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Selected Works

Selected Works

2005

Articles 31 - 36 of 36

Full-Text Articles in Law

Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha Dec 2004

Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …


Wheelchair As Semiotic: Space Governance Of The American Handicapped Parking Space, Sarah Marusek Dec 2004

Wheelchair As Semiotic: Space Governance Of The American Handicapped Parking Space, Sarah Marusek

Sarah Marusek, Ph.D

No abstract provided.


Democracia De Masas Y Democracia Constitucional En El Perú Contemporáneo, Jose Luis Sardon Dec 2004

Democracia De Masas Y Democracia Constitucional En El Perú Contemporáneo, Jose Luis Sardon

Jose Luis Sardon

No abstract provided.


Related Article: Alvarez-Machain V. United States And Alvarez-Machain V. Sosa: The Brooding Omnipresence Of Natural Law, Eric A. Engle Dec 2004

Related Article: Alvarez-Machain V. United States And Alvarez-Machain V. Sosa: The Brooding Omnipresence Of Natural Law, Eric A. Engle

Eric A. Engle

Alvarez Machain was wrongly decided because the Supreme Court rejects natural law arguments out of hand. Natural law and positive law are not dichotomous. They are complementary. The Supreme Court will eventually be forced to review all cases rejecting arguments due to a rejection of natural law.


No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan Dec 2004

No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan

Donald J. Kochan

Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …


On Waves, Clusters, And Diffusion: A Conceptual Framework, Zachary Elkins, Beth Simmons Dec 2004

On Waves, Clusters, And Diffusion: A Conceptual Framework, Zachary Elkins, Beth Simmons

Zachary Elkins

No abstract provided.