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Articles 1 - 19 of 19
Full-Text Articles in Law
General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark
General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark
Anthony J. Bellia
No abstract provided.
The Inevitability Of Practical Reason: Statutes, Formalism, And The Rule Of Law, Daniel A. Farber
The Inevitability Of Practical Reason: Statutes, Formalism, And The Rule Of Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
Context, Timing And The Dynamics Of Transitional Justice: A Historical Perspective, Laurel E. Fletcher, Harvey M. Weinstein, Jamie Rowen
Context, Timing And The Dynamics Of Transitional Justice: A Historical Perspective, Laurel E. Fletcher, Harvey M. Weinstein, Jamie Rowen
Laurel E. Fletcher
Legal process is invoked by supporters of transitional justice as necessary if not a precondition for societies affected by mass violence to transition into a new period of peace and stability. In this paper, we question the presumption that trials and/or truth commissions should be an early response to initiating a transitional justice process. We conducted a multi-factorial, qualitative analysis of seven case studies in countries impacted by mass violence and repression—Argentina, Cambodia, Guatemala, Timor-Leste, Northern Ireland, Sierra Leone, and South Africa. What emerges is a fuller appreciation of the dynamic system in which transitional justice interventions occur. Each system …
The Rule Of Law And The Litigation Process: The Paradox Of Losing By Winning, Catherine Albiston
The Rule Of Law And The Litigation Process: The Paradox Of Losing By Winning, Catherine Albiston
Catherine R. Albiston
This article expands upon the idea that repeat players influence the development of law by settling cases they are likely to lose and litigating cases they are likely to win. Through empirical analysis of judicial opinions interpreting the Family and Medical Leave Act, it shows how the rule-making opportunities in the litigation process affect the development of law and the judicial determination of statutory rights. In addition, the article explains how early judicial opinions might influence later judicial interpretations of the law. Although individuals may successfully mobilize the law to gain benefits in their disputes, that success often removes their …
Democratizing The Criminal: Jury Nullification As Exercise Of Sovereign Discretion Over The Friend-Enemy Distinction, Timothy A. Delaune
Democratizing The Criminal: Jury Nullification As Exercise Of Sovereign Discretion Over The Friend-Enemy Distinction, Timothy A. Delaune
Open Access Dissertations
This dissertation examines jury nullification - the ability of American juries in particular criminal cases to ignore or override valid law to be applied to defendants by acquitting them in cases in which the facts are undisputed or clear - as an exercise of sovereignty over the friend-enemy distinction as those terms are defined by Carl Schmitt. It begins with a biography of Schmitt and a description of his concept of sovereignty as ultimate decisional power. It then discusses sovereignty in the American context, with particular attention to the principles of the Founding and the nature of the fictively constructed …
Assessing The Strength Of The Rule Of Law In New Zealand, Matthew S. R. Palmer Qc
Assessing The Strength Of The Rule Of Law In New Zealand, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
The rule of law is fundamental to New Zealand’s legal system but its content is inadequately understood and observed. This paper calls for the rule of law in New Zealand to be clarified, strengthened and applied. The article offers an essentialised conception of the rule of law that might cross ideological divides and assesses recent Acts of Parliament against that conception. Finally, the article comments on the place of the rule of law in New Zealand’s constitutional culture and calls for its strengthening by establishment of an independent means of assessing draft legislation for consistency with the rule of law.
The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron
The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron
Christopher David Ruiz Cameron
No abstract provided.
Russia With “More Than Justice”, Yuliya Kostelova
Russia With “More Than Justice”, Yuliya Kostelova
Yuliya Kostelova
No abstract provided.
O Capital Jurídico E O Ciclo Da Litigância, Ivo T. Gico Jr.
O Capital Jurídico E O Ciclo Da Litigância, Ivo T. Gico Jr.
Ivo Teixeira Gico Jr.
THIS PAPER EXPLORES THE INTERPRETATION OF LAW AS CAPITAL GOOD AND ITS IMPLICATIONS REGARDING THE AGGREGATE BEHAVIOR OF BRAZILIAN LITIGATION. THE THEORY INDICATES THAT THERE MAY BE A DIRECT LINK BETWEEN THE REAL STOCK OF LEGAL CAPITAL WITHIN A LEGAL ORDER AND THE AGGREGATE BEHAVIOR OF LITIGANTS, SINCE A SUBOPTIMAL OFFER OF LEGAL CERTAINTY CREATES INCENTIVES TO LITIGATE. THIS INTERRELATIONSHIP IS SUPPOSED TO GENERATE A CYCLICAL LITIGATION, WHICH IS NOT OBSERVED IN BRAZIL.
Democracy V. Capitalism: An Inquiry Into The Role Of Government In The Economy, Daniel J. Boyle
Democracy V. Capitalism: An Inquiry Into The Role Of Government In The Economy, Daniel J. Boyle
Daniel J Boyle
Our modern social contract is mired in conflict between two opposing ideological views and systems: one that believes the optimal path to prosperity requires minimalist government involvement and the other which believes that government should guarantee social and economic welfare for society. Ideologically based arguments on each side drive a further wedge between the “haves” and the “have-nots.” The challenge of resolving these conflicting views is perhaps the most fundamental issue facing the world. The conflicts that have arisen in our societies in recent years—the backlash over globalization, the financial crisis, the European debt crisis, and many others—have parallels in …
Democracy V. Capitalism Presentation Notes, Daniel J. Boyle
Democracy V. Capitalism Presentation Notes, Daniel J. Boyle
Daniel J Boyle
Our modern social contract is mired in conflict between two opposing ideological views and systems: one that believes the optimal path to prosperity requires minimalist government involvement and the other which believes that government should guarantee social and economic welfare for society. Ideologically based arguments on each side drive a further wedge between the “haves” and the “have-nots.” The challenge of resolving these conflicting views is perhaps the most fundamental issue facing the world. The conflicts that have arisen in our societies in recent years—the backlash over globalization, the financial crisis, the European debt crisis, and many others—have parallels in …
The Rule Of Law In Cyberspace, Mireille Hildebrandt
The Rule Of Law In Cyberspace, Mireille Hildebrandt
Mireille Hildebrandt
This is a translation of my inaugural lecture at Radboud University Nijmegen. The Dutch version has been published as a booklet, the English version in available on my bepress site.
Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii
Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii
James T Gathii
No abstract provided.
General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark
General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark
William & Mary Law Review
No abstract provided.
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Kevin H. Govern
This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …
Internet Enhancement Of The Role Of Civil Society In Promoting The Rule Of Law In Transitional States, Brian D. Anderson, Howard N. Fenton Iii
Internet Enhancement Of The Role Of Civil Society In Promoting The Rule Of Law In Transitional States, Brian D. Anderson, Howard N. Fenton Iii
Brian D Anderson
The Internet has the potential to play a key role in the way civil society organizations promote the rule of law in transitional states. In many states several barriers stand in the way of utilizing the Internet for this purpose. Challenges that arise include technological deficits and poor infrastructure, socio-economic barriers, government hostility to open information, and civil society organizations unable to reach populations. With the development of new technologies, and increased openness of information, civil society organizations will be better positioned to embrace the use of the Internet to promote the rule of law by helping citizens receive information, …
Compiling Online Legal Information In Transitional States: Challenges And Opportunities, Brian D. Anderson
Compiling Online Legal Information In Transitional States: Challenges And Opportunities, Brian D. Anderson
Brian D Anderson
In transitional states, especially those developing systems of democratic governance, the creation of online, reliable, and accessible legal information systems is a critical component of good governance. When these databases are created, however, there are significant challenges that may arise to achieving a working and sustainable database. Once created, additional opportunities exist for creating better content, educating users, and enhancing the rule of law through open access to laws. This article will address some of the particular challenges and opportunities presented to transitional states when creating an online legal information system, specifically those involving political and social issues from gaining …
Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar
Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar
Indiana Journal of Global Legal Studies
Legal education plays an important role in developing lawyers who act as social engineers and work towards the cause of nation building. In a globalized world, law schools face the challenges of increased foreign competition and reduction of the role of the state. At the same time, globalization affords space for re-examining higher education systems by affording opportunity for establishing global universities with international collaborations and programs. This article examines the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization. It examines how the private sector in India can contribute …
Secularism, The Rule Of Law, And ‘Shari‘A Courts’: An Ethnographic Examination Of A Constitutional Controversy, Jeffrey A. Redding
Secularism, The Rule Of Law, And ‘Shari‘A Courts’: An Ethnographic Examination Of A Constitutional Controversy, Jeffrey A. Redding
Saint Louis University Law Journal
No abstract provided.