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Articles 1 - 17 of 17
Full-Text Articles in Law
The Primacy Of Society And The Failures Of Law And Development, Brian Z. Tamanaha
The Primacy Of Society And The Failures Of Law And Development, Brian Z. Tamanaha
Cornell International Law Journal
No abstract provided.
Putting Aside The Rule Of Law Myth: Corruption And The Case For Juries In Emerging Democracies, Brent T. White
Putting Aside The Rule Of Law Myth: Corruption And The Case For Juries In Emerging Democracies, Brent T. White
Cornell International Law Journal
No abstract provided.
A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati L. Griffith
A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati L. Griffith
Cornell International Law Journal
No abstract provided.
Who Is The "Sovereign" In Sovereign Debt?: Reinterpreting A Rule-Of-Law Framework From The Early Twentieth Century, Odette Lienau
Who Is The "Sovereign" In Sovereign Debt?: Reinterpreting A Rule-Of-Law Framework From The Early Twentieth Century, Odette Lienau
Cornell Law Faculty Publications
Combining legal interpretation with political science analysis, this Article highlights the competing "statist" and "popular" conceptions of sovereignty at stake in sovereign debt issues. It argues that these two dominant approaches do not exhaust the offerings of intellectual history and considers an alternative approach that emerged in the early twentieth century and may be of relevance again today. The Article contends that U.S. Chief Justice Taft's foundational 1923 "Tinoco" decision, which grounds the current approach to sovereign governmental recognition, has been misinterpreted to support a purely statist or absolutist conception of sovereignty. It argues that a proper interpretation presents an …
Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank Munger
Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank Munger
Cornell International Law Journal
No abstract provided.
Economic Emergency And The Rule Of Law, Bernadette Meyler
Economic Emergency And The Rule Of Law, Bernadette Meyler
Cornell Law Faculty Publications
Academic work extolling the merits of the "rule of law" both domestically and internationally abounds today, yet the meanings of the phrase itself seem to proliferate. Two of the most prominent contexts in which rule of law rhetoric appears are those of economic development and states of emergency. In the area of private law, dissemination of the rule of law across the globe and, in particular, among emerging market countries is often deemed a prerequisite for enhancing economic development, partly because it ensures that foreign investments will not be summarily expropriated and that contractual rights will not be frustrated by …
Economic Emergency And The Rule Of Law, Bernadette A. Meyler
Economic Emergency And The Rule Of Law, Bernadette A. Meyler
Cornell Law Faculty Publications
Academic work extolling the merits of the "rule of law" both domestically and internationally abounds today, yet the meanings of the phrase itself seem to proliferate. Two of the most prominent contexts in which rule of law rhetoric appears are those of economic development and states of emergency. In the area of private law, dissemination of the rule of law across the globe and, in particular, among emerging market countries is often deemed a prerequisite for enhancing economic development, partly because it ensures that foreign investments will not be summarily expropriated and that contractual rights will not be frustrated by …
The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton
The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, & accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 & 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, & the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural …
A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah
A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah
Cornell International Law Journal
Explores the separations, constructions, & barriers between law & religion from both a secular & religious perspective. Maintaining boundaries between law & religion often results in the construction of the repudiated religious Other. Creation of a public/private divide is based on an exclusion that functions like what psychoanalysts call abjection. However, the abject (religion) is a latent source of creativity that remains outside the domain of the law but weakens it as the primary site of authority. Removing religion from the sidelines of public juridical dialogue reduces the constraining power of discourse & widens the states discretion. The failure of …
Assessing Human Rights In China: Why The Double Standard, Randall Peerenboom
Assessing Human Rights In China: Why The Double Standard, Randall Peerenboom
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.
Reflections On The Rule Of Law And Clear Reflection Of Income: What Constrains Discretion, Edward A. Morse
Reflections On The Rule Of Law And Clear Reflection Of Income: What Constrains Discretion, Edward A. Morse
Cornell Journal of Law and Public Policy
No abstract provided.
Piety And Revision: How Will The Mandarins Survive Under The Rule Of Law, Leon Lipson
Piety And Revision: How Will The Mandarins Survive Under The Rule Of Law, Leon Lipson
Cornell International Law Journal
No abstract provided.
Discussion: Jurisprudential Responses To Legal Realism
Discussion: Jurisprudential Responses To Legal Realism
Cornell Law Review
No abstract provided.
Jurisprudential Responses To Legal Realism , Richard Posner
Jurisprudential Responses To Legal Realism , Richard Posner
Cornell Law Review
No abstract provided.
Jurisprudential Responses To Legal Realism , Charles Fried
Jurisprudential Responses To Legal Realism , Charles Fried
Cornell Law Review
No abstract provided.