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Articles 1 - 8 of 8
Full-Text Articles in Law
Concurrent Tribal And State Jurisdiction Under Public Law 280 , Vanessa J. Jimenez, Soo C. Song
Concurrent Tribal And State Jurisdiction Under Public Law 280 , Vanessa J. Jimenez, Soo C. Song
American University Law Review
No abstract provided.
Guerrillas In Our Midst: The Assault On Radicals In American Law, Daria Roithmayr
Guerrillas In Our Midst: The Assault On Radicals In American Law, Daria Roithmayr
Michigan Law Review
On October 9, 1997, radicals everywhere celebrated the thirtieth anniversary of the death of Che Guevara, the revered Cuban and South American rebel known as much for his guerrilla manifestos as for his scraggly facial hair and the black beret positioned slightly askance. At the same time Latin Americans and revolutionaries were marking the death of their beloved Che, Professors Daniel Farber and Suzanna Sherry were publishing their long-awaited book, Beyond All Reason: The Radical Assault on Truth in American Law. The professors' timing was, unintentionally, quite appropriate. Like many of Che's manifestos, the book sounds an ideological call to …
The Party Expenditure Provision's Near Death Experience: Colorado Republican Federal Campaign Committee V. Federal Election Commission , Robert M. Knop
The Party Expenditure Provision's Near Death Experience: Colorado Republican Federal Campaign Committee V. Federal Election Commission , Robert M. Knop
American University Law Review
No abstract provided.
The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury
The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury
Michigan Journal of International Law
The purpose of this article is to challenge the tendency in the existing literature to view "compliance" simply as "correspondence of behavior with legal rules." This tendency is intelligibly based in a theoretical view that law can properly be defined and understood as a body of rules and expresses a practical concern to get on with the important task of producing empirical studies of compliance. The logical corollary is that a reasonable degree of conformity between these rules and actual behavior is necessary to an efficacious legal system, so that recurrent and widespread non-conformity with rules would usually call into …
The Impact Of The Unfunded Mandates Reform Act Of 1995 On Tribal Governments, Eileen M. Luna
The Impact Of The Unfunded Mandates Reform Act Of 1995 On Tribal Governments, Eileen M. Luna
American Indian Law Review
No abstract provided.
State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman
State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman
Michigan Journal of International Law
This paper surveys some of the recent developments in international law relating to nationality and state succession, and suggests a growing convergence among several legal principles-specifically the principle of effective nationality, the individual right to a nationality and the corresponding duty of states to prevent statelessness, and the norm of nondiscrimination. At some point this convergence of such diverse areas of law as nationality, diplomatic protection, and human rights will impose positive duties on successor states with respect to their inherited populations: namely the duty to secure effective nationality for persons affected by state succession.
Enforcement And The Evolution Of Cooperation, George W. Downs
Enforcement And The Evolution Of Cooperation, George W. Downs
Michigan Journal of International Law
The purpose of this article is to broadly characterize the political economy or institutionalist theory of enforcement and to present data that is at least a first step toward evaluating the managerial and transformationalist critiques. The first section will present a short, schematic summary of the role of enforcement as it is currently viewed in the "new institutions" or political economy literature in international relations. While doubtless familiar to many readers, this is an important point of departure. A notable portion of the debate about the role of enforcement continues to stem from differences in terminology and from the fact …
Origins And Scope Of The American Moral Obligation Principle , Kevin M. Teeven
Origins And Scope Of The American Moral Obligation Principle , Kevin M. Teeven
Cleveland State Law Review
The existence of the moral obligation principle in American case law has been recognized in the Restatement (Second) of Contracts section 86 (1): "A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice." Among common law countries, American jurisdictions are unique in recognizing this ameliorating doctrine. An analysis of the development and scope of this doctrine is buried in the centuries of case law surrounding the tension between the past consideration rule and the moral obligation principle. The intent of this study is to glean …