)
- Alien Tort Claims Act (1)
- Alien Tort Statute (1)
- Alien tort (1)
-
- Article III (1)
- Blogging (1)
- Blogosphere (1)
- Blogs (1)
- Cil (1)
- Communication (1)
- Constitutional Law (1)
- Constitutional law (1)
- Corporate Liability (1)
- Customary International Law (1)
- Economic development (1)
- Federal courts (1)
- Foreign law (1)
- Human Rights (1)
- International Law (1)
- International Relations (1)
- International law (1)
- Internet (1)
- Law and Economics (1)
- Law of Nations (1)
- Legislation (1)
- Newspapers (1)
- Pamphleteers (1)
- Public Choice (1)
- Publication (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Donald J. Kochan
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Donald J. Kochan
With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …
The Blogosphere And The New Pamphleteers, Donald J. Kochan
The Blogosphere And The New Pamphleteers, Donald J. Kochan
Donald J. Kochan
The future of the free dissemination of information lies in the blog, some may say. The internet has entirely transformed how we receive and consume information. It’s the newest incarnation of information dissemination. From the insights of Alexis de Tocqueville, “Feelings and opinions are recruited, the heart is enlarged, and the human mind is developed only by the reciprocal influence of men upon one another.” Bloggers are a powerful force in the distribution of information and ideas and the creation of communities of conversation. Throughout history, the dissemination of information, news, opinions, and ideas has continuously transformed. In the 18th …