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Articles 751 - 780 of 16290
Full-Text Articles in Law
The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii
The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii
John J. Barceló III
No abstract provided.
Subsidies, Countervailing Duties And Antidumping After The Tokyo Round, John J. Barceló Iii
Subsidies, Countervailing Duties And Antidumping After The Tokyo Round, John J. Barceló Iii
John J. Barceló III
No abstract provided.
Canada And The United States: A Changing Relationship In A Changing World, Panel Discussion And Prognostications, John J. Barceló Iii
Canada And The United States: A Changing Relationship In A Changing World, Panel Discussion And Prognostications, John J. Barceló Iii
John J. Barceló III
No abstract provided.
Expanded Judicial Review Of Awards After Hall Street And In Comparative Perspective, John J. Barceló Iii
Expanded Judicial Review Of Awards After Hall Street And In Comparative Perspective, John J. Barceló Iii
John J. Barceló III
The essay addresses whether party preference for more intrusive court review of the facts and law of an aribitral award will (or should) be respected in national arbitration law. The recent U.S. Supreme Court decision in Hall Street rules that expanded review clauses are not enforceable under the Federal Arbitration Act. The essay argues, however, that expanded review of an international arbitral award should still be possible in the U.S. if the parties draft the arbitration clause carefully. For that purpose the parties should include an expanded review clause and should place the arbitral seat in a State that allows …
Symposium The International Legal Regime For Antarctica: Introduction, John J. Barceló Iii
Symposium The International Legal Regime For Antarctica: Introduction, John J. Barceló Iii
John J. Barceló III
No abstract provided.
Subsidies And Countervailing Duties--Analysis And A Proposal, John J. Barceló Iii
Subsidies And Countervailing Duties--Analysis And A Proposal, John J. Barceló Iii
John J. Barceló III
The author recommends a new scheme for regulating the use of government subsidies and countervailing duties in international trade, an area presently regulated by the General Agreement on Tariffs and Trade. He contends that these rules should be based to a large extent on principles of free trade and economic efficiency. In addition to setting out proposed regulations, the author analyzes the strength and weaknesses of free trade theory and of the present GATT rules regarding subsidies and countervailing duties.
Ecj Review Of Member State Measures For Compliance With Fundamental Rights, John J. Barceló Iii
Ecj Review Of Member State Measures For Compliance With Fundamental Rights, John J. Barceló Iii
John J. Barceló III
This essay explores the avenues through which a European-level system of fundamental rights might be effectively enforced against EU Member State measures. The parallel concept in the U.S. occurred when, starting in 1938, the U.S. Supreme Court began ruling that different distinct guarantees in the Federal Bill of Rights of the U.S. Constitution controlled State government measures. In the EU, the European Court of Justice (ECJ) could conceivably follow a similar line of development within the EU system, or, on the other hand, the European Court for Human Rights (ECtHR) could play that role. This essay explores these options and …
International Law At The Cornell Law School, John J. Barceló Iii, Lee E. Teitelbaum
International Law At The Cornell Law School, John J. Barceló Iii, Lee E. Teitelbaum
John J. Barceló III
No abstract provided.
The Status Of Wto Rules In U.S. Law, John J. Barceló Iii
The Status Of Wto Rules In U.S. Law, John J. Barceló Iii
John J. Barceló III
Under U.S. implementing legislation and recent court decisions the WTO agreements and rulings have neither direct nor even indirect effect within the U.S. legal system. Political-economic theory can explain this result and the paradox of Congressional support (even mandate) for the more legally binding WTO dispute settlement regime that emerged from the Uruguay Round appearing side-by-side with Congressional insistence on a firewall of separation between WTO law and the U.S. legal system. It can also explain the few exceptional cases - for example, the TRIPS and Government Procurement Agreements - in which the parties adopted a form of quasi-direct effect. …
Product Standards To Protect The Local Environment--The Gatt And The Uruguay Round Sanitary And Phytosanitary Agreement, John J. Barceló Iii
Product Standards To Protect The Local Environment--The Gatt And The Uruguay Round Sanitary And Phytosanitary Agreement, John J. Barceló Iii
John J. Barceló III
No abstract provided.
The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies
The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Oscar Romero Y Thomas Becket, Ramiro De Valdivia Cano
Oscar Romero Y Thomas Becket, Ramiro De Valdivia Cano
Ramiro De Valdivia Cano
OSCAR ROMERO Y THOMAS BECKET
Meeting The Youthful Inmate Standard: Addressing Operations, Finding Promising Practices And Knowing The Law, Brenda V. Smith, Elissa Rumsey, Carmen Daugherty
Meeting The Youthful Inmate Standard: Addressing Operations, Finding Promising Practices And Knowing The Law, Brenda V. Smith, Elissa Rumsey, Carmen Daugherty
Presentations
No abstract provided.
Danaher V. Hopkins (Sc 2879), Manuscripts & Folklife Archives
Danaher V. Hopkins (Sc 2879), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 2879. Photocopy of decision of Kentucky Court of Appeals in Danaher v. Hopkins, rendered on 24 October 2014. The court rules on an appeal from the Warren Circuit Court regarding custody of the child of the parties in the case.
Supreme Court Cases 2013–14 Term, Barbara Fick
Supreme Court Cases 2013–14 Term, Barbara Fick
Books
This is section 6 from a symposium called "Recent Developments in Employment Law" hosted by the Indiana Continuing Legal Education Forum, December 16, 2014.
Out Of Step And Out Of Touch: Queensland's 2014 Youth Justice Amendments, Jodie O'Leary
Out Of Step And Out Of Touch: Queensland's 2014 Youth Justice Amendments, Jodie O'Leary
Jodie O'Leary
Early in 2014, Queensland significantly transformed its Youth Justice Act 1992 (Qld). The amendments included removing the principle that detention should be a last resort, providing for the automatic transfer of 17-year-olds in detention to adult correctional facilities and a mandatory boot camp order for recidivist motor vehicle offenders in Townsville. This article demonstrates that these amendments are out of step with other Australian jurisdictions, conflict with international obligations and are out of touch with the evidence as to best practice in youth justice.
Acciones Colectivas Vs Cláusula De Arbitraje, Jorge E. De Hoyos Walther
Acciones Colectivas Vs Cláusula De Arbitraje, Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
Análisis de la resolución de la Suprema Corte de Justicia que permite la procedencia una accione colectiva, aun cuando las partes se hayan sometido al arbitraje.
Trending@Rwu Law: Kimberly Ahern's Post: Alumni Celebrate, Donate Toys-For-Tots, Kimberly Ahern
Trending@Rwu Law: Kimberly Ahern's Post: Alumni Celebrate, Donate Toys-For-Tots, Kimberly Ahern
Law School Blogs
No abstract provided.
Actual Innocence In New York: The Curious Case Of People V. Hamilton, Benjamin E. Rosenberg
Actual Innocence In New York: The Curious Case Of People V. Hamilton, Benjamin E. Rosenberg
Res Gestae
It is rare for a case from the New York Appellate Division to be as significant as People v. Hamilton. The case, however, was the first New York appellate court decision to hold that a defendant might vacate his conviction if he could demonstrate that he was “actually innocent” of the crime of which he was charged. Although the precedential force of the decision is limited to the Second Department, trial courts throughout the state are required to follow Hamilton unless or until the appellate court in their own Department rules on the issue. Courts throughout the state are …
I Giorni Della Libertà. Italia 62 Años Después, Ramiro De Valdivia Cano
I Giorni Della Libertà. Italia 62 Años Después, Ramiro De Valdivia Cano
Ramiro De Valdivia Cano
I giorni della libertà. Italia 62 años después
Comment On The Cfpb's Policy On No-Action Letters, David J. Reiss, K. Sabeel Rahman, Jeffrey Lederman
Comment On The Cfpb's Policy On No-Action Letters, David J. Reiss, K. Sabeel Rahman, Jeffrey Lederman
David J Reiss
This is a comment on the Consumer Financial Protection Bureau’s (the “Bureau”) proposed Policy on No-Action Letters (the “Policy”). The Policy is a step in the right direction, but a more robust Policy could better help the Bureau achieve its statutory purposes.
The Bureau recognizes that there are situations in which consumer financial service businesses (“Businesses”) are uncertain as to the applicability of laws and rules related to new financial products (“Products”); how regulatory provisions might be applied to their Products; and what potential enforcement actions could be brought against them by regulatory agencies for noncompliance. Businesses could therefore benefit …
Beyond Blood Quantum: The Legal And Political Implications Of Expanding Tribal Enrollment, Tommy Miller
Beyond Blood Quantum: The Legal And Political Implications Of Expanding Tribal Enrollment, Tommy Miller
American Indian Law Journal
No abstract provided.
No Tribal Court Is An Island? Citation Practices Of The Tribal Judiciary, Rose Carmen Goldberg
No Tribal Court Is An Island? Citation Practices Of The Tribal Judiciary, Rose Carmen Goldberg
American Indian Law Journal
No abstract provided.
The Daryl Atkins Story, Mark E. Olive
The Daryl Atkins Story, Mark E. Olive
William & Mary Bill of Rights Journal
No abstract provided.
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
William & Mary Bill of Rights Journal
In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth …
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola
William & Mary Bill of Rights Journal
No abstract provided.
Scientizing Culpability: The Implications Of Hall V. Florida And The Possibility Of A “Scientific Stare Decisis”, Christopher Slobogin
Scientizing Culpability: The Implications Of Hall V. Florida And The Possibility Of A “Scientific Stare Decisis”, Christopher Slobogin
William & Mary Bill of Rights Journal
The Supreme Court’s decision in Hall v. Florida held that “clinical definitions” control the meaning of intellectual disability in the death penalty context. In other words, Hall “scientized” the definition of a legal concept. This Article discusses the implications of this unprecedented move. It also introduces the idea of scientific stare decisis—a requirement that groups that are scientifically alike be treated similarly for culpability purposes—as a means of implementing the scientization process.
Challenges Of Conveying Intellectual Disabilities To Judge And Jury, Caroline Everington
Challenges Of Conveying Intellectual Disabilities To Judge And Jury, Caroline Everington
William & Mary Bill of Rights Journal
No abstract provided.
Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial, Caleb R. Stone
William & Mary Bill of Rights Journal
No abstract provided.
Sovereignty, Economic Development, And Human Security In Native American Nations, W. Gregory Guedel
Sovereignty, Economic Development, And Human Security In Native American Nations, W. Gregory Guedel
American Indian Law Journal
No abstract provided.