Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- International law (2)
- Academic Freedom (1)
- Allocation of powers (1)
- Book review (1)
- Boycott (1)
-
- Charter of Fundamental Rights of the European Union (1)
- Community Treaties (1)
- Earth collisions (1)
- Eric Michael Mazur (1)
- European Union (1)
- Gender (1)
- Judicial bias (1)
- Judicial decision-making (1)
- Judicial interpretation (1)
- Jury compensation (1)
- Jury service (1)
- Law and religion (1)
- Literature (1)
- Maastricht Treaty (1)
- Natural disasters (1)
- Principle of Subsidiarity (1)
- Race (1)
- Religious minorities (1)
- Space bodies (1)
- Transboundary disasters (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
The Allocation Of Powers In The European Union: A Closer Look At The Principle Of Subsidiary, Christoph Henkel
The Allocation Of Powers In The European Union: A Closer Look At The Principle Of Subsidiary, Christoph Henkel
Journal Articles
In the first section this article examines the different meanings of subsidiarity, its character as a doctrine of social philosophy and the origins of the concept of subsidiarity in the Community Treaties. The second section of this article describes the community approach to application, interpretation and review of compliance with subsidiarity. In this context, the Principle of Proportionality and the procedural requirement to Show Sufficient Grounds are considered as tools for judicial review and first developments in the case law of the European Court of Justice are discussed. Finally, against the background of political economic theory, the article will highlight …
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
Eric Michael Mazur’s dissertation (supervised by Phillip E. Hammond) argues that minority religious communities have had to “subordinate their distinct theological beliefs to the transcending principles of the majority articulated by the constitutional order, or they are forced to do so by the physical powers of the government” (p. xxv). To support this argument, he takes an empirical approach and focuses on the Jehovah’s Witnesses, the Church of Jesus Christ of Latter-Day Saints (the Mormons), and Native American religious traditions.
For White Women: Your Blues Ain't Like Mine, But We All Hide Our Faces And Cry--Literary Illumination For White And Black Sister/Friends, Angela Mae Kupenda
For White Women: Your Blues Ain't Like Mine, But We All Hide Our Faces And Cry--Literary Illumination For White And Black Sister/Friends, Angela Mae Kupenda
Journal Articles
No abstract provided.
Judicial Mindfulness, Evan R. Seamone
Judicial Mindfulness, Evan R. Seamone
Journal Articles
Like all human beings, judges are influenced by personal routines and behaviors that have become second nature to them or have somehow dropped below the radar of their conscious control. Professor Ellen Langer and others have labeled this general state "mindlessness." They have distinguished "mindful" thinking as a process that all people can employ to gain awareness of subconscious influences, and thus increase the validity of their decisions. In this Article, I establish a theory of "judicial mindfulness" that would guard against two types of "cold" bias when interpreting legal materials. The first harmful bias involves traumatic past events that …
A Refreshing Jury Cola: Fulfilling The Duty To Compensate Jurors Adequately, Evan R. Seamone
A Refreshing Jury Cola: Fulfilling The Duty To Compensate Jurors Adequately, Evan R. Seamone
Journal Articles
This Article adopts a new perspective on the obligation of states to compensate jurors on the basis of their financial needs. It combs the nation’s history for answers to a variety of significant questions: Why do states compensate jurors? Have there ever been minimal levels of juror compensation among the states of the union? Have any legal challenges resulted in governments raising jury fees? Have states developed uniform standards for juror compensation in light of varied economic conditions? While, at times, the responses to these questions will be brief, answering them is crucial to understanding how jury fees can be …
Law School Professors Comment On The Campus Boycott Of Justice Clarence Thomas: Did They Do The Right Thing?, Angela Mae Kupenda
Law School Professors Comment On The Campus Boycott Of Justice Clarence Thomas: Did They Do The Right Thing?, Angela Mae Kupenda
Journal Articles
The black professors' only mistake occurred if they assumed that, like white professors, they would be found deserving of two core professorial rights: the right of academic freedom and the right to exercise individual moral responsibility. The harsh critics of the black professors' boycott of Justice Thomas' speech are trying to deny the professors these core professorial rights/duties that are ordinarily heaped upon white professors without reservation.
Note, When Wishing On A Star Just Won’T Do: The Legal Basis For International Cooperation In The Mitigation Of Asteroid Impacts And Similar Transboundary Disasters, Evan R. Seamone
Journal Articles
This Note uses the threat of collisions of large space bodies with the Earth as a vehicle to investigate the legal duties of nations to participate in collective efforts at megadisaster mitigation. Asteroids and comets are space bodies while meteors occupy a less-threatening category. Although they differ in chemical composition and in visibility to the naked eye, large space bodies can endanger multiple nations simultaneously. Space bodies are ideal topics of investigation because the magnitude of the threats they pose is inestimable. Legal obligations to mitigate Earth impacts apply equally well to other infrequent threats that are currently of the …