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Full-Text Articles in Law
Qualified Immunity For Civil Rights Violations: Refining The Standard , John D. Kirby
Qualified Immunity For Civil Rights Violations: Refining The Standard , John D. Kirby
Cornell Law Review
No abstract provided.
The Word Commons And Foreign Laws, Thomas O. Main
The Word Commons And Foreign Laws, Thomas O. Main
Cornell International Law Journal
Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the application of foreign law. However, these outcomes are problematic because parties are denied access to court or have their …
The Icsid Under Siege, Leon E. Trakman
The Icsid Under Siege, Leon E. Trakman
Cornell International Law Journal
Rights-based processes, including binding arbitration and traditional court trials, have limited remedies and may not address the full range of interests and needs that the parties may have. Disputes resolved on the basis of power (e.g. through gunboat diplomacy, or at the extreme, violence and war) weight the outcome in favour of the party with the most leverage, status and resources, but this may be costly on the relationships involved and may result in failure to vindicate rights.(1)
Response, Eduward M. Penalver
Response, Eduward M. Penalver
Cornell Journal of Law and Public Policy
No abstract provided.
The Third Death Of Federalism, Christopher A. Bryant
The Third Death Of Federalism, Christopher A. Bryant
Cornell Journal of Law and Public Policy
No abstract provided.
Kyoto Or Not, Here We Come: The Promise And Perils Of The Piecemeal Approach To Climate Change Regulation In The United States, Randall S. Abate
Kyoto Or Not, Here We Come: The Promise And Perils Of The Piecemeal Approach To Climate Change Regulation In The United States, Randall S. Abate
Cornell Journal of Law and Public Policy
No abstract provided.
The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker
The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker
Cornell International Law Journal
A former UN official & staff lawyer for the International Court of Justice (ICJ) reflects on that courts ruling on Israels construction of a wall in the Occupied Palestinian Territory. It is emphasized that the Court's primary focus was upholding international law. The case was not about Israels right to build a protective structure on its own territory but about the course of the West Bank barrier that extends past the Green Line designated in the 1949 Armistice Agreement. Key pronouncements of the landmark opinion are examined, including condemnation of the settlements that Israel had established in Palestinian territories; the …
Intensified International Trade And Security Policies Can Present Challenges For Corporate Transactions, Harry L. Clark, Sanchitha Jayaram
Intensified International Trade And Security Policies Can Present Challenges For Corporate Transactions, Harry L. Clark, Sanchitha Jayaram
Cornell International Law Journal
No abstract provided.
Political Challenges Behind The Implementation Of The Optional Protocol To The Convention On The Rights Of The Child, Michael Southwick
Political Challenges Behind The Implementation Of The Optional Protocol To The Convention On The Rights Of The Child, Michael Southwick
Cornell International Law Journal
No abstract provided.
Republican Party Of Minnesota V. White: The End Of Judicial Election Reform, Lindsay E. Lippman
Republican Party Of Minnesota V. White: The End Of Judicial Election Reform, Lindsay E. Lippman
Cornell Journal of Law and Public Policy
No abstract provided.
The La Verkin U.N.-Free Zone Ordinance: A Town Athwart The New World Order, Andrew G. Fiorella
The La Verkin U.N.-Free Zone Ordinance: A Town Athwart The New World Order, Andrew G. Fiorella
Cornell International Law Journal
No abstract provided.
When Inter-Branch Norms Break Down: Of Arms-For-Hostages, Orderly Shutdowns, Presidential Impeachments, And Judicial Coups, Peter M. Shane
When Inter-Branch Norms Break Down: Of Arms-For-Hostages, Orderly Shutdowns, Presidential Impeachments, And Judicial Coups, Peter M. Shane
Cornell Journal of Law and Public Policy
No abstract provided.
The Politics Of Miranda, Jeffrey Standen
The Politics Of Miranda, Jeffrey Standen
Cornell Journal of Law and Public Policy
No abstract provided.
Branches Behaving Badly: The Predictable And Often Desirable Consequences Of The Separation Of Powers, Saikrishna B. Prakash
Branches Behaving Badly: The Predictable And Often Desirable Consequences Of The Separation Of Powers, Saikrishna B. Prakash
Cornell Journal of Law and Public Policy
No abstract provided.
How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle
How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle
Cornell Journal of Law and Public Policy
No abstract provided.
Defending The Aristocracy: Aba Accreditation And The Filtering Of Political Leaders, George B. Shepherd
Defending The Aristocracy: Aba Accreditation And The Filtering Of Political Leaders, George B. Shepherd
Cornell Journal of Law and Public Policy
No abstract provided.
Unlawful Combatants Or Prisoners Of War: The Law And Politics Of Labels, Manooher Mofidi, Amy E. Eckert
Unlawful Combatants Or Prisoners Of War: The Law And Politics Of Labels, Manooher Mofidi, Amy E. Eckert
Cornell International Law Journal
No abstract provided.
We Must Not Make A Scarecrow Of The Law: A Legal Analysis Of The Israeli Policy Of Targeted Killings, Orna Ben-Naftali, Karen R. Michaeli
We Must Not Make A Scarecrow Of The Law: A Legal Analysis Of The Israeli Policy Of Targeted Killings, Orna Ben-Naftali, Karen R. Michaeli
Cornell International Law Journal
No abstract provided.
The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer
The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer
Cornell International Law Journal
No abstract provided.
The Khasavyurt Accords: Maintaining The Rule Of Law And Legitimacy Of Democracy In The Russian Federation Amidst The Chechen Crisis, Wendy Turnoff Atrokhov
The Khasavyurt Accords: Maintaining The Rule Of Law And Legitimacy Of Democracy In The Russian Federation Amidst The Chechen Crisis, Wendy Turnoff Atrokhov
Cornell International Law Journal
No abstract provided.
How Empirical Studies Can Affect Positively The Politics Of The Death Penalty, Ronald J. Tabak
How Empirical Studies Can Affect Positively The Politics Of The Death Penalty, Ronald J. Tabak
Cornell Law Review
No abstract provided.
Washington, Erdut And Dayton: Negotiating And Implementing Peace In Croatia And Bosnia-Herzegovina, Peter W. Galbraith
Washington, Erdut And Dayton: Negotiating And Implementing Peace In Croatia And Bosnia-Herzegovina, Peter W. Galbraith
Cornell International Law Journal
No abstract provided.
Can Peacebuilding Work, Fen Osler Hampson
Can Peacebuilding Work, Fen Osler Hampson
Cornell International Law Journal
No abstract provided.
Evolution Or Expediency: The United Nations Response To The Disruption Of Democracy, Douglas Lee Donoho
Evolution Or Expediency: The United Nations Response To The Disruption Of Democracy, Douglas Lee Donoho
Cornell International Law Journal
No abstract provided.
Line-Item Veto Amendment , J. Gregory Sidak
The Democratized Market Economy In Latin America (And Elsewhere): An Exercise In Institutional Thinking Within Law And Political Economy, Tamara Lothian
The Democratized Market Economy In Latin America (And Elsewhere): An Exercise In Institutional Thinking Within Law And Political Economy, Tamara Lothian
Cornell International Law Journal
No abstract provided.
Jury Service As Political Participation Akin To Voting , Vikram David Amar
Jury Service As Political Participation Akin To Voting , Vikram David Amar
Cornell Law Review
No abstract provided.
Our Juries Our Selves: The Power Perception And Politics Of The Civil Jury , Laura Gaston Dooley
Our Juries Our Selves: The Power Perception And Politics Of The Civil Jury , Laura Gaston Dooley
Cornell Law Review
No abstract provided.
The Democratization Of The Development Of United States Trade Policy, Patti Goldman
The Democratization Of The Development Of United States Trade Policy, Patti Goldman
Cornell International Law Journal
No abstract provided.
Democratizing International Trade Decision-Making, Robert F. Housman
Democratizing International Trade Decision-Making, Robert F. Housman
Cornell International Law Journal
No abstract provided.